People

Michael Bolding

Year of Call: 2010

Email: michael.bolding@brickcourt.co.uk

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

Michael Bolding

Year of Call: 2010

Email: michael.bolding@brickcourt.co.uk

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

Overview

Michael practises in all areas of Chambers’ work, with a particular emphasis on commercial litigation and arbitration. He appears regularly in the High Court, both led and unled, in a wide range of commercial cases, including a number of very high value disputes relating to shareholders’ agreements, partnerships, joint ventures and share purchase contracts. He recently acted for the claimant in Ardila Investments v ENRC, which involved a claim for US$285 million relating to the purchase of an iron ore mine in Brazil. Michael has also been instructed in a number of major competition law disputes.

In recent years, Michael has developed particular expertise in relation to insurance matters, having been instructed in a number cases concerning allegations of non-disclosure and misrepresentation, coverage disputes, and allegations of negligence against insurance brokers. Michael acted for the insurers in Brit UW Ltd v F&B Trenchless Solutions Ltd [2016] Lloyd’s Rep. I.R. 69, which involved a successful claim for a declaration that a contractors’ combined liability policy had been avoided on the grounds of misrepresentation and non-disclosure. Michael also successfully helped to defend an insurance broker accused of negligence in Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2015] P.N.L.R. 5. 

Before coming to the Bar, Michael taught contract law part-time at University College, Oxford, and spent a year working for a charity providing legal aid services in Kenya. After completing his pupillage, Michael spent 10 months working at the UK Supreme Court as a Judicial Assistant to Lord Clarke and Lord Carnwath. During his time as a Judicial Assistant, Michael was involved in a number of important commercial law cases, including: VTB Capital Plc v Nutritek International Corp (forum non conveniens and lifting the corporate veil), Benedetti v Sawiris (unjust enrichment) and AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC (anti-suit injunctions).

practice areas

Commercial

General commercial litigation and arbitration

  • Acting for the defendant in an ICC arbitration concerning a multi-million pound claim for an indemnity under a contract relating to the provision of personnel at a gas processing facility in Algeria (with Richard Slade QC).
  • CitizenM LND St Paul’s Properties BV v Chil Ltd and others (Chancery Division and Court of Appeal): representing the claimant in a contractual dispute concerning a joint venture relating to the development of a plot of land in central London for use as a hotel (with Simon Salzedo QC).
  • Ardila Investments NV v ENRC NV (Commercial Court): acting for the claimant in a claim for US$285 million owed under a share purchase agreement relating to an iron ore mine in Brazil (with Neil Calver QC and Stephen Midwinter).
  • Advising in relation to a claim for over £45 million brought against a commercial property consultancy involving allegations of negligence and breach of contract.
  • Mannering v Highscore Scaffolding Ltd (Chancery Division); acting for the defendants in a claim involving allegations of fraud relating to a transfer of shares.
  • LA Leisure Ltd v Fitness Agents Ltd (Mercantile Court): acting for the defendant in a dispute relating to the provision of personal trainers at fitness clubs involving various allegations of breach of contract.
  • Representing for the claimant in an arbitration under the LCIA rules worth several billion dollars involving a shareholders’ dispute concerning contracts entered into by a major Russian commodity company (with Mark Howard QC and others).
  • Davenport Capital Ltd v Elbus Group Ltd (Mercantile Court): acting for the defendant in a claim brought by a consultancy firm for sums said to be owed as a debt and/or as damages, or by way of restitution, for services allegedly rendered in connection with the establishment of a private equity fund.
  • Corbiere Ltd and others v Xu (Chancery Division): representing the claimant in a successful application for a worldwide freezing order against a defendant in a claim for damages for misuse of confidential information (with Michael Swainston QC).
  • Advising in relation to a dispute concerning a long-term electricity contract worth several million dollars entered into by the subsidiary of a major Russian commodity company (with Neil Calver QC and Andrew Henshaw QC).
  • Acting for the claimant in an arbitration under the LCIA rules involving allegations of economic duress and breach of contract, worth over US$50 million (with Andrew Henshaw QC).
  • Acting for the defendant in case involving a challenge to an arbitral award under section 68 of the Arbitration Act 1996 on the basis of a decision by the tribunal not to permit the other party to amend its statement of case shortly before the final hearing (with Andrew Henshaw QC).
  • AC Gold Biomass Ltd v Burrows (Commercial Court): acting for the claimant in a challenge to an arbitral award under s.68 of the Arbitration Act 1996.

Insurance and re-insurance

  • Brit UW Ltd v F&B Trenchless Solutions Ltd (Commercial Court): representing insurers in a successful claim for a declaration that a contractors’ combined liability insurance policy had been validly avoided on the basis of non-disclosure and misrepresentation by the insured (with Neil Calver QC).
  • Sartex Quilts & Textiles Ltd v Henderson Insurance Brokers Ltd (Commercial Court): defending an insurance broker in a claim for negligence concerning the placing of material damage and business interruption cover (with Neil Calver QC).
  • Eurokey Recycling Ltd v Giles Insurance Brokers Ltd (Commercial Court): successfully defending an insurance broker in a negligence claim for over £20 million concerning the placing of material damage and business interruption cover (with Neil Calver QC).

Michael has also provided confidential advice in relation to numerous insurance coverage disputes and allegations of misrepresentation and non-disclosure. In particular, Michael has provided advice in relation to several marine insurance policies and also advised in relation to a multi-million dollar claim under a contractors’ all risks insurance policy relating to the construction of a motorway in Qatar. 

Shipping and international trade

Michael has been involved in a number of cases relating to shipping and international trade. He contributed to the second edition of Aikens, Lord and Bools on Bills of Lading and will be a co-author of the third edition. Michael has also been involved in the following cases relating to anti-suit injunctions in the context of shipping and international trade:

  • Essar Shipping Ltd v Bank of China Ltd (Commercial Court), an application for an anti-suit injunction to restrain the pursuit of proceedings in China allegedly brought in breach of an arbitration agreement incorporated into a bill of lading contract (with Richard Lord QC).
  • Arcadia Energy (Suisse) S.A. and another v Ubah and others (Commercial Court), an application for an interim anti-suit injunction to restrain the defendants from continuing proceedings in Nigeria in breach of an exclusive jurisdiction clause (with Richard Lord QC).

EU/Competition

Notable cases

  • Advising in relation alleged breaches of Article 101 and 102 TFEU by various Swiss watch manufacturers.
  • GTS Gas Turbine Services S.A. v Rolls-Royce Holdings Plc (Chancery Division): acting for the claimant in a claim for damages and injunctive relief arising out of an alleged breach of Article 102 TFEU and/or section 18 of the Competition Act 1998 due to a refusal to supply spare parts and components for gas turbines to an intermediary (with Robert O’Donoghue).
  • LM Ericsson v Apple Retail UK Ltd and another (Chancery Division): acting for the claimant in a dispute concerning the obligations of a holder of mobile phone patents to grant licences on FRAND terms (with Jemima Stratford QC and others).
  • R (Philip Morris Brands Sàrl and another) v Secretary of State for Health (Administrative Court): acting for the claimant in a challenge to the Secretary of State’s intention to implement Directive 2014/40/EU (the Second Tobacco Products Directive) (with Marie Demetriou QC and Daniel Piccinin).
  • R (Philip Morris Brands Sàrl and another) v Secretary of State for Health (Administrative Court): acting for the claimant in a challenge to the Standardised Packaging of Tobacco Products Regulations 2015 (with Marie Demetriou QC and Daniel Piccinin).
  • Allpay Ltd v City of Bradford Metropolitan District Council (TCC): acting for the defendant in a claim challenging a tender exercise under the public procurement regulations.   
  • Unwired Planet International Ltd v Huawei Technologies Co. Ltd and others (Chancery Division): acting for the claimant in a dispute concerning the obligations of a holder of mobile phone patents to grant licences on FRAND terms (with Jemima Stratford QC and others).

Publications

Aikens, R. Lord, R. and Bools, M. Bills of Lading, (2nd ed.), Informa Law (forthcoming), contributor

Competition Litigation: UK Practice and Procedure (2nd ed.), Oxford University Press (forthcoming), contributor

Administrative Court Digest, Sweet & Maxwell, contributor

Qualifications & Further Information

2012-13            Judicial Assistant to Lords Clarke and Carnwath, UK Supreme Court
2011-12            Pupillage, Brick Court Chambers
2010-11            LLM, Harvard Law School
2009-10            BVC, BPP Law School (Very Competent)
2009-10            Non-stipendiary lecturer in law, University College, Oxford
2008-09            BCL, Lincoln College, Oxford (1st class, 1st in year)
2004-07            LLB (Hons) (1st class, 1st in year)

Scholarships and prizes:

2011    Athens Scholarship, the Constitutional and Administrative Law Bar Association
2009    Queen Mother Scholarship, Middle Temple
2009    Vinerian Scholarship, University of Oxford (for the highest grade on the BCL)
2009    Sir Rupert Cross Prize for Evidence, University of Oxford
2009    Sir Ralph Chiles CBE Award for Human Rights, University of Oxford
2009    Rector's Prize, Lincoln College, University of Oxford
2009    Joint winner of the Holdsworth Society Moot, University of Oxford
2008    Supperstone Law Scholarship, Lincoln College, University of Oxford
2007    Human rights bursary, International Bar Association
2007    Oxford University Press Law Prize

Memberships

ALBA

COMBAR


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