Jasbir Dhillon’s Full CV

Education

Keble College, Oxford, BA Jurisprudence, 1st Class Honours, 1991
Harvard Law School, LLM, 1992

Scholarships and Prizes

Winter Williams Law Essay Prize, 1990 (University of Oxford)
Prince of Wales Scholarship, 1990 (Gray's Inn)
Council of Legal Education Studentship, 1990 (Gray's Inn)
University of Oxford Blue in Basketball, 1990
Churchill Scholar, 1991 (Gray's Inn)
Administrative Law Prize, 1991 (highest mark in University of Oxford)
Harvard Law School Graduate Scholar, 1991
Lee Essay Prize Winner 1996 (Gray's Inn)
The Times Law Awards Prize Winner, 1996
First Prize, Gray's Inn Senior Moot, 1996 (Judged by Sir Thomas Bingham MR)

Career

Tenant at Brick Court Chambers: September 1997
Junior Counsel to the Crown 2001 - 2010
US Attorney at Cravath, Swaine & Moore, New York: 1992-1995
Admitted New York State Bar: April 1993
Admitted New York Federal Bar: October 1993
Admitted U.S. Supreme Court Bar: January 1998
Called to Gibraltar Bar: September 2004

Experience/Areas of Practice

  • Commercial
  • Banking & Finance
  • Insurance and Reinsurance
  • Arbitration
  • Company & Insolvency
  • European Union
  • Competition
  • Media and Entertainment
  • Public Law
  • Sports

Commercial Law

Banking and Finance

Jasbir has advised and acted for retail banks, investment banks, hedge funds, other financial institutions and the FSA in relation to a wide variety of banking and financial service disputes in the High Court, Court of Appeal and other tribunals. He has experience of litigating finance disputes before US federal and state courts from his time at the New York Bar. Jasbir has experience of a broad range of financial instruments and market practices including equity and debt instruments, taking and realising security, derivatives (including credit default swaps) governed by ISDA documentation, trading strategies, and structured finance products including securitisation, asset backed securities and CDOs.

Jasbir has extensive experience of banking and financial services regulation. He acted for Lloyds TSB in relation to the Bank Charges investigation and litigation brought by the OFT. He acted for another UK retail bank in relation to consumer credit and regulatory issues arising from payment protection policies. He has advised HM Treasury in relation to the Parliamentary Ombudsman's report into the prudential regulation of Equitable Life.

Jasbir is recognised by the independent directories as a leading Junior Barrister in the field of Banking and Finance, and was nominated for Banking & Finance Junior of the Year at the Chambers Bar Awards 2011. He is an assistant editor of Paget's Law of Banking. Jasbir has given a number of lectures on legal issues arising out of the recent financial crisis.

Notable cases include the following:

  • Enasarco v. Lehman Brothers Finance [2011] EWHC 1822 (dispute as to the meaning of Loss in 1992 ISDA Master Agreement within a €780 million note transaction)
  • Perpetual Trustee v. BNY Corporate Trustee and Lehman Brothers [2009] EWHC 1912 (Ch) (claim by investors in US$2 billion Lehman administered Dante note programme as to whether English law noteholder priority clause could be overriden by reason of the insolvency of Lehman Brothers as swap counterparty or an order of the US Bankruptcy Court)
  • Deutsche Bank v. Sebastian Holdings [2010] C.L.C. 300 (jurisdiction challenge in relation to US$700 million foreign exchange derivative dispute involving multiple jurisdiction clauses, including clauses using ISDA master agreement form)
  • Deutsche Bank v. Vik [2010] EWHC 551 (Comm) (Jurisdiction challenge with respect to multi-million dollar restitution / constructive trust claim)
  • Karafarin Bank v. Dara [2010] 1 Lloyd's Rep 236; [2009] 2 Lloyd's Rep 289 (multi-million dollar Commercial Court claim on Iranian cheques; stay of English proceedings sought on the ground that there were concurrent proceedings in Iran)
  • Shinhan v. Citibank & JP Morgan [2009] Ch.D (US$300 million dispute concerning securitised loan notes, threatened acceleration of loan notes and duties of security trustee)
  • Citibank N.A. v MBIA & QVT Financial LP [2008] 1 BCLC 376 (challenge by hedge fund to trustee arising out of Eurotunnel debt restructuring; first case concerning a securitisation and negative pledge to reach Court of Appeal)
  • Goshawk Ltd v. Bank of Scotland [2006] 2 All ER 610 (£150 million claim brought by a bank raising novel issues under the Consumer Credit Act)
  • Allenby Finance v. Dallah Albaraka (Ireland) Ltd, December 2005, Comm Ct. (multi-million dollar claim by investment vehicle of Lakshmi Mittal (see The Telegraph, 27 November 2005 "Britain's richest man sues former partner for damages"))
  • Financial Services Authority v. Jason Smith, 13 December 2004, FSA Regulatory Decisions Committee (first case of abusive dissemination of information under the FSMA Market Abuse regime)
  • Dallah Albaraka Investment Co. Ltd. v. Metal Distributors (UK) Ltd. 25 July 2004, Comm. Ct., (claim under Islamic finance facility and guarantee)
  • Financial Services Authority v. ABN Amro, The Times, 23 April, 2003, FSA Regulatory Decisions Committee, (disciplinary proceedings concerning market manipulation and compliance failures resulting in one of largest ever fines)
  • Zeeland Navigation v. Banque Worms [2002] EWHC 1307, Comm. Ct., (claim against bank raising issues concerning the scope of the duties of a mortgagee on the sale of secured asset)
  • Brock Equities v. John Phillips & Co, January 2002, Comm. Ct, (acted for New York investment bank in relation to claim raising banking/fraud/vicarious liability/private international law issues)
  • Secretary of State for Trade and Industry v. Baker (No.5) [1999] 1 BCLC 433, Ch.D. (directors' disqualification proceedings arising out of demise of Barings)

Commercial Litigation

Jasbir has experience of complex commercial disputes involving contractual issues, fraud, economic torts, private international law, public international law (including state immunity), obtaining interim relief, including freezing injunctions, pre-action and non-party disclosure and Norwich Pharmacal relief, and obtaining post-judgment relief.

Notable cases include the following:

  • Global 5000 Ltd v. Wadhawan [2011] EWHC 853 (Comm) (Jurisdiction challenge with respect to multi-million dollar claim for damages under aircraft sale contract)
  • Leofelis v Lonsdale [2008] EWCA Civ 640, Times July 23, 2008, Court of Appeal (contract/termination of trademark licence/trademark law)
  • Caterpillar v Phoenix Venture Holdings Ltd. [2008] Comm. Ct. (multi million pound contract claim against Phoenix Group arising out of administration of MG Rover)
  • Olaffson v Gissurarson (No.1) [2007] 2 All ER 88, (No.2) [2008] 1 WLR 2016, Court of Appeal (public international law/private international law/civil procedure)
  • Cinar Corp v Panju [2007] 1 All ER (Comm) 373, QB (worldwide freezing order in aid of multi-million dollar Canadian fraud claim; court's power to order disclosure of documents in absence of proprietary claim)
  • Philips v. Avena, The Times, 11 November 2005 Ch.D, (pre-emptive declaration of recognition of a foreign judgment pending appeal)
  • MTN Corp. v. Celtel Ltd. April 2005, Comm Ct, (multi-million dollar claim by telecoms company concerning aborted company take-over and pre-action disclosure)
  • Mercator Trustees Ltd. v. Upstream Downstream Simulation Services Inc [2004] E.W.H.C. 211 & [2004] E.W.H.C. 1888, Ch.D. (stay application in favour of Florida proceedings/non-exclusive English jurisdiction clause; summary judgment on fraud allegations/anti-suit injunction)
  • Hewlett Packard Ltd. v. Severn Trent Systems Ltd. [2002] E.W.C.A. Civ. 1778, Court of Appeal, (acted for international computer company in claim under IT contract)
  • Trico Marine Service Inc. v. International Trade Federation, June 2002, Comm. Ct., (acted for ITF in relation to claim for worldwide injunctive relief raising economic torts, private international law, and human rights issues)
  • Habton Farms v. Nimmo, The Telegraph, 14 February 2002, Q.B., (contract/agency/ostensible authority/sale of racehorse)
  • Kazakhstan Investment Fund v, Aims Asset Management [2002] L.T.L, 23rd May 2002, Ch.D. (security for costs: noted in C.P.R. Part 25.13.6)
  • Kalsep Ltd. v. X-Flow B.V., The Times, 3rd May 2001, Ch.D., Patent Court, (patent/contract/mistake/unconscionability: noted in [2002] C.L.J. 272)

Insurance & Reinsurance

Jasbir has extensive experience of insurance and reinsurance disputes.

Notable cases include the following:

  • AIG Europe (UK) Ltd v CNA Reinsurance Ltd, 2007, Comm Ct (acted for reinsurers in trial of claim by insurers under reinsurance in respect of Ladbroke Grove rail crash; issues concerned scope of claims co-operation clause and follow the settlement clause)
  • Goshawk Ltd v. Bank of Scotland [2006] 2 All ER 610 (acted for insurers defending a £150 million claim arising under legal expenses insurance policies issued under the TAG claims management scheme)
  • Grange v. Ace, December 2003, Comm. Ct. (acted for reinsurers defending a claim under a racehorse stud policy for the Coolmore Stud in Ireland)
  • BP plc. v. GE Francona [2003] 1 Lloyd's Rep. 537, Comm Ct. (acted for insurers at trial concerning interpretation of construction all risks open cover facility)

Professional Negligence

Jasbir has been instructed to act in a wide variety of professional negligence disputes including claims against barristers, solicitors, accountants/auditors, tax advisers, bankers and financial professionals. Recently Jasbir has acted for Deloittes in defending a number of high value negligence claims. He has had a number of recent instructions in relation to disputes with respect to tax advice. He has lectured extensively on the limitation of auditors' liability under the Companies Act 2006.

Recent cases include:

  • Aaxico v Badiani [2007] Q.B. (defence of accountancy firm against multi-million dollar claim for fraud and negligence)
  • Heritable Trust v Deloittes [2008] Ch.D (defence of Deloittes against multi-million dollar negligence claim arising out of tax advice on company share purchase)
  • Collins v Deloittes [2008] Q.B. (defence of Deloittes against substantial negligence claim arising out of tax advice on sale of business)

Arbitration

Jasbir regularly advises and appears for clients in international arbitrations and on applications to the Commercial Court arising out of arbitrations. Most recently Jasbir acted for the claimant  on an application under section 72 of the Arbitration Act 1996: Secretary of State for Transport v. Stagecoach South Western Trains Limited [2009] EWHC 2431 (Comm).  Jasbir has experience of arbitrations under ICC, LCIA, AAA, the Court for Arbitration for Sport and other rules.

Company and Insolvency

Jasbir has experience of a wide variety of company and corporate insolvency disputes.

Recent matters include:

(1) advising on security issues arising in company administration proceedings; (2) advising creditors in relation to the Eurotunnel debt restructuring, including issues under the EU Insolvency Regulation; (3) acting for the DTI to wind-up companies on public interest grounds and appoint provisional liquidators (4) obtaining injunctions restraining the presentation of winding-up petitions (5) advising and acting for creditors in relation to proceedings seeking to set-aside fraudulent transactions under section 423 of the Insolvency Act and to set-aside fraudulent Individual Voluntary Arrangements.

Notable cases include:

  • In re Club La Bourse [2008] EWHC 1866, Ch.D. (petition for winding up in the public interest of international holiday club scheme/consumer credit)
  • Projector S.A. v Brocklesby [2008] Ch.D. (injunction to restrain winding up petition and setting aside statutory demand arising out of substantial international company takeover)
  • In re Anderson Clarke Publications Ltd, February 2005 (acted for the DTI in appointing a provisional liquidator and obtaining a public interest winding up order in respect of an unlawful cold-calling business reported in Daily Mirror, 7 April 2005: "£1.5m con shelved at last")
  • Popely v. Popely [2004] BPIR 778, Court of Appeal, and The Times, 15 September 2003, Ch.D., (Insolvency/setting aside statutory demand based on counterclaim in same proceedings/failure to give reasons)
  • Alipour v. Ary [2003] EWHC 530, Companies Court (Insolvency/Company/Unfair Prejudice: trial of petition to wind up BVI company)

  • Secretary of State for Trade and Industry v. Baker (No.5) [1999] 1 BCLC 433, Ch.D. (directors' disqualification proceedings arising out of demise of Barings)

European Union & Competition Law

Jasbir frequently advises and appears for clients in matters involving European Union law, including domestic and European competition law, private international law and Commercial Agency law. Jasbir has been instructed in many of the leading English cases concerning the Commercial Agents Regulations. Jasbir has experience of litigating competition disputes as a US attorney in antitrust litigation concerning the US tobacco and airlines markets. Jasbir has advised and acted for clients in relation to the Courage v Crehan beer tie litigation.

Notable cases include the following:

  • Crane v Sky In Home Service Ltd [2007] 1 CLC 389, Ch.D, [2008] EWCA Civ, 66, Court of Appeal (acted for Sky on a trial and appeal in relation to commercial agents' claim concerning installers of Sky set top boxes)
  • Hollywood Studios v. Cable TV Co., April 2004, Arbitration (multi-million dollar international arbitration concerning competition claim under Article 81 against Hollywood film studios concerning the European Pay-TV and Premier films market)
  • Cooper v. Pure Fishing [2004] 2 Lloyd's Rep. 518, Court of Appeal (Commercial Agents Regulations)
  • Light v. Ty Europe Ltd. [2004] 1 Lloyd's Rep. 693, Court of Appeal (Commercial Agents Regulations/agency)
  • Tigana Ltd. v. Decoro Ltd. [2003] Eu.L.R. 189, Q.B. (assessment of commission and compensation under Commercial Agents Regulations)

Public Law

Jasbir regularly advises and acts for commercial clients, the Government and other public authorities in relation to judicial review and human rights issues. Jasbir is currently acting for the Electoral Commission in the first ever claim for forfeiture of an impermissible donation to a political party.

Notable cases include the following:

  • JS v. Secretary of State for the Home Department Supreme Court (judicial review/asylum/war crimes/crimes against humanity)
  • Electoral Commission v UKIP [2011] A.C. 496, Supreme Court (scope of statutory discretion to forfeit political donations under Political Parties, Elections and Referendums Act)
  • Davison v. Secretary of State for Justice [2008] EWCA Civ 676, Court of Appeal (judicial review of charging regime for telephone calls made by prisoners on grounds of infringement of articles 8 and 14 of the ECHR) 
  • Crane v Sky In-Home Service Ltd [2007] 1 CLC 389, Ch.D and [2008] EWCA Civ 66, Court of Appeal (acted for Sky in defending claim that the Commercial Agents Regulations were ultra vires the European Communities Act 1972)
  • AM (Iran) v Secretary of State for the Home Department [2006] EWCA Civ 813 Court of Appeal (acted for Home Secretary on appeal from Immigration Appeal Tribunal raising issues as to admissibility of fresh evidence)
  • Flaherty v. National Geryhound Racing Club, The Times, 5 October 2005, Court of Appeal (procedural fairness and apparent bias issues concerning sports disciplinary proceedings in relation to drug doping)
  • Emtel (Mauritius) Ltd. v. The Ministry of Telecommunication, 2nd October 2000, Privy Council (judicial review of Mauritian telecommunications regulator raising competition law issues)
  • Secretary of State for Trade and Industry v. Baker (No.2), [1999] 1 WLR 1985, Ch.D., Court of Appeal, (human rights/stay of proceedings on basis they infringed principle against double jeopardy)

Media and Entertainment

Sports Law

Jasbir has experience of sports disciplinary proceedings concerning drugs. Jasbir has advised a foreign sports tribunal in relation to a dispute concerning the selection of a national team to enter the 2004 Olympics. He has also advised sports bodies on re-drafting their disciplinary rules.

Notable cases include:

  • Russian Badminton Federation v World Badminton Federation, 30th January 2007 Court of Arbitration for Sport (acted for World Badminton Federation in defending challenge by former Russian member of federation)
  • Flaherty v. National Greyhound Racing Club, The Times, 5 October 2005, C.A. (acted for sports regulator on appeal concerning claim that decision that a trainer administered a prohibited drug to a greyhound was tainted by apparent bias)
  • Acted for football betting trader defending multi-million pound Chancery Division proceedings for breach of confidence
  • Glolite Ltd. v. Jasper Conran and Jasper Conran Ltd., The Times, 28th January 1998, Ch.D, (construction of trademark licence/sports law)

Intellectual Property

Jasbir has advised and acted in a number of intellectual property disputes.

Notable cases include:

  • Trade Mark Licensing Co Ltd v. Leofelis [2010] EWHC 969 (Ch) (trademark/summary judgment)
  • Trade Mark Licensing Co Ltd v Leofelis [2010] I.L.Pr. 16 (trademark/jurisdiction/Lugano Convention)
  • Leofelis v. Lonsdale [2008] EWCA Civ 640, Times July 23, 2008, Court of Appeal (trademark)
  • BSkyB Group Plc v. Sky Home Services Ltd [2007] FSR 14, Ch.D. (passing off)
  • Kalsep Ltd v. X-Flow B.V., Times, May 3, 2001, Patent Court (patents)

Defamation

Jasbir has experience of advising and acting in proceedings for defamation. Most recently he has been instructed by BT Plc in the defence of a defamation and malicious falsehood claim brought by Tiscali.

Publications

Assistant editor of Paget's Law of Banking
Article concerning the implications of the Human Rights Act 1998 for commercial clients in Disputes 2002 published by the Lawyer magazine.

Further Information

  • Jasbir spent three years at the New York Bar with Cravath, Swaine & Moore practising U.S. securities and anti-trust law.
  • Jasbir has taught law at the University of Oxford.
  • He is a regular speaker at conferences and seminars in England and abroad.
  • Member of the Standards Committee of the Bar Standards Board
  • Member of the Constitutional and Administrative Law Bar Association and the Commercial Bar Association.

Lanugages

Punjabi, Hindi, Urdu and French.