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Profile: Commercial Disputes
Experience and Expertise
Martin has substantial experience in commercial dispute resolution, and in a wide variety of contexts, from the point of giving initial advice all the way through the ongoing conduct of the matter and up to appearance at trial. He has acted for many different kinds of clients including small businessmen, financial institutions, funds and high net worth individuals. He is very familiar with the challenges of working alongside legal advisers and expert advisors from different jurisdictions.
Martin has dealt with all manner of interim applications such as those for injunctions, security for costs, disclosure, summary judgment or striking out. He is available for instructions on an urgent basis.
Cases and Work of Note
- Acting for the claimant in a Bermuda UNCITRAL international arbitration claim for breach of an executive employment agreement against a forestry company listed on the Hong Kong Stock Exchange, seeking over USD100 million in salary, share options and other benefits.
- Advising the claimant on Bermuda law issues in relation to an ICC international arbitration claim of approximately R$100 million by lenders against a publicly listed holding company of substantial Brazilian operating companies. The claim arose from the default of restructuring arrangements. Advising in particular in relation to interim relief and the enforcement of the award.
- Acting for a consortium of leading European banks in their enforcement of US$74 million in loans outstanding under a facility with a well-known US film production group, secured by intellectual property rights in films and leading to the appointment of joint provisional liquidators in Bermuda and proceedings under Chapters 15 and then Chapter 11 of the US Bankruptcy Code.
- Acting for the plaintiff in Bermuda proceedings seeking damages of USD10 million arising out of breaches of warranties as to the value of a life insurance business under a share sale agreement in the aftermath of the discovery of the Madoff Ponzi Scheme fraud.
- Acting for a Bermuda company engaged in the exploration and development of oil fields in Asia in a claim brought against it by a London based broker arising out of the marketing and sale of one of the company’s subsidiaries.
- Acting for the applicant trustee-in-bankruptcy in English High Court proceedings for urgent injunctive relief to restrain the dissipation of interests in an estimated £52 million, UK wide property portfolio in relation to a major fraud.
- Acting for the claimant in English High Court proceedings for urgent relief restraining breach of non-competition covenants of a share sale agreement relating to a distributor of filtration products.
- Acting for the supplier to major UK retailers in English proceedings for breach of its warehousing agreement with its freight forwarding provider.
- Acting for the defendants in a High Court application to stay English proceedings on the basis of forum non-convenience and involving the question of the practical enforcement of injunctions restraining the harassment of a company and its employees in the US.
Appearing in various interim applications, recent examples of which are:
- Cape Distribution Ltd v Cape Intermediate Holdings plc; Cape Intermediate Holdings plc v Aviva plc 2016 EWHC 1786 (QB) (appeared as a junior in a 3-day hearing in the High Court arising out of substantial insurance related litigation with respect to issues concerning (among other things) the accrual of causes of action under contractual indemnities and amendments and statute-barred claims).
- Kingate Global Fund Limited (In Liquidation) v PricewaterhouseCoopers 2014 Bda LR 100 (application for further and better particulars of allegations of wilful default) Martin was involved in defending PricewaterhouseCoopers Bermuda in a substantial claim before the Bermuda Supreme Court for professional negligence arising out of the Madoff fraud. The proceedings were brought by the liquidators of the Kingate Funds which were feeder funds to Bernard L. Madoff Investment Securities LLC.
- Ribaroff v Williams  Bda LR 12 (stay);
- Buchanan v Lawrence  Bda LR 47 (stay in aid of arbitration)
- Re Kingboard Copper Foil Holdings Limited  Bda LR 5 (strike out of unfair prejudice claim);
- Moyes & Co (UK) Ltd v Northern Gulf Petroleum Holdings Ltd  Bda LR 77 (strike out of claim in damages);
- Annuity & Life Re Limited v Full Apex (Holdings) Ltd  Bda LR 80 (permission for company to play active role in unfair prejudice proceedings)