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Matthew Parker

Call 1997; BA (Cantab)
E-mail: mparker@3vb.com
Foundation Scholar of Jesus College, Cambridge

Matthew Parker is recommended as a leading junior in the fields of Commercial Litigation, Banking, Civil Fraud and Professional Negligence. As part of his broad commercial practice, he also has expertise in financial services, directors' duties, insolvency, insurance, international trade, IT and telecoms, share warranty claims, energy-related litigation (including electricity and oil & gas), and claims involving the Commercial Agents Regulations 1993.

Many of Matthew's cases involve an international element and he is particularly interested in jurisdictional disputes and the conflict of laws, appearing in Morin v Bonhams & Brooks [2004] 1 Lloyd's Rep 702 (CA) and FFSB Ltd v Seward & Kissel LLP [2007] UKPC 16. He has been instructed in substantial litigation in Jersey, Anguilla, the Cayman Islands and The Bahamas. Matthew also has considerable experience in international arbitration, having been "tipped as a rising star" in this field (Legal 500, 2003 edition), and has been involved in arbitrations in Texas, France, Holland and Sweden.

Commercial Litigation

In addition to the cases in various specialised areas identified below, Matthew has extensive experience of general commercial litigation. He is ranked as a leading junior who is "often touted as an up and coming star" and sources award him "special mention ... for his client-friendliness and capability in multi-layered proceedings" (Chambers & Partners, 2008). Matthew has also been noted for his "robust and penetrative" cross-examination (see M&J Polymers v Imerys below).

He is currently acting (with Richard Salter QC) in a dispute over the acquisition of a 10% stake in the London Stock Exchange and (with Geoffrey Robertson QC) in proceedings concerning a 50% share in the Patrón tequila business. Recent commercial court cases include:

  • M&J Polymers v Imerys [2008] EWHC 344 (Comm): claim arising out of a 3-year chemical supply contract, raising issues of "fitness for purpose" and whether a "take or pay" provision was unenforceable as a penalty clause (DLA Piper, Sheffield).

  • Bartercard Plc v Nabarro Wells & Co Ltd [2007] EWHC 2687 (Comm): acting for the Nominated Advisor (Nomad) to an AIM-listed company in an action arising out of its appointment and resignation (Berwin Leighton Paisner).

Banking and Financial Services

Described as "the golden boy of banking law" (Legal 500, 2008), peers "consider him to possess a hardness that gives him an edge. One who really thinks carefully and diligently about cases, his bullishness means he is only too happy to get before a judge and tell it like it is" (Chambers & Partners, 2008).

Matthew has extensive experience acting for retail and investment banks and building societies in disputes involving banking operations, restitutionary claims, investment advice, endowment policies, cheques, bills of exchange, guarantees and mortgages. He is also co-author of the Encyclopaedia of Forms and Precedents, Volume 6(1), Building Societies. Cases include:

  • MJ Select Global Ltd (Bahamas): acting for the directors of a Bahamian mutual fund in negligence claims arising out of the collapse of the fund with alleged losses of over $50m (Latham & Watkins, led by Ali Malek QC).

  • Oracle Litigation (Bahamas): acting for the administrators of a Bahamian mutual fund in claims for negligence and misrepresentation brought by shareholders in the fund (Richards Butler, led by Mark Hapgood QC).

  • e-millennium Limited v Deutsche Bank AG (Cayman Islands): acting for investment bank in claims for dissolution of a $150m private equity fund on just and equitable grounds (Slaughter & May, led by Stephen Phillips QC).

  • Oystertec plc v Yorkshire Bank plc [2004] EWHC 1582 (Ch), [2006] 1 BCLC 491, [2005] BPIR 381: application by judgment creditor for third party debt order concerning bank's entitlement to set off (Addleshaw Goddard).

  • Brown v Barclays Bank plc [2003] EWHC 2438 (QB), [2003] All ER (D) 377 (Oct): striking out claims arising out of a business banking relationship (Matthew Arnold & Baldwin).
International Commercial Arbitration

Matthew regularly advises on and appears in domestic and international arbitration proceedings, in enforcement and other arbitration applications. He has experience of ICC, LCIA, UNCITRAL and various ad hoc arbitrations. Cases include:
  • Republic of Kazakhstan v Istil Group Inc [2007] EWHC 2729 (Comm), [2008] Bus LR 37: anti-arbitration injunction restraining further conduct of LCIA arbitration proceedings (Reed Smith Richards Butler, led by Ali Malek QC).

  • Republic of Kazakhstan v Istil Group Inc [2007] EWCA Civ 47, [2007] 2 Lloyd's Rep 548: s.67(4) of the Arbitration Act 1996 not inconsistent with Art 6(1) of the European Convention on Human Rights (Reed Smith Richards Butler, led by Ali Malek QC).

  • Republic of Kazakhstan v Istil Group Inc [2006] EWHC 448 (Comm), [2006] 2 Lloyd's Rep 307: s.67 application to set aside $6m LCIA arbitration award for lack of jurisdiction (Richards Butler, led by Ali Malek QC).

Matthew also has experience in several substantial ICC and other arbitrations. These include:

  • Acting for an international oil company in a multi-million dollar ICC arbitration (seated in Stockholm) concerning an oil and gas exploration joint venture in a former Soviet republic.

  • Acting in an ICC arbitration (seated in The Hague) in a claim arising out of a £1.25 billion contract for the supply of armaments.

Commercial Fraud

Matthew is ranked as a leading junior in this field and is "rated highly by solicitors who identify his thoughtful and hardworking demeanour as a welcome attribute" (Chambers & Partners, 2008). He has experience of major fraud claims, including claims for equitable relief, asset tracing and injunctive relief. Cases include:

  • Central Bank Ecuador v Ansbacher (Bahamas) Ltd (Bahamas): acting for the Central Bank in claims arising out of the collapse of an Ecuadorian bank (Harry B Sands, Lobosky & Co, led by William Blair QC).

  • Pell Frischmann Engineering Ltd v Bow Valley Energy Inc (Jersey): acting for defendants in commercial fraud claims arising out of an oil & gas joint venture in the Persian gulf (Crill Canavan).

Professional Negligence

Matthew is recommended in the field of professional negligence (Legal 500, 2008) and appears in claims involving solicitors, accountants, auctioneers, architects and civil engineers. Cases include:

  • Sellar Properties (London 2) Ltd v Nicholson Graham & Jones (Ch D): claim arising out of joint venture agreement for the acquisition of commercial property, due to be developed as the 'Shard of Glass' (Barlow Lyde & Gilbert, led by Justin Fenwick QC).

  • FFSB Ltd v Seward & Kissel LLP [2007] UKPC 16: solicitors' negligence claim arising out of collapse of Bahamian mutual fund; Privy Council decision on jurisdiction for contribution claims (Davies Arnold Cooper, led by Barbara Dohmann QC).

  • Hicks v Russell Jones & Walker [2007] EWHC 940 (Ch), [2007] EWCA Civ 566: and [2007] EWHC 2545 (Ch): solicitors negligence claim arising out of failed Court of Appeal proceedings (Barlow Lyde & Gilbert, led by Bernard Livesey QC).

  • Morin v Bonhams & Brooks [2004] 1 Lloyd's Rep 702 (CA): claim for negligent misstatement arising out of the sale of a Ferrari at auction in Monaco (Jones Day).

  • Lyford Cay House Ltd v Graham Thompson & Co (Bahamas): claim for breach of an escrow agreement concluded in connection with a commercial property transaction (McKinney & Co, led by Stephen Phillips QC).

  • Hicks v Russell Jones & Walker [2001] CP Rep 25: Court of Appeal decision relating to assessment of costs (Barlow Lyde & Gilbert).
IT & Telecoms

Matthew has acted for a range of IT and telecoms companies including Cable & Wireless, COLT, EDS, Redstone, Energis and Global Crossing. He was instructed by EDS in Airtours plc v Electronic Data Systems Limited (Technology and Construction Court), a substantial dispute concerning a holiday-booking software system which settled during trial. He recently acted for EDS in its well-publicised dispute with Her Majesty's Revenue & Customs over the software development for the New Tax Credits system.

In relation to telecoms, Matthew has acted in disputes concerning billing operations, artificial inflation of traffic and general commercial disputes.

Publications and Articles

Encyclopaedia of Forms and Precedents, Volume 6(1), Building Societies (co-author)
Standard Chartered Bank v Pakistan National Shipping Corp
(No 2
) [2003] 1 All ER 173
Motorola Credit Corporation v Uzan
(No 2) [2003] All ER (D) 150 (Jun)
Motorola Credit Corporation v Uzan
[2002] All ER (D) 223 (Jun)
Medcalf v Mardell [2002] 3 All ER 721
Twinsectra Ltd v Yardley
[2002] 2 All ER 377
Bank of China v NBM LLC [2001] All ER (D) 267 (Dec)
BOC Ltd v Instrument Technology Ltd [2001] All ER (D) 53 (Jun)