Year of call: 1994
Silk: 2014
E: mhardwick@3vb.com

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Matthew Hardwick QC specialises in commercial litigation. “Incredibly bright” a “great advocate” and “a joy to work with” (Chambers & Partners (2018)), an “absolutely brilliant” silk (Chambers & Partners (2015)), "absolutely first-rate" (Chambers & Partners (2014)), a “superb cross-examiner” with “tremendous energy” (Legal 500 (2014)), whose “work ethic and attention to detail are outstanding” (Chambers & Partners (2017)) and "attention to detail and commitment to preparation are second to none" (Legal 500 (2009)), Matthew's principal areas of practice are international and domestic banking and finance law; commercial fraud (including freezing injunctions, search orders and other interim remedies); insolvency law (including offshore insolvencies); professional negligence (in particular in defending allegations against clients in the financial services sector) and company law (in particular directors duties and minority shareholders disputes). He also has extensive experience of high value international arbitrations (under the LCIA, ICC and Swiss rules).

“Incredibly sharp” “incredibly attentive to detail” and “extraordinarily committed” (Chambers & Partners (2017)) he receives instructions in a “huge variety of cases”. Since 2009 he has been heavily involved in a wide variety of mis-selling claims where he has earned respect for his "excellent court manner and high-quality written work" (Chambers & Partners (2013) & (2014)) and as a “very effective, very energetic advocate” (Chambers & Partners (2015)).

He is ranked as a leading silk in 5 practice areas (Chambers & Partners (2018)):

  • in Banking & Finance where he is admired as “a leading QC for banking disputes” noted for his “great depth of banking knowledge”;
  • at the Insolvency Bar where he is identified as  “rising star”;
  • in Commercial Dispute Resolution where he has a “burgeoning reputation”;
  • in Professional Negligence where he is noted for “frequently defend[ing] allegations against clients in the financial services sector”; and
  • in Offshore where is a certified Queen’s Counsel under the BVI Legal Profession Act 2015 (2016), regularly appears in high profile company and insolvency related litigation and is noted as “a go-to for offshore insolvencies”.

First and foremost an advocate acknowledged for his excellence in court and cross-examination, he is also a qualified mediator and experienced mediation advocate, he is widely praised for “a client manner that inspires confidence” and being “extremely responsive” (Chambers and Partners (2018)) and he is acutely conscious of the imperative for swift and cost effective dispute resolution.


a leading silk in professional negligence: “enthusiastic and pragmatic”

Legal 500 UK 2014

‘Thorough and experienced in the financial services arena.’

Legal 500 UK 2015

Matthew has a busy and varied international commercial practice. He is identified as a leading silk in commercial litigation “very popular” and with “a great court manner” (Chambers & Partners (2018)) “a burgeoning reputation” (Chambers & Partners (2016)) “particular expertise in financial sector disputes” “very easy to work with” “very good with clients” and “very responsive” (Chambers & Partners (2015) & (2018)). “Incredibly sharp” as well as “Quick-thinking, personable and commercially astute” (Chambers & Partners (2017)) he provides “clear unequivocal advice” (Legal 500 (2015)) "will go the extra mile to exceed expectations" and "elicits praise for his excellent depth of banking knowledge" (Chambers & Partners (2012)). Variously described as “incredibly attentive to detail and extraordinarily committed” (Chambers & Partners (2017)), “very client friendly” a "creative thinker" and "highly pragmatic", he "works really hard for the client, will roll his sleeves up and make the best of a tricky situation" (Chambers & Partners) (2013) & (2014)).

Matthew's recent cases include:

Delco Participation BV v Green Elite Limited [2017] BVIHC (Com) 2017/0035 (Wallbank J.). Matthew acts for the Dutch shareholder Delco, following a $150m share sale of the BVI company’s assets, in a long-running international shareholders dispute. Instructed by Clifford Chance LLP.

Manta Port Authority v Terminales Internacionales De Ecuador SA (En liquidacion); Hutchinson Port Investments Limited Hutchinson Port Holdings Limited  [2017] BVIHC(COM) 191 of 2016 (30 October 2017) (Adderley J.). Matthew acts for Hutchison, the world’s leading port operator, in litigation arising out of a contract to construct a port in Manta, Ecuador. Instructed by White & Case LLP.

Global Pellets Trading Gmbh v E.ON UK Plc & Uniper Benelux N.V. & Others [2017] (Phillips J). Matthew acted for Uniper Benelux in this multi-million pound claim arising out of a shipment of biomass wood pellets. Instructed by Allen & Overy LLP.

Anjie Investments Limited & Tian Li Holdings Limited v Cheng Nga Yee and Cheng Nga Ming Vincent BVIHCMAP2016/003 [2017] (Eastern Caribbean Court of Appeal). Matthew acted for the appellant in its successful appeal of the decision of Farrara J. In a rare example of an appellate court interfering with the decision of the first instance judge in a forum non conveniens stay application, the Eastern Caribbean Court Appeal allowed the appeal and granted a stay of the claim on the grounds that Hong Kong was the most appropriate forum for trial.  Instructed by Conyers, Dill & Pearman.

Global Energy Horizons Corporation v Gray [2017] (Asplin J.). Matthew acted for the Defendant in this breach of fiduciary duty claim arising out of the acquisition and exploitation of ultrasound technology in late life oil wells. Instructed by Enyo LLP.

George Scarr Hall Investments Ltd v ISS UK Ltd [2017]. Matthew acted for GSH, the leading technical and facilities management company, in this complex breach of warranty claim arising out of the c£50m sale of its UK, Irish and European operations. Instructed by Squire Patton Boggs LLP.

Aircraft Purchase Fleet Limited v Compagnia Aerea Italiana S.P.A [2016] (Teare J) (20 May 2016). This is a £260m claim arising out of an aircraft purchase agreement. Matthew represented Airbus (a non-party) in the context of the defendant’s application for specific inspection of confidential Airbus documents and succeeded in persuading the court that: (1) redactions to the documents were justified on grounds of confidentiality and irrelevance; and further (2) the threshold for the imposition of a confidentiality club was satisfied. Instructed by Allen & Overy LLP.

(1) Rustam Yusufovich Gilfanov and (2) Sergey Aleksandrovich Tokarev v (1) Maxim Valeriovich Polyakov (2) Valeriy Oleksandrovich Polyakov and (3) Phoenix Holdings Limited BVIHCMAP 2016/0009 [2017] (Eastern Caribbean Court of Appeal). Matthew successfully appealed the decision of the first instance judge (Bannister J.) to discharge a $12m worldwide freezing injunction. Instructed by Maples & Calder. 

PT Ventures SGPS SA v Tokeyna Management Limited [2016] BVIHC (Bannister J.). Matthew was instructed to act for the claimant Portuguese telecoms company to obtain a freezing injunction in the British Virgin Islands against the BVI incorporated service company Tokeyna. Bannister J.’s 4 March 2016 judgment revisits the BVI’s Black Swan jurisdiction to grant freezing injunctions in aid of foreign proceedings. Instructed by White & Case LLP.

Kathryn Ma Wai Fong v Wong Kie Yik, Wong Kie Chie and Successful Trend Investments Corporation BVIHC (COM) 52 of 2015 [2016] (Wallbank J.). Matthew acted for the Defendants in this application in the BVI Commercial Court for a case management stay in this high value fraud trial pending the adjudication of parallel proceedings in Malaysia. Instructed by Maples & Calder.

Raffeisen Bank International Limited v Asia Coal Energy Ventures Ltd [2016] (BVIHC (COM) 2015/0092 (Leon J.). Matthew acted for ACE in the British Virgin Islands and the UK arising out of ACE’s £128m acquisition of one of the largest thermal coal producers in Indonesia and its parallel purchase of a series of secured loans. Matthew successfully resisted the bank’s application to appoint liquidators in the BVI. Instructed by Conyers, Dill & Pearman.

Standard Chartered Bank (Hong Kong) Limited & another v (1) Independent Power Tanzania Limited (2) VIP Engineering and Marketing Limited; and (3) Pan African Power Solutions (T) Limited [2015] EWHC 1697 (Comm) (Flaux J.) [2016] EWCA 411 (Longmore, Black & Hamblen LLJ). Matthew acted for the Tanzanian defendants in this high profile $140m dispute arising out of the financing of a power plant in Dar es Salaam and over 10 years of related litigation in Tanzania and giving rise to a four day Commercial Court jurisdiction hearing in April 2015 and a 2 day Court of Appeal hearing in April 2016.

RDK International LLC v (1) Huckshot Limited; (2) Duncan House Property Limited; and (3) Mr Akbar Asif [2015]. Matthew acted for the Defendants in this complex fraud / commission claim. He successfully obtained security for costs against Dubai registered RDK over the course of three hearings between June and September 2014. The trial settled on the second day of a 15 day trial.

Bieber and others v Teathers Ltd. [2014] EWHC 238 (Ch) (Norris J.) [2012] EWHC 190 (Norris J) [2012] EWCA Civ 1466 (Patten, Sullivan and Arden LLJ). Matthew acted for the stockbroking firm in a complex and high value series of claims(c.£20million) brought by c.220 individuals arising out of a series of tax efficient investments schemes in British Television and film productions. The firm was successful on all points at: (1) the trial of a preliminary issue before Norris J (as to the existence of a Quistclose type trust); and (2) an appeal to the Court of Appeal. Instructed by Norton Rose Fulbright LLP. Lead by Andrew Onslow QC.

The Rangers Football Club Plc (in Administration) v Collyer Bristow LLP [2014] (Newey J.). [2012] EWHC 1427 (Arnold J). Matthew acted for Collyer Bristow in this complex and high profile £100m+ breach of undertaking and unlawful means conspiracy claim arising out of the financial collapse of the football club. Instructed by Clyde & Co LLP.

Vigeland v Ennismore Fund Management Ltd [2012] EWHC 3099 (Asplin J). Over the course of this seven day Chancery Division trial in October 2012, Matthew successfully defended a c£3m bonus claim (in respect of a series of bonuses paid into an employee benefit trust) against an investment management firm. Instructed by Simmons & Simmons LLP.

Goldspan Ltd v Patel [2012] EWHC 1447 (Arnold J). Matthew successfully defended the Defendant in this 5 day £1.3m dishonest assistance claim brought by the liquidator arising out of a fraud in 1999.

Acting for South African intermediary [2013] in a £2.3m claim for remuneration arising out of services rendered in relation to a gas condensate supply agreement in Mozambique. Successfully settled just before LCIA arbitration hearing in Geneva in January 2013. Instructed by Goodman Derrick LLP.

Acting for an Egyptian based investment company [2012] in defending US$12m arbitration proceedings arising out of alleged breaches of a joint venture agreement to acquire interests in oil and gas blocks in West and East Africa.  Instructed by Stephenson Harwood LLP.

Acting for leading online travel and leisure retailer [2012]. Dispute arising out of a joint venture for the sale of theatre tickets. Settled in late 2012.  Instructed by Reynolds Porter Chamberlain LLP.

Acting for a US based multinational pharmaceuticals company [2012] in a Commercial Court claim for breach of a licensing agreement and very substantial loss of profits. Settled in April 2012. Instructed by Goodman Derrick LLP.

Killen v Horseworld Limited, Horseworld (UK) Limited, Vintcent & Worrall [2011] EWHC 1600 (QB) (Cox J.). Acting for claimant in quantum meruit claim arising out of consultancy services provided to equestrian start up business. Successfully resisted appeal against Master's dismissal of strike out application.

Acre 1127 Ltd (in liquidation) v De Montfort Fine Art Limited [2011] EWCA Civ 87. Successfully represented a leading publisher of commercial contemporary art work in a substantial breach of contract and loss of profits claim against an industry rival. Won at first instance and Court of Appeal. Instructed by George Green LLP. Lead by Jonathan Nash QC.

Acting for world leader in supply of roller and ball bearings in a supply dispute. Successfully resisted claim for mandatory injunction re alleged breach of long term supply agreement. Successfully mediated. Instructed by Slaughter & May LLP.

Acting for international insurance broker in US$100m negligence claim dispute. Instructed by Simmons & Simmons LLP. Lead by Christopher Symons QC.

Acting for the owner of a classified advertising business [2012] operating through the publication of a number of well-known London titles. Dispute arising out of warranty breaches on sale of the business. Settled in March 2012. Instructed by Reynolds Porter Chamberlain LLP.

Acting for defendant financial advisors in a high value multi party litigation brought by 45 claimants against a major bank arising out of a fraudulent and unlawful pension liberation scheme (case managed by Warren J). Instructed by DAC Beachcroft LLP.

Acting for a leading Ugandan coffee trader in 3 parallel sets of tripartite international arbitral proceedings (under the LCIA, ICC and Swiss Rules respectively) arising out an alleged US$40m fraud in relation to coffee beans in Kampala, Uganda. Instructed by Goodman Derrick LLP.

Acting for Formula One Racing Team arising out of US$100m share purchase agreement. Instructed by Dentons LLP.

Variously described as “just incredibly bright” a “great advocate” and “a joy to work with” in Chambers & Partners (2018), “incredibly sharp” and “extraordinarily committed” in Chambers & Partners (2017), “absolutely amazing” in Chambers & Partners (2016), an “absolutely brilliant new silk” in Chambers & Partners (2015) and “absolutely first-rate” in Chambers & Partners (2014), Matthew is well established as a leading silk in banking and finance law.  He is “very effective as an advocate” and “very forceful” (Chambers & Partners ((2015)), has “tremendous energy” and “an excellent grasp of detail” as well as being “very good on his feet” and “a superb cross-examiner” (Legal 500 (2014)). He is "highly prized" for his banking and finance law expertise and the directories note that he is "technically adept" with "a client manner that inspires confidence" (Chambers & Partners (2010)) and is "admired for his great depth of banking knowledge" (Chambers & Partners (2012)). He has “extensive experience” of banking litigation (Chambers & Partners (2017)) including trade finance, corporate and personal lending, swaps, derivatives, securities, investment advice, cheques and bills of exchange and guarantees. He acts for "an impressive array of lender clients" (banks, building societies and other lenders), as well as insurance intermediaries, borrowers and guarantors. He continues to be heavily involved in mis-selling claims where he has earned respect for his "excellent court manner and high-quality written work" (Chambers & Partners (2013)).

Matthew's recent cases include:

Barclays Bank, Credit Suisse, Midtown Acquisitions and Special Situations v Essar Global Fund Limited [2017]. Matthew acts for the banks in relation to the enforcement of a New York judgment in the sum of US$171m in the BVI. Instructed by Maples & Calder.

Financial Services Compensation Scheme (“FSCS”) v Various Lenders [2017]. Matthew acts for various lenders in the FSCS claim (in the aftermath of the PPI mis-selling scandal and the Supreme Court decision of Plevin v Paragon Personal Finance Ltd) to be assignee of the rights of thousands of compensated borrowers. Instructed by Hogan Lovells International LLP and Eversheds Sutherland (International) LLP.

Plahi Property Dealers 34 Limited & Davinder Mann and Gurdip Singh Mann & Others v Svenska Handelsbanken AB. Matthew acts for the bank in this high value Swaps mis-selling claim listed for trial in March 2018. Instructed by Simmons & Simmons LLP.

Raffeisen Bank International Limited v Asia Coal Energy Ventures Ltd (“ACE”) [2016] (BVIHC (COM) 2015/0092 (Leon J.). Matthew acted for ACE in litigation in the British Virgin Islands and the UK arising out of ACE’s £128m acquisition of one of the largest thermal coal producers in Indonesia and its parallel purchase of a series of secured loans. Matthew successfully resisted the bank’s application to appoint liquidators in the BVI before Leon J. Instructed by Conyers, Dill & Pearman.

(1) Rustam Yusufovich Gilfanov and (2) Sergey Aleksandrovich Tokarev v (1) Maxim Valeriovich Polyakov (2) Valeriy Oleksandrovich Polyakov and (3) Phoenix Holdings Limited BVIHCMAP 2016/0009 [2017] (Eastern Caribbean Court of Appeal). Matthew successfully appealed the decision of the first instance judge (Bannister J.) to discharge a $12m worldwide freezing injunction – principally on the bases that the judge had been wrong to find (1) that there was no general risk of dissipation; and (2) no loss. Instructed by Maples & Calder. 

Paterson v Svenska Handelsbanken [2016]. Matthew acted for the bank in defending this £4.5m swaps mis-selling claim which settled shortly before the June 2016 trial. Instructed by Simmons & Simmons LLP. 

Wani LLP v (1) The Royal Bank of Scotland Plc; and (2) National Westminster Bank Plc [2015] EWHC 1181 (Ch) (Henderson J.). Matthew was instructed (shortly before trial) to act for the Claimants in this £2m swaps mis-selling claim and to introduce (by late amendment) a breach of the Crestsign explanation duty. The judgment contains an up to date distillation of the principles on late amendments and commentary on the Crestsign jurisprudence. Instructed by Cooke, Young & Keidan LLP.

Standard Chartered Bank (Hong Kong) Limited & another v (1) Independent Power Tanzania Limited (2) VIP Engineering and Marketing Limited; and (3) Pan African Power Solutions (T) Limited [2015] EWHC 1697 (Comm) (Flaux J.) [2016] EWCA 411 (Longmore, Black & Hamblen LLJ). Matthew acted for the First and Third Defendants in this high profile 4 day Commercial Court jurisdiction dispute arising out of the bank's $140m claim and subsequent 2 day Court of Appeal hearing in April 2016. He successfully argued that a non-exclusive UK jurisdiction clause combined with a forum non conveniens waiver clause did not preclude altogether the discretion of the court to grant a stay.

Acting as expert on English banking law on behalf of the Republic of Argentina in a number of multi-million dollar claims brought by bondholders (institutional and individual) in the United States District Court (New York). Instructed by Cleary Gottlieb Steen & Hamilton LLP.

Lloyds Bank Plc v Wordsworth [2015]. Matthew acted for the Defendant in defending the Bank's £4m claim alleging 216 separate breaches of a Deed of Subordination. The claim raised novel points of construction in relation to this little litigated banking instrument. Settled in mediation in March 2015.

Acting for a leading wealth management company [2015] in relation to a series of issued and threatened claims arising out of the alleged mis-selling of aggressive investment schemes. Important issues arising as to the scope and proper interpretation of s39(3) of FSMA 2000 and SUP 12.6.6 of the FCA Handbook. Instructed by DAC Beachcroft LLP.

Acting for major lenders and brokers [2012-2014] in defending the very many Payment Protection Insurance (“PPI”) claims issued in courts throughout the UK. Instructed variously by Shoosmiths LLP, Mills & Reeve LLP, Eversheds LLP and DLA Piper UK LLP. Successful trials include:

  • Ward v Paragon Personal Finance Limited & Central Capital Limited, 13-14 May 2013, HHJ Sullivan QC
  • Maxwell v Paragon Personal Finance Limited & Central Capital Limited, 23-24 May 2013, Recorder Alldis
  • Goodman & Anor v Central Capital Limited [2012] EWHC B8 (Mercantile), HHJ Simon Brown QC
  • Saville v Central Capital Limited, 3-4 December 2012, Judge Harrison
  • Hanson v CT Capital Limited, 29-30 November 2012, HHJ Wood QC
  • Ginn v Central Capital Limited, 5-6 March 2012, Recorder Davies
  • McAuley v Central Capital Limited, 11 February and 17 September 2011, HHJ Halbert
  • Flanagan v Nemo Personal Finance Limited & Central Capital Limited, 3-5 August 2011, Stewart J.
  • Langley v Paragon Personal Finance Limited & Central Capital Limited, 7-8 November 2011, HHJ Gregory QC

Saville v Central Capital Limited [2014] EWCA Civ 337 (Court of Appeal: Floyd, Christopher Clarke LJJ, Sir Stanley Burnton). Acting for the insurance intermediary. This was the first pure Insurance Conduct of Business Rules ("ICOB") claim in the PPI litigation to come before the Court of Appeal. The Judgment contains important guidance as to the proper interpretation of the ICOB suitability rule and related causation issues. Instructed by Mills & Reeve LLP.

Figurasin v Central Capital Limited [2014] EWCA Civ 504 (Court of Appeal: Laws, Patten and Vos LLJ). The proper interpretation of the Insurance Conduct of Business "clear, fair and not misleading" rule. Instructed by Mills & Reeve LLP.

Vigeland v Ennismore Fund Management Ltd [2012] EWHC 3099 (Asplin J). Over the course of this seven day Chancery Division trial in October 2012, Matthew successfully defended a c£3m bonus claim (in respect of a series of bonuses paid into an employee benefit trust) against an investment management firm. Instructed by Simmons & Simmons LLP.

Acting for lenders in a series of mortgage negligence/fraud cases including:

  • Mortgage Express v Cavell Solicitors LLP, July 2011, HHJ Langan QC.
  • Oakwood Homeloans Ltd v Cavell Solicitors LLP, September 2011, Patrick Walker (sitting as a deputy judge of the High Court).

Acting for leading international loan servicer in relation to a EUR 100m+ term loan. Instructed by Berwin Leighton Paisner LLP.

Acting for lender in a Euro 28m claim arising out of EUR 50,000,000 Secured Investment Line Agreement and which included a number of Luxembourg law issues. Successful before Bannister J in the Commercial Court of the British Virgin Islands. Instructed by Messrs Forsters and Walkers (in the BVI).

Acted for bank in defending £6m wrongful dismissal claim by former employee. Instructed by Reynolds Porter Chamberlain LLP.

Acting as expert on English banking and financial services law (for the Versailles Court of First Instance) in a claim by a victim of a Nigerian fraud against the banks. Instructed by Dentons LLP.

Acting for bank in interpleader application relating to an alleged £25m Rembrandt self-portrait. Instructed by Addleshaw Goddard LLP. 

Matthew is a leading insolvency silk and “rising star at the Insolvency Bar” (Chambers & Partners (2015) & (2016) and Legal 500 (2015)) – and now identified as “go-to for offshore insolvencies” (Chambers & Partners (2018)). “Roundly praised by market commentators as focused, incredibly attentive to detail and extraordinarily committed” (Chambers & Partners (2017)), he is “just incredibly bright” (Chambers & Partners (2018)) “extremely clever, charming and a good, tough advocate” (Chambers & Partners (2015)) but also “very personable, friendly and approachable” and “great at providing off-the-cuff insolvency advice” (Chambers & Partners (2016)). His "attention to detail and commitment to preparation are second to none" (The Legal 500 (2009)). He is "courageous, articulate, bright and a clear thinker" (Legal 500 (2013)) and he is able to “convey complex issues in simple terms” (Legal 500 (2015)). He has wide ranging experience of company and insolvency law matters and applications under the Companies Act 2006 and the Insolvency Act 1986. From 2012 to 2014 he was involved in the high profile proceedings arising out of the administration and liquidation of Rangers Football Club. He also regularly appears in high value insolvency related matters in the Commercial Court and Court of Appeal in the British Virgin Islands (where he was called to the Bar in 2009), mostly recently in the Asia Coal and Pacific Andes Group restructuring and litigation. He is instructed to advise and act on behalf of liquidators, provisional liquidators, administrators, administrative receivers, LPA receivers, trustees in bankruptcy, creditors, company directors, shareholders and bankrupts. He has particular expertise in relation to minority shareholder disputes.

Matthew's recent cases include:

Delco Participation BV v Green Elite Limited [2017] BVIHC (Com) 2017/0035 (Wallbank J.). Matthew continues to act for Delco in an application to appoint liquidators in the BVI on the just and equitable ground (s162 of the BVI Insolvency Act). Instructed by Clifford Chance LLP and Maples and Calder.

Manta Port Authority v Terminales Internacionales De Ecuador SA (En liquidacion); Hutchinson Port Investments Limited [2017] BVIHC(COM) 191 of 2016 (30 October 2017) (Adderley J.). Matthew continues to act for Hutchison, the world’s leading port operator, in litigation arising out of a contract to construct a port in Manta, Ecuador. Instructed by White & Case LLP and Walkers.

Anjie Investments Limited & Tian Li Holdings Limited v Cheng Nga Yee and Cheng Nga Ming Vincent BVIHCMAP2016/003 [2017] (Eastern Caribbean Court of Appeal). Matthew acted for the appellant in its successful appeal of the decision of Farrara J. In a rare example of an appellate court interfering with the decision of the first instance judge in a forum non conveniens stay application, the Eastern Caribbean Court Appeal allowed the appeal and granted a stay of the claim on the grounds that Hong Kong was the most appropriate forum for trial.  Instructed by Conyers, Dill & Pearman.

Parkmond Group Limited (in Liquidation) v Richtown Development Limited [2017] BVIHC (COM) 44 of 2017 (Kaye J.) (2 June 2017). Matthew acted for Richtown in this further chapter in the complex international insolvency litigation that arose out of the financial difficulties of the global Pacific Andes Group. Instructed by Forbes Hare.

Lau Wing Yan v Ocean Sino Limited & Chu Kong [2016] BVIHC (Com) (Bannister J.). Matthew acted for Ocean Sino and Chu Kong in resisting this application to appoint liquidators in the British Virgin Islands (ss162 and 159 of the BVI Insolvency Act 2003). Matthew successfully resisted the appointment at a hearing in the BVI on 9 and 10 March 2016. A trial will take place in Spring 2017. Instructed by Conyers, Dill & Pearman.

Bank of America  v Pacific Andes Enterprises (BVI) Limited & Parkmond Group Limited BVIHC (COM) 132&133 of 2016 (Davis-White QC J). Matthew acted for the Pacific Andes Group in these complex insolvency proceedings arising out of the difficulties suffered by the group consequent upon the downturn in its anchovy fishing operations in Peru and consequent worldwide restructuring. Instructed by Lennox Paton.

Raffeisen Bank International Limited v Asia Coal Energy Ventures Ltd [2016] BVIHC (COM) 2015/0092 (Leon J.). Matthew acted for ACE in successfully resisting an application in the Commercial Court in the British Virgin Islands to appoint liquidators (ss162 and 159 of the BVI Insolvency Act 2003). The dispute arises out of ACE’s £128m acquisition of one of the largest thermal coal producers in Indonesia. Instructed by Conyers, Dill & Pearman.

Fortune Bright Global Limited v Central Shipping Co. Limited [2016] BVIHC (COM) 2015/0036 (Leon J.). Matthew acts for Central Shipping in this application to appoint liquidators in the British Virgin Islands (ss162 and 159 of the BVI Insolvency Act 2003). An appeal of Leon J’s first instance decision to appoint liquidators is pending before the Eastern Caribbean Court of Appeal. Instructed by Conyers, Dill & Pearman. 

Administrators of Unity Mine Limited v (1) Webster Machinery Limited (2) Billy Hughes & Co. Limited [2014] (Morgan J. and Asplin J.). Matthew acted on behalf of the Administrators of Unity Mine Limited and over the course of three hearings successfully obtained a proprietary injunction in respect of certain valuable mining equipment (pursuant to CPR 25.1(1)(c)(i)) twinned with a claim for the return of property pursuant to s234 of the Insolvency Act 1986. Instructed by DAC Beachcroft LLP.

The Rangers Football Club Plc (In Liquidation) v Collyer Bristow LLP [2014] (Newey J.) [2012] EWHC 1427 (Arnold J.). Matthew acted for the defendant law firm in proceedings brought by the liquidators pursuant to s234 of the Insolvency Act 1986 arising out of the administration and subsequent liquidation of Rangers Football Club Plc. Instructed by Clyde & Co LLP.

Pacific China Holdings Limited v Grand Pacific Holdings Limited [2013]. Matthew acted for the creditor in an insolvency appeal in the British Virgin Islands in relation to a US$55m arbitration award. The appeal raised an unresolved and important issue as to the jurisdiction of the Commercial Court (BVI) to order a petitioning creditor to pay the liquidator's remuneration in a liquidation set aside on appeal. Matthew acted as sole advocate in the Court of Appeal (BVI) in the British Virgin Islands (May 2011) and St Lucia (December 2011). Settled shortly before final hearing in the Privy Council. Instructed by Walkers LLP.

Goldspan Ltd v Patel [2012] EWHC 1447 (Arnold J). Matthew successfully defended the Defendant in this 5 day £1.3m dishonest assistance claim brought by the liquidator arising out of a fraud in 1999. Instructed by Hugh Cartwright & Amin.

Acting for market leader in international information security software [2012]. Matthew advised on and settled a petition under s994 of the Companies Act 2006 which laid the platform for a £30m share buy-out. Instructed by Enyo Law LLP.

Anglo Irish Bank Corporation Limited v James Patrick Flannery, (Chief Registrar Baister; Newey J) [2012]. Acting for the bank in high value bankruptcy proceedings (c£6m) against debtor resident in Andorra. Hearings in August 2011 and January 2012 before Chief Registrar Baister in relation to jurisdiction issue under section 265(1)(c)(ii) of the Insolvency Act 1986. Appeal before Newey J in November 2012. Instructed by Rosling King LLP.

Pillar Securitisation S.A.R.L. v Ortland Equities Corporation (Bannister J). Acting for creditor in successful application to appoint liquidators in the Commercial Court of the British Virgin Islands.  Instructed by Messrs Forsters and Messrs Walkers (BVI).

Acting for company seeking relief under section 125 of the Companies Act 2006 [2013] for rectification of the register in respect of £4m in value of shares. Lead by Paul Lowenstein QC. Settled in March 2013. Instructed by Martineau LLP.

Matthew is a leading silk in professional, identified as “very thorough and very analytical” with “tremendous energy” and “frequently instructed to defend allegations against clients in the financial services sector” (Chambers & Partners (2018).

Matthew's instructions include:

Acting for a major US based financial services firm [2017] in relation to a series of multi-million pound mis-selling claims arising out of film investment schemes. Instructed by DAC Beachcroft LLP.

Acting for a leading UK energy broker [2017] in relation to a complex claim for breach of a duty arising out a series of electricity and gas contracts. Instructed by DAC Beachcroft LLP.

Acting for a leading wealth management company [2017] in relation to a series of high value claims arising out of the alleged mis-selling of aggressive investment schemes. Important issues arising as to the scope and proper interpretation of s39(3) of FSMA 2000 and SUP 12.6.6 of the FCA Handbook. Instructed by DAC Beachcroft LLP.

Acting for land owner and property developer [2017] in a multi-million pound professional negligence "loss of chance" claim against city solicitors arising out of the failure to issue an application to challenge the District Council's Allocations Development Plan Document within the mandatory six week time limit.

The Rangers Football Club Plc (In Liquidation) v Collyer Bristow LLP [2014] (Newey J.) [2012] EWHC 1427 (Arnold J.). Acted for the defendant city law firm in consolidated Part 7 proceedings. The complex allegations, arising out of the financial collapse of the football club in February 2012, included a £100m conspiracy claim, and breach of undertaking, negligence, and breach of trust claims. Instructed by Clyde & Co LLP.

Bieber and others v Teathers Ltd. [2014] EWHC 238 (Ch) (Norris J.) [2012] EWHC 190 (Norris J) [2012] EWCA Civ 1466 (Patten, Sullivan and Arden LLJ). Matthew acted for the stockbroking firm in a complex and high value series of claims (c.£20million) brought by c.220 individuals arising out of a series of tax efficient investments schemes in British Television and film productions. The firm was successful on all points at: (1) the trial of a preliminary issue before Norris J (as to the existence of a Quistclose type trust); and (2) an appeal to the Court of Appeal. Instructed by Norton Rose Fulbright LLP. Lead by Andrew Onslow QC.

Acting for a number of Independent Financial Advisers in proceedings brought by the Financial Services Compensation Scheme against 520 IFAs. Instructed by DAC Beachcroft LLP.

Acting for a major bank in a claim for negligent advice, breach of contract and breach of the COB rules in relation to investment advice in a number of film financing schemes. Instructed by Stephenson Harwood LLP.

Acting for a city law firm in a defending a professional negligence claim relating to services provided in relation to a £30m takeover. Instructed by DAC Beachcroft LLP.

Acting for defendant financial advisors in a high value multi party litigation brought by 45 claimants against a major bank arising out of a fraudulent and unlawful pension liberation scheme (case managed by Warren J). Instructed by DAC Beachcroft LLP.

Acting for major international insurance broker in $100m coverage dispute. Instructed by Simmons & Simmons LLP. Lead by Christopher Symons QC.

Acting for credit insurance brokers in defending a negligence claim arising out of alleged breaches of the COB rules. Instructed by DAC Beachcroft LLP.

Acting for leading UK agronomist as defendant to a claim arising out of allegedly negligent monitoring of fruit crops. After a four day hearing (which included reports from pre-eminent experts on fruit and apple storage in the UK and the US) each of the allegations of negligence were dismissed. Instructed by DAC Beachcroft LLP.

Acting for defendant in a five day trial of a claim for loss of chance to litigate. Instructed by Reynolds Porter Chamberlain LLP.

Acted for top four accountancy firm in a successful strike-out of a receivers' negligence claim. Instructed by Addleshaw Goddard LLP. 

A “seasoned commercial litigator with extensive experience in the BVI” Matthew is ranked as a leading commercial silk in Offshore work. He was called in the BVI (as a junior) in 2009 and is now certified Queen’s Counsel under the BVI Legal Profession Act 2015 (2016). He regularly appears in high profile fraud, company and insolvency related litigation in the BVI commercial court and Eastern Caribbean Court of Appeal where he is noted as “a go-to for offshore insolvencies” and with “expertise in commercial fraud” (Chambers & Partners (2018)). He is “extremely responsive and works very, very hard” but is also described as “very affable and likeable”.

Instructions include:

Delco Participation BV v Green Elite Limited [2017] BVIHC (Com) 2017/0035 (Wallbank J.). Matthew continues to act for Delco in an application to appoint liquidators in the BVI on the just and equitable ground (s162 of the BVI Insolvency Act). Instructed by Clifford Chance LLP and Maples and Calder.

Manta Port Authority v Terminales Internacionales De Ecuador SA (Eno liquidacion); Hutchinson Port Investments Limited Hutchinson Port Holdings Limited [2017] BVIHC(COM) 191 of 2016 (30 October 2017) (Adderley J.). Matthew continues to act for Hutchison, the world’s leading port operator, in litigation arising out of a contract to construct a port in Manta, Ecuador. Instructed by White & Case LLP and Walkers.

Parkmond Group Limited (in Liquidation) v Richtown Development Limited [2017] BVIHC (COM) 44 of 2017 (Kaye J.) (2 June 2017). Matthew acted for Richtown in this further chapter in the complex international insolvency litigation that arose out of the financial difficulties of the global Pacific Andes Group. Instructed by Forbes Hare.

(1) Rustam Yusufovich Gilfanov and (2) Sergey Aleksandrovich Tokarev v (1) Maxim Valeriovich Polyakov (2) Valeriy Oleksandrovich Polyakov and (3) Phoenix Holdings Limited BVIHCMAP 2016/0009 [2017] (Eastern Caribbean Court of Appeal). Matthew successfully appealed the decision of the first instance judge (Bannister J.) to discharge a $12m worldwide freezing injunction  – principally on the bases that the judge had been wrong to find (1) that there was no general risk of dissipation; and (2) no loss. Instructed by Maples and Calder. 

PT Ventures SGPS SA v Tokeyna Management Limited [2016] BVIHC (Bannister J.). Matthew was instructed to act for the claimant Portuguese telecoms company to obtain a freezing injunction in the British Virgin Islands against the BVI incorporated service company Tokeyna. Bannister J.’s 4 March 2016 judgment revisits the BVI’s Black Swan jurisdiction to grant freezing injunctions in aid of foreign proceedings. Instructed by White & Case LLP and Maples and Calder.

Kathryn Ma Wai Fong v Wong Kie Yik, Wong Kie Chie and Successful Trend Investments Corporation BVIHC (COM) 52 of 2015 [2016] (Wallbank J.). Matthew acted for the Defendants in this application in the BVI Commercial Court for a case management stay in this high value fraud trial pending the adjudication of parallel proceedings in Malaysia. Instructed by Maples and Calder.

Lau Wing Yan v Ocean Sino Limited & Chu Kong [2016] BVIHC (Com) (Bannister J.). Matthew acted for Ocean Sino and Chu Kong in resisting this application to appoint liquidators in the British Virgin Islands (ss162 and 159 of the BVI Insolvency Act 2003). Matthew successfully resisted the appointment at a hearing in the BVI on 9 and 10 March 2016. Instructed by Conyers, Dill & Pearman.

Bank of America v Pacific Andes Enterprises (BVI) Limited & Parkmond Group Limited BVIHC (COM) 132&133 of 2016 (Davis-White QC J). Matthew acted for the Pacific Andes Group in these complex insolvency proceedings arising out of the difficulties suffered by the group consequent upon the downturn in its anchovy fishing operations in Peru and consequent worldwide restructuring. Instructed by Lennox Paton.

Raffeisen Bank International Limited v Asia Coal Energy Ventures Ltd [2016] BVIHC (COM) 2015/0092 (Leon J.). Matthew acted for ACE in successfully resisting an application in the Commercial Court in the British Virgin Islands to appoint liquidators (ss162 and 159 of the BVI Insolvency Act 2003). The dispute arises out of ACE’s £128m acquisition of one of the largest thermal coal producers in Indonesia. Instructed by Conyers, Dill & Pearman.

Fortune Bright Global Limited v Central Shipping Co. Limited [2016] BVIHC (COM) 2015/0036 (Leon J.). Matthew acts for Central Shipping in this application to appoint liquidators in the British Virgin Islands (ss162 and 159 of the BVI Insolvency Act 2003). An appeal of Leon J’s first instance decision to appoint liquidators is pending before the Eastern Caribbean Court of Appeal. Instructed by Conyers, Dill & Pearman. 

Pacific China Holdings Limited v Grand Pacific Holdings Limited [2013]. Matthew acted for the creditor in an insolvency appeal in the British Virgin Islands in relation to a US$55m arbitration award. The appeal raised an unresolved and important issue as to the jurisdiction of the Commercial Court (BVI) to order a petitioning creditor to pay the liquidator's remuneration in a liquidation set aside on appeal. Matthew acted as sole advocate in the Court of Appeal (BVI) in the British Virgin Islands (May 2011) and St Lucia (December 2011). Settled shortly before final hearing in the Privy Council. Instructed by Walkers.

Awards (Cambridge University):

  • Elizabeth Bentwych Law Prize 1991 (Trinity College, Cambridge)
  • Hooper Declamation Prize 1991 (Trinity College, Cambridge)
  • Holland Fund Travelling Scholarship in Law 1991 (Trinity College, Cambridge)
  • Philip Wiener-Maurice Anspach Foundation Scholarship for post graduate study (European Law) at L'Université Libre de Bruxelles 1991 (Cambridge University)

Awards (Gray's Inn):

  • Holker Award 1993 (Gray's Inn)
  • Mooting Prize 1994 (Gray's Inn)

Awards (International):

  • "Grande Distinction" in European Law 1992 (L'Université Libre de Bruxelles)
  • Finalist in European Court Moot 1994

Additional Professional Qualifications:

  • CEDR Accredited Mediator (2000)
  • Called to BVI Bar (2009)
  • Certified Queen’s Counsel on the Roll of Legal Practitioners under the BVI Legal Profession Act 2015 (2016)
  • Accredited advocacy trainer actively involved in training Gray's Inn students and pupils on the Gray's Inn Advocacy Programme (2012-2016)

Seminars recently given on: swaps mis-selling litigation; Libor litigation; film investment mis-selling claims; Payment Protection Insurance ("PPI") litigation; sale of goods; restructuring; directors’ duties; shareholders disputes and fixed and floating charges.

French, German