Peter Irvin’s Commercial Law CV

Qualifications

BA (OXON)

Practice Profile

Peter Irvin has a substantial practice as a senior junior, drawing on extensive and long experience as an advocate, adviser and arbitrator in a wide variety of commercial and other civil cases. He has regularly appeared before courts and tribunals at every level. This is reflected in well over 100 reported cases.

His commercial practice has included banking, insurance, shipping, international trade, competition and restraint of trade), restitution/commercial fraud /constructive trust; also maritime and international arbitration. He also has specialised in letters of request/deposition proceedings and has also represented clients in a number of commercial mediations. He has sat as arbitrator in LMAA, LCIA and other forms of commercial arbitration.

He combines a positive and down-to-earth approach with sound judgment and careful legal analysis, user-friendly relations with both solicitors and clients and clear and confident advocacy, drawing on his wealth of experience to assess the tribunal and carry it with him. He makes a point of being quickly accessible at all times, whatever his workload.

In appropriate cases he will accept instructions in commercial matters on a Direct Public Access basis.

The more significant commercial cases in which he has been involved down to the present day are described briefly below:

2012:

Pathfinder Minerals & ors-Gen Veloso)& ors.--disputed ownership of £300m Mozambique mining company);
Cukurova Finance International-v- Alfa Telecom -Privy Council appeal from BVI re finance for telecom operations in Turkey;
LCIA Arbitrator in demurrage dipute;
Chapman-v-JDC Consultants-constructive trust/tracing claim arising out of breach of fiduciary duty/fraud in spread betting business.
Waibs-v-Trafigura-claims arising out of discharge of toxic waste from tanker
DVB Bank v Maliakos Navigation - for bank on claim to enforce US $42 million shipbuilding facility;
Midas v RBS - for property developers challenging claim of events of default and counterclaiming for mis-sold interest swap contracts.

2011:

Southern Electricity v Cargobull - for claimant in energy supply dispute;
Lord Langford v Coys of Kensington - for claimant in constructive trust claim against directors;
Midland Auto Club v Towergate - for claimant re insurance broker's negligence;
HMRC v Aston & Platel - defending claim by HMRC under collateral agreement to pay company debt;
BE Aerospace v SICMA - advising on and handling letter of request and depositions for US company in patent dispute;
Abboushi v Paul - for claimant in property dispute;
Cheval Property Finance v Volkomen - for claimant in dispute between shareholders and directors of international finance companies;
Skiathos Touristici v Protopapas - for claimant in dispute over enforcement of judgment in Greece;
Acting for salvage company in respect of US $12 million salvage dispute/arbitration;
Williams v Williams and Davies - for majority shareholders are set in unfair prejudice claim in Companies Court involving windfarms;
LMAA arbitrator in charterparty dispute regarding heavy weather damage;
"The Leopard" - for salvage company to enforce third-party rights under charterparty between owners and charterers;
Coys of Kensington v Marriott - for seller resisting claim for commission on rare car withdrawn from auction (unfair contract terms);
Midas v RBS - for property developers challenging claim of events of default and claiming for mis-sold swap contracts;
DVD Bank v Maliakos Navigation - for bank on claim to enforce US $42 million shipbuilding facility;
Arbitrator in dispute regarding cargo damage;
Wylde v Cooper - resisting misrepresentation claim in joint-venture dispute between solicitors.

2010:

Whistleblowing and compensation claim against multinational construction company;
Majeed V Chesti Traders - partnership dispute;
Comanco-v-TGC Ventures and others (Comm Ct)- US $200 million oil pipeline dispute;
Templeton Insurance-v-Motorcare warranties and others (Comm Ct) - £2m constructive trust etc claim by underwriters against insurance agents);
National Ability SA -v- Tinna Oils and Chemicals (CA)-appeal regarding enforcement of $1.5m arbitration award outside limitation period);
ICC arbitration -- dispute over right to use of the trading name and logo of well-known international accountancy practice;
LMAA arbitration- dispute between owners and vessel managers;
Midland Automobile Club-v-Towergate (Brm Merc Ct)-broker's negligence.

2009:

Tsavliris Salvage v Hanseatic P&I (Comm CT) - for salvors against vessel's P&I club under salvage guarantee.
Demonchy v Speedferries (in Administration) (Admiralty Court) - claim against administrators to assert French maritime lien for port dues.
O'Mara v KCB Bank Ireland (HC of NI) - for claimant company against bank for breach of collateral agreement and negligence.
Antonio v Gina Holdings (Co Ct) - for claimant in Section 994 shareholders' dispute.
Teva pharmaceuticals v Ranbaxy uk (QBD) - for applicants in disputed application for order for depositions for US proceedings.
PricewaterhouseCoopers v Price v Waterhouse SARL (ICCA) - for counterclaiming defendant in ICC arbitration of dispute over use of Price Waterhouse name in Morocco.
Underwood v Cunningham John (Ch Div) - for claimant in action for solicitor's negligence resulting in tax loss.

2008:

National Ability SA v Tinna Oils and Chemicals (CA 2008) - enforcement of arbitration award as a judgment outside limitation period.
Currently acting for clients resisting enforcement of loan facility on grounds of misrepresentation before the High Court in Northern Ireland.
Tavoulareas -v- Tsavliris - Successful defence of long-running claim in respect of financing of salvage operation.
Associated Britsh Ports -v- Ferryways and MSC - Acting for defendant in £30m claim for breach of contract/enforcement of guarantee.
Top Layer Interiors -v- Azure Martime Holdings - Obtained judgment against shipowner for work to vessel and summary judgment on tactical counterclaim for US $3m loss of charter hire.
Genesis Housing -v- McKibbin and others - Currently acting for defendants in breach of fiduciary duty/fraud claim.
Teamlog SA -v- Teamlog UK and others - Currently acting for shareholders in Section 994 unfair prejudice dispute.
Stronghold Insurance -v- Forsakringsaktiebogalet Assuransinvest Mf - Acting for continental reinsurers resisting long-standing claims under numerous treaties.
Currently acting for claimant in £58m commercial fraud/tracing claim.
Atif-v-Nadeem -Acting for successful claimant in solicitors' partnership dispute.
Also acting currently for claimants in a number of solicitors negligence actions in ChDiv and QBD.

2007:

Walsh -v- Staines - Succesfully resisting summary judgment/strike out application against claimant in action against solicitors for fraudulent misrepresentation in connection with client's ability to satisfy cross undertaking in damages for freezing order (appeal pending)
Rauf -v- Aston Rothbury - Obtained judgment for claimant in share fraud/constructive trust claim
Hoben International -v- Metal Castings - Acting for defendants in court and at mediation in proceedings breach of fiduciary duty/confidential information
Rauf -v- Dhama Douglas - Obtained judgment for claimant for breach of solicitors undertaking
Atif -v- Nadeem - Obtained judgment for successful partner in dispute over property of solicitors' partnership
Rauf -v- St Paul's Insurance - Acted for claimant in successful claim against solicitors PI insurers

2004 - 2006:

Christopher Patrick -v- Royal London Mutual Insurance - Successful claim against insurers defending on basis of "wilful, malicious or criminal acts" exclusion and late notification of claim (CA and QBD)
Raja -v- Hoogstraten - Successfully obtaining civil murder verdict and consequent strike out on grounds of abuse of process against defendant in the course of fraud/enforcement proceedings (CA and QBD 2006)
BE Studios -v- Smith and Williamson - Defending claim for third party costs order against director (QBD and CA 2005)
Tavoulareas -v- Tsavliris - Acting for defendants in jurisdiction dispute and question of whether Greek or English court first seised (Comm Ct 2005)
Raja -v- Hoogstraten - Successfully resisting amendment of defence in civil proceedings to dispute previous criminal conviction of accomplices for murder (Ch Div 2005)
Tavoulareas -v- Tsavliris - Successfully setting aside default judgment without conditions despite tactical proceedings in Greece to frustrate English judgment (Comm Ct 2005)
Arkin -v- Borchard Lines - Successful application on behalf of defendant for costs against professional third-party funder of unsuccessful impercunious claimant (Comm ct and CA 2005)
Nagpal -v- Dhruve - Successful enforcement of compromise agreement in civil share fraud claim (Ch Div 2005)
Arkin -v- Borchard Lines - Successfully resisting costs order against Part 20 claimants who had succeeded in the main action (Comm Ct and CA 2005)
LMAA Arbitration - Acting for charterer in substantial claim for engine damage due to defective fuel (2004)
Hopkins -v- T L Dallas Group - Acting for claimants in claim to enforce substantial guarantee by investors (Ch Div 2004)
Tavoulareas -v- Tsavliris - Acting for defendants challenging English jurisdiction on the grounds that Greek court first seized (CA and Comm Ct 2004)
Moussavi-Azad v Sky Properties - Successfully resisting claim/appeal in action for commission (CA and QBD 2004)

2002/03:

Arkin -v- Borchard Lines - three-month trial (as leader) of $30m Art 81/82 competition action by shipowner.
Raja -v- Hoogstraten - acting for Claimant in £6m commercial fraud culminating in striking out defence for abuse of process and proceedings for contempt/sequestration
Cargill -v- New Holland Bulk Services - Commercial Court jurisdiction dispute arising out of grain storage contract
Seascope -v- Laurin Maritime - shipbrokers commission claim
Chase Manhatten Bank -v- Phoenix - film finance litigation
Pilot Ventures -v- Kensinton Hotel - agency/commission dispute
Charter party arbitration - for charterer (engine damage)
Tavoulareas -v- Tsavliris - jurisdiction dispute in salvage agreement case
Jarvis Field Press -v- Chelton - auditors negligence/directors breach of duty/civil fraud
Frankland Balanced Feeds -v- Europa - share sale warranty dispute
R -v- Sec of State for Home Office ex p Taylor - judicial revie of refusal of compensation for miscarriage of justice
DTI -v- Green - Directors Disqualification
Gilmour -v- LB Barking and Dagenham - discrimination/unfair dismissal claim (for LBBD)
Leckstein -v- Menon - US$ 6 million indemnity claim
Caledonia Commercials -v- Paccar - distribution agreement dispute
Motours -v- Eurobell - UCTA preliminary issues

1999/2000:

Watford Electronics - £5m claim against software supplier (UCTA issues - TCC & CA)
J.D.Weatherspoon/Cyborg systems - successful mediation acting on behalf of software supplier
Wing Tak Shipping/Lowndes Lambert - insurance broker's negligence
London Clubs - Various large gaming recoveries and advices
Nigerian Ports Authority -v- Barclays Bank - negligence/breach of contract claim
R -v- Sec of State for Home Dept ex p Tawfick - Judicial Review/Home Office compensation
Seascope -v- Laurin Maritime - $½m ship finance commission dispute
Nasser -v- Bank of Kuwait - negligence/misappropriation claim against bank (Court of Appeal on dismissal for want of prosecution and security for costs)
Raja and Van Hoogstraten - £6 million fraud/constructive trust Claim
Daghir and Customs & Excise - malicious prosecution/misfeasance claim
Sole Arbitrator in joint venture dispute involving international supply of technical services
Ableport -v- Khan - £1m civil fraud claim/Section 459 petition
Lewis -v- Shah - £2m accountant's negligence/fraud claim
Healys/Van Hoogstraaten - appeal on issue of solicitors' retainer after death of client/liability for costs (Court of Appeal)
2001 Aspect Internet - £1.5m misrepresentation claim/share sale fraud
On-Line Distribution - breach of fiduciary duty/misuse oconfidential information claim
Direct Line -v- Davis - company fraud
Storey -v- Harling - section 459 petition

1998/99:

Delkor -v- Birkbecks Montagu - £7m solicitors negligence claim
"Arms to Iraq" - various malicious prosecutions and wrongful prosecution cases against Customs & Excise and FCO & Home Office compensation claims (over £4m recovered to date)
Telewest - racial discrimination (ET&EAT)
Formula I - £2m contract dispute before international tribunal in Switzerland
ICC Arbitration - $40m re: computer systems
AEG -v- Translift Monorail - £1/2 m breach of contract claim re: electrical equipment(T&CC)
Dr Neary -v- Dean of Westminster - appeal to Visitor re: Removal from office of Organist/choirmaster of Westminster Abbey
Bartfield -v- Admiral Underwriting - fidelity policy dispute
Schenkers -v- Overland Shoes (C.A.) - Unfair Contract Terms Act
Jayant Oil - FOSFA Arbitration $1m
JBL Underwriting - professional negligence policy dispute
Barclays Bank -v- Ames - bank guarantee
"EMIL S" - $¼m c/p arbitration
"MERAK S" - $1M Charter party Dispute
Panfinancial Reinsurance - various reinsurance disputes
Hong Kong University - advising on terms of service for senior staff
Telecom Co -v- Martin Dawes - confidential information injunction/disclosure C.A
Direct Line and Davis - employee fraud/search and freeze orders
Dunk and Foreign Commonwealth Office - misfeasance claim in relation to arms shipments to Iraq
"Sea Shuttle 1" - charter party dispute

1997/98:

"CATARIBA" Kusel -v- Aitken - marine insurance dispute acting for shipowner
Amherst Villiers -v- Rolls Royce - contract dispute
Sainsburys -v- Broadway Malayan - £10m Professional Negligence Claim (Architect/Structural Engineer) Metalloy Supplies Ltd -v- MA U.K. - liquidator's liability for costs
Ringmore Insurance -v- Bank of Scotland - bankers negligence
Lilleshall Plastics & Engineering Ltd -v- Soundtracs Ltd - £1m claim for breach of supply contract
Bank of Botswana -v- Natwest and others - £½m constructive trust claim

Further Information

Gray's Inn Bencher 2003- present

Professional Associations:

London Common Law and Commercial Bar Association
London Court of International Arbitration
London Maritime Arbitrators Association
European Circuit