People

Alec Haydon

Year of Call: 1993

Email: alec.haydon@brickcourt.co.uk

Clerk: Julian Hawes julian.hawes@brickcourt.co.uk

Alec Haydon

Year of Call: 1993

Email: alec.haydon@brickcourt.co.uk

Clerk: Julian Hawes   julian.hawes@brickcourt.co.uk

Expertise

"Incredibly good at devising strategy, getting to the key issues and finding a way through them that meets clients' commercial objectives." “He has huge experience in heavyweight commercial fraud cases and is great at fighting his corner."
- Chambers & Partners 2015

“Alec Haydon is a ‘fiery advocate’ who has also acted in some of the most significant cases brought before the commercial courts”
- Chambers & Partners 2012

Overview

Alec Haydon is a commercial barrister who has acquired a broad range of experience having acted in significant, high profile, high value, disputes involving a wide variety of issues since graduating with a first class degree from Cambridge University (1992) and a LL.M degree from Harvard Law School (1994) which he attended as both a Fulbright Scholar and a Frank Knox Fellow.

Alec is a sought-after senior junior on whom silks know they can rely but he enjoys opportunities to act without a leader both in trials and in heavy, contested, interlocutory hearings which can involve anything from the extent of disclosure to making applications for injunctions and freezing orders.

Alec is recognised in the directories as a Leading Junior in Commercial Litigation and Civil Fraud.

About

Alec is a Member of the Foundation Board of Protimos, which is a charity working to empower marginalised communities in developing countries to use the law to protect their social, economic and environmental interests.

He runs regularly to keep fit and has completed three marathons in New York (2011), London (2012) and Paris (2013) all in under 4 hours and reducing his time on each occasion while raising sponsorship for Protimos.

Alec also holds a National “A” Motor Racing Licence and competes in the 2013 Avon Tyres Caterham Roadsport Championship.

practice areas

Alec practices in all areas of Commercial Law.

Commercial

Over the 18 years since he was taken on as a tenant (1995), he has advised and acted for a variety of clients including oligarchs, oil companies, insurers and insureds, airlines and banks.

In recent high profile disputes, he has acted for BP International Limited in its arbitration with Alfa Petroleum Holdings Limited concerning the Russian company TNK-BP, for Cargill and Goldman Sachs defending claims made by the purchasers of Teesside Power Station Limited concerning alleged breaches of warranty in relation to a steam turbine, and, in a dispute between billionaire Ukrainian businessmen, for Gennady Bogolyubov defending him against claims made by Victor Pinchuk.

General Commercial

Alec has been involved in a wide range of general commercial disputes as illustrated by the examples below. He is recognised to have good commercial judgment and an ability to identify the key issues in a case from an early stage of the proceedings.

Electrobel International Holdings BV v. Teesside Power Holdings Limited - acting for the sellers of shares in the company owning Teesside Power Station defending allegations of breach of warranty, and, in a related action, in a claim to recover money alleged to be due under a Tax Deed which provided for an adjustment to the purchase price in the event of a refund of tax.

Hicks & Gillet v. Kop Football Limited – acting for the former owners of Liverpool Football Club in an attempt to prevent the sale of the club.

Sir Michael Bishop v. Lufthansa - acting for Lufthansa in resisting the exercise of a Put Option by Sir Michael Bishop requiring Lufthansa to purchase his shares in British Midland Plc.

SAB Miller Africa BV v. East African Breweries Ltd - Responding to an Injunction preventing East African Breweries from entering into a new distribution agreement.

Alec has been led by Mark Howard QC, Mark Hapgood QC and Laurence Rabinowitz QC in a number of high-profile “oligarch” disputes including the following.

Alfa Petroleum Holding Limited v. BP International Limited - acting for BP in a dispute concerning the construction of a Joint Venture agreement with companies owned by Russian oligarchs who, with BP, were shareholders in TNK-BP. Seeking to set aside an injunction restraining BP from pursuing an opportunity to explore the Arctic for oil under a new Joint Venture with Rosneft.

Berezovsky v. Patarkatsishvilli - acting for a Russian oligarch in a dispute concerning the existence and extent of an oral partnership agreement with his deceased business partner.

Pinchuk v. Bogolyubov and Kolomoisky – acting for Mr Bogolyubov in an action between billionaire Ukrainian businessmen to resolve a dispute about the ownership of shares in a formerly state-owned  mining enterprise, KZhRK.

Fraud

Alec enjoys the forensic challenge presented by fraud cases and the strategic issues that arise in determining how best to recover money that has been lost.

BSKYB -v- EDS - acting for BSKYB in a computer software warranty claim worth in excess of £300 million in the TCC brought by SKY concerning the implementation of a new CRM system. Alec was primarily responsibility in the counsel team for the complicated exercise involved in adducing evidence to quantify the loss.

HSBC v. Fifth Avenue - acting for the bank in the early stages of a fraud claim against Mr Brown and others, obtaining urgent Freezing and Search Orders.

BHP Billiton Petroleum v. Dalmine Spa – acting for a purchaser of pipes for a sub-sea pipeline in an action against the Italian manufacturer/seller seeking damages for breach of contract and fraud in the certification of the pipes.

Amber v. Wilkinson – acting for participants in a film finance scheme who alleged that the organiser of the scheme had defrauded them of their investment and had not made any arrangements for the films the subject of the scheme to be made. Obtaining urgent freezing and disclosure orders.

Energy

Having studied engineering at grammar school and having a father who taught physics, Alec is interested in the science behind energy disputes and enjoys getting to grips with expert issues that arise.

Electrobel International Holdings BV v. Teesside Power Holdings Limited - acting for the sellers of shares in the company owning Teesside Power Station defending allegations of breach of warranty relating to various assets material to the operation of the power station including steam turbines and a subsea gas pipeline.

BHP Billiton Petroleum v. Dalmine Spa – acting for a purchaser of pipes for a sub-sea pipeline in an action against the Italian manufacturer/seller seeking damages for breach of contract and fraud in the certification of the pipes.

Banking

Rosserlane v. Credit Suisse  - acting for a bank in defence of a claim by a borrower that the bank breached an alleged duty of care owed to the borrower in exercising its right to force a sale of an asset belonging to the borrower to realise funds to repay the loan.

Shanning International Ltd v. Rasheed Bank – acting for Lloyds Bank plc resisting payment to the liquidators of the Claimant company of a deposit securing a counter-guarantee given to the Defendant Iraqi bank which could not be enforced while EU sanctions were in place prohibiting payments to be made to Iraqi banks.

National Westminster Bank v Somer – acting for the bank at first instance seeking restitution of a payment made to Somer by mistake.

Insurance

Maritech Resources Inc v. Ironshore Insurance Limited – acting for a Texan insured in an action to recover under a catastrophe excess of loss cover against a Bermudan insurer following hurricane damage in the Gulf of Mexico.

John Hancock Mutual Life Insurance - acting in various arbitrations concerning the reinsurance of books of business and spiral losses.

Law Debenture Trust Corporation v. Lexington Insurance - acting for defendant insurer challenging avoidance of policy for reinsurance of film finance risks.

Qualifications

1994                Admitted as Attorney to the State Bar of New York, USA.
1993-94           Harvard Law School Cambridge, MA, LL.M.
1993                Called to the Bar of England & Wales.
1989-92           Cambridge University (St. John's College), BA, 1st Class.
1981-88           Sir Joseph Williamson's Mathematical School a Grammar School in Rochester, Kent

Directory Quotes

  • "A very good junior; responsive, quick, insightful and a very loyal team player." (Legal 500 2015)
  • "Very good on fraud and careful to find the right strategy. He has huge experience in heavyweight commercial fraud cases and is great at fighting his corner." (Chambers & Partners 2015)
  • "Incredibly good at devising strategy, getting to the key issues and finding a way through them that meets clients' commercial objectives." "He's very good on fraud and careful to find a proportionate strategy." (Chambers & Partners 2015)
  • “He is extremely technically proficient. He has an excellent practice and is very well liked by his clients and his opponents. A real delight, he’s very sensible, very measured and very effective.” (Chambers & Partners 2014)
  • “He immerses himself in the facts and produces beautifully drafted skeletons and pleadings” (Chambers & Partners 2014)
  • "Careful to find a proportionate strategy." (Legal 500 2014)
  • Alec Haydon has a “forthright style” and “an excellent ability to separate the wheat from the chaff” in a case. “Confident and direct” in his manner, he does well as he is “tenacious, thorough and insightful.” (Chambers & Partners 2013)
  • Alec Haydon is a “very strong” junior who is “impeccable on paper”. He is also “pleasant to deal with and very hard-working,” according to sources, who commend the quality of his advice and his ability to handle complex jurisdictional issues. (Chambers & Partners 2013)
  • "Alec Haydon is a "fiery advocate" who has also acted in some of the most significant cases brought before the commercial courts, including BSkyB v EDS and Berezovsky v Estate of Patarkatsishvili. Commentators reserve particular praise for his "excellent numeracy skills." " (Chambers UK 2012)
  • "According to sources, he constitutes "an excellent choice due to his great talent and well-directed aggression in court." " (Chambers UK 2012)
  • "Alec Haydon is an impressive junior with a widely admired advocacy style. He is "a punchy advocate who gives it his all," (Chambers & Partners 2011)
  • "a perfect junior who is hard-working, thorough and willing and able to take responsibility." (Chambers & Partners 2011)
  • "A rising star of the Commercial Fraud Bar, Haydon is singled out as a "hard-hitting advocate who really cares about his cases." (Chambers & Partners, 2010)
  • "‘seems to have something of a Sumption about him.’  Commentators note that he has the ‘ability to make a point directly and the courage to see his case through." (Chambers & Partners, 2009)

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