People

Geoffrey Kuehne

Year of Call: E&W: 2012, Western Australia: 2006

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

Geoffrey Kuehne

Year of Call: E&W: 2012, Western Australia: 2006

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

Expertise

Overview

Geoffrey’s practice spans the full range of commercial work undertaken in Chambers.   He is regularly instructed as sole counsel before the High Court, County Court, and arbitral tribunals, as well being led on substantial matters before the courts, tribunals and regulatory bodies.  Since joining Chambers in 2012, and before that, as a solicitor-advocate at a global law firm, Geoffrey has appeared for and advised clients across a wide range of industries and areas, in particular, banking and financial services, professional liability, mining and energy, civil fraud, and sports, communications and technology.

Current and recent instructions include:

Lehman Brothers Special Financing Inc. v National Power Corporation and Power Sector Assets and Liabilities Management Corp (Financial List), defending a substantial claim for payment under an ISDA Master Agreement (2002 version), led by Jasbir Dhillon QC

Various claimants v Ernst & Young LLP (Comm), acting for EY in relation to a number of professional liability claims arising out tax advice provided to clients in connection with investments in Eclipse Film Partners LLPs, led by Simon Salzedo QC

Europa Plus SCA CIF and Anthracite Balanced Company (R-26) Ltd v Anthracite Investments (Ireland) Plc [2016] EWHC 437 (Comm), appearing as sole counsel for Anthracite Balanced Company (R-26) in the trial of claims arising out of the unwinding of two substantial total return swaps

An LCIA arbitration concerning a circa $40 million claim brought in connection with the supply of hydrocarbons to a European refinery, involving questions of foreign law (led by Daniel Jowell QC)

Francois Kryvenko v Lotus F1 Team Limited / Renault Sport Racing Limited (Comm), appearing as sole counsel in a dispute over commission payments claimed in relation to sponsorship of the Lotus / Renault F1 racing team

Heritable Trust Limited v Deloitte & Touche (Chancery), defending a multi-million pound claim for negligence arising out of advice given in connection with the tax structuring of a property transaction, led by Jasbir Dhillon QC

Decura Investments LLP & Ors v UBS AG (Commercial Court), defending a circa £100 million claim alleging the occurrence of an early termination event under an agreement for the outsourcing of certain investment activities, led by Adrian Beltrami QC

Prior to joining Chambers, Geoffrey was a Senior Associate and solicitor-advocate at Herbert Smith Freehills in London, where he had a broad practice encompassing complex litigation and arbitration, advocacy, ADR, contentious regulatory investigations, and advisory work.  Since coming to the bar Geoffrey has maintained a significant advisory practice, instructed by firms and in-house teams in relation to a range of issues including jurisdictional matters and the availability of interim relief.

While at HSF much of Geoffrey's work was for clients in the banking and financial services sector, including retail and investment banks, wealth management firms, asset and fund managers and private equity firms.  In addition he regularly acted for and advised individual and corporate clients in the resources, energy, technology, and leisure industries.  During his five years at HSF Geoffrey undertook a year-long secondment to the in-house legal team at a major investment bank and wealth management firm, where he was responsible for litigation throughout EMEA.  He also spent nearly two years as a member of HSF's in-house advocacy unit, acting as a junior to the firm’s in-house leading counsel.  Prior to relocating to London Geoffrey was an associate solicitor with Freehills, a leading Australian law firm, and before that, judicial assistant to the Chief Justice of Western Australia.  As a result, since commencing practice in 2005 Geoffrey has acquired significant experience of dispute resolution from the perspective of in-house client, solicitor, advocate and the judiciary

practice areas

Commercial

Banking and Finance

Lehman Brothers Special Financing Inc. v National Power Corporation and Power Sector Assets and Liabilities Management Corp, (Financial List) defending a substantial claim for payment under an ISDA Master Agreement (2002 version), led by Jasbir Dhillon QC

Europa Plus SCA CIF and Anthracite Balanced Company (R-26) Ltd v Anthracite Investments (Ireland) Plc [2016] EWHC 437 (Comm), appearing as sole counsel for Anthracite Balanced Company (R-26) in the trial of claims arising out of the unwinding of two substantial total return swaps

A substantial regulated firm in connection with threatened enforcement action by the FCA

Decura Investments LLP & Ors v UBS AG (Comm), defending a claim valued at circa £100 million for declaratory relief arising out of an agreement for the outsourcing of certain investment activities.

Deutsche Bank AG v Sebastian Holdings Inc (Comm), assisting a large counsel team in relation to a multi-billion dollar FX and Equities trading claim

Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund LP [2013] 1 All E.R. (Comm) 973, assisting (during pupillage) a team lead by Tim Lord QC on the interim stages of a substantial Commercial Court claim, raising issues including summary judgment, jurisdiction and proper law

While a solicitor-advocate, Geoffrey regularly advised investment and retail banks, wealth managers, hedge funds and private equity firms in relation to a range of contentious matters, from Commercial Court litigation and arbitration through to contentious regulatory investigations (FSA/FCA, SFO, and US regulatory authorities) and s 166 FSMA “skilled person” reports.

Geoffrey has significant experience of working for and within the in-house legal teams of banks and other institutions and regularly advises in-house lawyers on a range of banking related disputes.

Professional Negligence and Liability

Various claimants v Ernst & Young LLP (Comm), acting for EY in relation to professional liability claims arising out tax advice provided to clients in connection with investments in Eclipse Film Partners LLPs, led by Simon Salzedo QC

Acting for a ‘Big Four’ firm in relation to FRC Disciplinary Tribunal Proceedings

Heritable Trust Limited v Deloitte & Touche (Chancery), defending a multi-million pound claim for negligence arising out of advice given in relation to a scheme of tax structuring intended to avoid or minimise CGT and stamp duty (led by Charles Hollander QC)

Ernst & Young LLC v Metro Baltic Horizons (Isle of Man), defending a multi-million pound claim of audit negligence arising out of the collapse of property investment company, and concerning audit work undertaken in a number of European jurisdictions (led by Tom Adam QC)

While a solicitor advocate, Geoffrey acted for both claimants and defendants in connection with professional liability claims against firms of solicitors.

Energy & Resources

An LCIA arbitration concerning a $40 million claim brought in connection with the supply of hydrocarbons to a European refinery

Cadogan Petroleum Holdings Ltd v Global Process Systems LLC [2013] 2 Lloyd's Rep. 26, assisting Michael Bools QC (during pupilage) in a claim relating to a settlement agreement, and raising issues of construction, forfeiture, and penalties

A European Oil major, in connection with a dispute arising out of a Russian transport business (while at Herbert Smith Freehills)

Sport and Media

Francois Kryvenko v Lotus F1 Team Limited / Renault Sport Racing Limited (Comm), appearing as sole counsel in a dispute relating to commission payments claimed in relation to sponsorship of the Lotus / Renault F1 racing team

Advising in relation to a potential claim against a Formula One team in connection with a sponsorship arrangement

Hamilton Management Group v Di Resta (Chancery), acting with Charles Hollander QC in a two-week Chancery trial for Formula One-driver manager Anthony Hamilton in relation to a claim against Formula One driver Paul Di Resta for breach of a management agreement

General Commercial Litigation

Horizon Globex v Broadband Satellite Services Limited (Comm), acting for the Horizon parties in a dispute arising from the sale of satellite communications business, involving allegations of breach of warranty and fraudulent misrepresentation

A London Borough (as sole counsel), in an ad hoc arbitration

Khouj v Acropolis Capital Partners Limited & Anor (Commercial Court), acting with Jasbir Dhillon QC in relation to a claim for inspection of documents in connection with a disputed agency agreement

The Libyan Investment Authority (Comm), appearing (with Charles Hollander QC and Tony Singla) for one of the applicants in proceedings intended to deal with the consequences of a dispute as to who was entitled to exercise the functions of the LIA, in the context of the upcoming High Court trials of the LIA’s claims against leading investment banks

LLB (Penang) SDN BHD v DAR Al-Handasah Consultants (UK) Ltd & Anor (Queen’s Bench), as sole counsel in a successful Part 8 claim relating to the registration of a foreign judgment under the Administration of Justice Act 1920

Advising (with Michael Bools QC) a large private company in connection with interim relief in the context of a disputed corporate take-over

Bilta (UK) Ltd (in liq.) v Nazir [2014] Ch 52 (Court of Appeal), assisting (during pupillage) Alan Maclean QC and Colin West in relation to an appeal concerning the application of the ex turpi causa principle

Qualifications

2012-13, Pupillage at Brick Court Chambers
2010-12, Senior Associate, Herbert Smith Freehills LLP (Advocacy Unit)
2007-10, Associate, Herbert Smith LLP
2006-07, Bachelor of Civil Laws, University of Oxford (Distinction)
2005-06, Articled Clerk/Associate, Freehills (Perth, Australia)
2004-05, Associate to the Hon. the Chief Justice of Western Australia
1999-04, LLB (Hons), University of Western Australia (First Class Hons)
1999-04, BA (History), University of Western Australia


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