Paul Lowenstein Call 1988; LLB (Hons) (Manchester); LLM (Cantab) E-mail: plowenstein@3vb.com

Practice

Commercial, financial and business litigation

Notable and current cases:

• Mortgage Lenders Multi-Party Claims: currently instructed on behalf of two separate mortgage lenders as lead counsel to advise and bring proposed claims on their behalf against (in each case) multiple defendant firms of solicitors and valuers. In the first proposed action there are approximately 200 claims. In the second, in excess of 800
  
  
• Sectrack NV v. (1) Satamatics Ltd (2) Jan Leemans [2007] EWHC 3003 (Comm) (Flaux J) - satellite tracking distribution agreement - obtained and held, at the contested return date, injunctions restraining the Defendants from trading with customers of the Claimant protected by contract and from misusing the Claimant's confidential information to this end. The without notice application gave rise to difficult issues of jurisdiction and in relation to evidence obtained as a result of the "hacking" of an email account. The 2-day return day entailed the detailed analysis of extensive evidence, the construction of the relevant agreements and re-consideration of the authorities on breach of confidence in the context of modern electronic communication and storage techniques
  
  
• Hydromax Ltd v. Algram Group Ltd: (2007 - Bristol Mercantile Court) acted for the Claimant to the trial of its action for damages for losses suffered as a result of the Defendant (a plastics fabricator) having failed to produce working samples of the Claimant's hardware product in time to allow the Claimant to take advantage of a supplier's certificate issued by a national DIY chain. The claim settled on beneficial terms on the eve of trial after the Claimant's skeleton argument was lodged
  
  
• SR Technics Acquisition II & Another v. Flsmith: (Commercial Court) currently acting for the Claimant companies in their action for recovery of sums due under indemnity and other clauses in a business sale agreement. The underlying issues concern the adequacy of the maintenance of commercial passenger aircraft service and maintenance records and the associated CAA regulations
  
  
• Inclarity Plc v. O2 (UK) Limited: (2007) advised the proposed claimant in respect of its proposed claims against O2 arising out of O2 having barred access to the Claimant's telecoms network and having withheld revenue otherwise payable on the ground of suspected Artificial Inflation of Traffic (AIT)
  
  
• In the matter of Investec Bank Plc and Greenwich Financial Services Ltd: (2007) (QBD) acted for Investec in its opposition to Letters of Request addressed to certain of its directors and officers
  
  
• Empire Interactive Inc. v. Take 2 Interactive Inc (2007) (Commercial Court) (Field J) - interactive video games - royalty-accounting dispute - acted for the Defendant on its successful application for relief against sanctions following a failure to give adequate disclosure
  
  
• TG Can Ltd. v. Crown Packaging UK Plc [2007] EWHC 1271 (QB) (Gray J) - contract dispute arising out of a machine tools supply agreement - alleged fiduciary duties and implied terms of good faith - acted for the defendant on its successful application (made at the start of the trial) to strike out the claim
  
  
• HIT Entertainment Ltd v. Gaffney International Licensing Pty Ltd [2007] EWHC 1282 (Ch, Sir Donald Rattee) - jurisdiction - principles applicable at common law to application for stay where the claimant relies on a non-exclusive jurisdiction clause - effect of Art.23 of Council Regulation 44/2001 on Jurisdiction and The Recognition and Enforcement of Judgments in Civil and Commercial Matters - whether scope for application of doctrine of forum non conveniens in Art.23 cases
  
  
• Sawyer v. Atari Interactive Inc [2007] EWCA Civ 170 (CA) - interactive video games royalty accounting dispute - acted for the defendant on its successful appeal against the striking out of its counterclaim - consideration of the principles on which new evidence is admitted on appeal - consideration of appropriate procedure on appeal when the law applied by the judge on striking out part of the counterclaim is presently under consideration in the House of Lords. The claim proceeded until it settled on the eve of trial in January 2008
  
  
• Islamic Republic of Iran v. Berend [2007] 2 All E.R. (Comm) 132 (QB, Eady J) - successful defence at trial of Iran's claim to possession of a fragment of the Palace of Persepolis. Conflict of laws - law applicable to movable property abroad. First judicial consideration of the relevance of the doctrine of renvoi to the transfer of title to tangible movable property abroad. Consideration of French domestic law and conflict of laws
  
  
• Bank of Scotland v. Chesterton & Heatons (2005-7, Ch) - currently acting for the claimant in 3 large professional negligence claims against commercial property valuers and solicitors
  
  
• Crave Entertainment Inc v. Computer Game Play Ltd (2007) (Ch) - acted for the U.S. - based claimant interactive video game development house in a licence fee claim against an English publisher. The action was stayed when the Defendant went into administration on the eve of trial
  
  
• HSBC Bank v. Zekaria (2006) (QB, Burton J) - acted for the appellant on his appeal against a £6million summary judgment order obtained by the bank on his personal guarantee
  
  
• Iran Tehran Computer Consultants Group v. Fujitsu [2006] EWHC 2454 (Comm, David Steel J) - successful resistance of two substantial claims for the enforcement in England of an Iranian judgment and similar claims
  
  
• First Oil Expro Ltd. v. ATP Oil & Gas (UK) Ltd (2004-2006, Commercial Court) - acted for the claimant in its claim for disclosure of accounting documents and information and an account against its co-joint-venturer in a North Sea undersea gas well
  
  
• Sawyer v. Atari Interactive Inc [2005] EWHC 2351 (2006) 29 (2) IPD 29012 (Ch, Lawrence Collins J) - acted for Atari on its application for a stay of the proceedings against it on the ground of Forum non Conveniens. Ruling on extension of time for making such applications. Relevance of choice of English law clause to question of jurisdiction considered. The substantive action concerns royalty accounting in the interactive video game industry
  
  
• British Telecommunications Plc v. (1) Martin (2) Stokes [2005] EWCH 1334 (QB, McKinnon J) - successful defence at trial of claim requiring identification of the meaning of the word "customers" in the context of a contract in the telecommunications industry and the analysis of the number of "customers" carried by a network
  
  
• Rachmaninoff v. (1) Sotheby's (2) Terenyi [2005] (QB, David Steel J) - acted for Mrs Terenyi in her defence of the claim for possession of the manuscript of Rachmaninoff's second symphony, which had been left to her in a will
  
  
• Westminster Oil & Gas Ltd v. ING Bank NV [2003] EWHC 2244 (Comm, Thomas LJ) - acted for Defendant in successful resistance of application to lift CPR Part 51 PD 19(1) automatic stay
  
  
• Toneylogo Ltd. v. Totem Communications Ltd. v. B.T. Plc LTL 9/2/2005 (QB, Birmingham Mercantile List) - for Totem at trial of claims arising out of telecommunications pre-paid calling card "arbitrage" - consideration of B.T. Standard Interconnect Agreement - first definitive guidance regarding Artificial Inflation of Traffic
  
  
• Eurofi v. CMB LTL 9/5/2002 (QB and CA) - defence of substantial consolidated Euro-grant commission actions and successful defence of appeal
  
  
• SSQ v. Johann & Backes Schiefer [2002] 1 Lloyd's Rep. 465 (Bristol Mercantile Court) - exclusive jurisdiction established by incorporation of terms through course of dealing - first guidance in relation to Art. 17(1)(b) of Brussels Jurisdiction and Judgments Convention
  
  
• Birmingham Midshires v. HypoBank [2001] (Leeds Mercantile Court) - strike-out of breach of warranty claim arising out of sale of portfolio of mortgages
  
  
• Interoute Telecommunications (UK) Ltd v. Fashion Gossip Ltd & Salco Communications Ltd, The Times 10/11/1999 (Ch, Lightman J) - Civil procedure - Telecommunications - guidance on applications made without notice for orders including Freezing Orders
  
  
• Abbey National Plc v. Clive Travers & Co [1999] Lloyd's Rep. (Prof. Neg.) 753 (CA) - solicitor's negligence - fraud - discovery/disclosure - boundaries of legal professional privilege in circumstances of underlying fraud and where solicitor's lay client not available to be consulted as to waiver
  
  
• Giancarlo Infante v. Rai-Radiotelevisione Italiana S.P.A., The Times 11/3/99 (CA) - Civil procedure - extension of time for appeal
  
  
• Bristol & West B.S. v. Bhadresa (No.2) - [1999] Lloyd's Rep. (Prof. Neg.) 11 (Ch, Lightman J) - application against non-party to litigation (professional indemnity insurer) for costs under SCA 1981 s.51
  
  
• Bristol & West B.S. v. Fancy & Jackson [1997] 4 All E.R. 582 (Ch, Chadwick J) - professional negligence of solicitors in conduct of mortgage lending transaction - case management of 87 actions simultaneous trials of (initially) 15 actions
  
  
• Bristol & West B.S. v. Bhadresa [1997] P.N.L.R. 329 (CA) - case management - decision of trial judge as to conduct of trial - approach of appellate court
  
  
• Bristol & West B.S. v. Daniels [1997] P.N.L.R. 323 (Ch) - solicitors negligence - breach of fiduciary duty
  
  
• Bristol & West B.S. v. May, May & Merrimans [1996] 4 All ER 801 (Ch, Chadwick J) - professional negligence of solicitors in conduct of mortgage lending transaction - group summary judgment application
  
  
• Halifax B.S. (and Raphael Zorn Hemsley) v. Brown ( no.1) and ( no.2) The Times 8/2/1995 (CA) - secured lending - overriding interests
  
  
• Nicholls v.Kinsey [1994] 1 E.G.L.R. 131 (CA) - business tenancy - L&T Act 1954
  
  
• Power v. Sharp (re: Shoe Lace Ltd (in liquidation)) [1992] B.C.L.C. 636 (Ch, Hoffmann J) and [1994] 1 BCLC 111 (CA) - corporate insolvency
  
  
• Hanover Insurance Brokers v. Schapiro [1994] I.R.L.R. 82 (CA) - employment covenant / non-solicitation of employees
  
  
• J.A Mont v. Mills [1993] I.R.L.R 172 (CA) - employment covenant / guidance on prohibition on the Judge re-writing the covenant
  
  
• Marcel v. Commissioner of Police for the Metropolis [1992] Ch 53 (Ch) - subpoenas
  
  
• Tudor Grange Holdings Ltd v. Citibank [1992] Ch 53 (CA) - banking
  
  
• Dimskal Shipping v. ITWF (" The Evia Luck No.2.") [1992] 2 AC 152 (HL) - conflict of laws - restitution
  
  
• Morgan v. Att. General for Jamaica, Times 5/7/1990 (Privy Council) - extradition

Professional Qualifications

CEDR Accredited Mediator (2000).

Professional Associations

COMBAR, PNBA, London Common Law and Commercial Bar Association.

Other Professional Interests

Languages

French, some German and Italian.