Dispute resolution

Head of division | Sonya Leydecker

Main areas covered | commercial litigation | international arbitration | advocacy | ADR | banking and regulatory disputes | intellectual property | insurance litigation | private wealth and charities | public law

Key clients include | BSkyB | Chevron | Goldman Sachs | Mitsubishi | Temasek

Sector expertise includes | construction and infrastructure | energy and natural resources | financial institutions | life sciences | TMT

  • BSkyB on its high-profile legal action against EDS for deceit, negligent misrepresentation and breach of contract. The claim relates to EDS’ former role as a supplier of services to BSkyB as part of the Group’s investment in Customer Relationship Management (CRM) software and infrastructure
  • Eurotunnel on ground-breaking successful arbitration valued at approximately £30 million against the British and French governments for failing to resolve problems relating to clandestine migrants entering the UK
  • Goldman Sachs on successful Commercial Court proceedings commenced by a Belgian investment fund seeking damages in excess of €100 million for negligence claim
  • Nokia on co-ordinating aspects of its worldwide litigation with Qualcomm as to the licensing of patents in the cellular phone industry. The case was settled favourably for our client
  • Telekom Malaysia Berhad on its long running US$170 million Bilateral Investment Treaty dispute with the Republic of Ghana concerning Telekom Malaysia’s investment in Ghana Telecom
  • TNK-BP on corporate governance, employment, tax and migration issues arising from the shareholders' dispute and the related administrative pressures and Russian court proceedings, including advising in respect of financing issues

Client case study
The explosion in December 2005 at the Buncefield Terminal owned by Chevron and Total made headlines around the world. It was the biggest explosion in Europe since the Second World War and led to claims from 4,000 individuals and businesses exceeding £750 million.

Herbert Smith is one of five firms on Chevron’s panel of external legal advisers and our exceptional reputation for contentious and litigious work and our strength in the energy sector made us a clear choice to advise the American business.

At the start of trial in October 2008 Total and the joint venture company, Hertfordshire Oil Storage Limited, admitted that the damage could have been foreseen. This has led to the Claimants seeking numerous and substantial interim payments. The main issue left to be decided now is whether it was Total or the joint venture company who had responsibility for the way the terminal was run. Chevron’s interest arises from the fact that it is the other joint venture partner and is liable to indemnify the joint venture company against its liabilities to the Claimants.

We have been advising Chevron on every aspect of the civil and criminal proceedings resulting from the explosion. Four of our partners are leading on the case: Ted Greeno and Caroline Kehoe of our dispute resolution practice and Howard Watson and Martin Bakes of the insurance and re-insurance litigation practice. They are being assisted by a number of associates and trainees.

The trial is remarkable not just because of the scale and nature of the claims, but because of the legal talents involved – arguably the UK’s three top commercial QCs have been in court together.