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