Commercial Disputes

Watson has been involved in some of the biggest commercial disputes in the courts in recent years, which have regularly involved him in issues of disclosure, privilege, conflicts of laws, forensic accountancy and foreign law experts. He is equally at home in the Commercial Court and Chancery Division, and is familiar with the technology involved in modern commercial trials, including online trial bundles and disclosure databases, the e-disclosure protocol and simultaneous interpretation.

He has a particular interest in jurisdictional and private international law disputes, and has recently written articles and been invited to deliver seminars and webinars on jurisdictional issues including the impact of the Brussels Regulation Recast and Brexit.

Cases include: 

• MAD International BV v Manes (2020-): Junior Counsel for the Defendant, the chef Axel Manes, in a fraud claim surrounding the well-known chain of restaurants Atelier Joel Robuchon.
• Watchstone v PwC (2020-): Junior Counsel for the Claimant in a claim for damages for breach of confidence and unlawful means conspiracy in relation to an illicit meeting between the Claimant’s adviser and an adviser to its counterparty in a large commercial transaction at which the Claimant alleges that its confidential information was divulged.
• Recovery Partners & anr v Rukhadze & ors (2016 -): Junior Counsel for the Defendants in a claim for an account of profits for breach of fiduciary duty arising out of the alleged diversion of a corporate business opportunity to provide asset recovery services.
• Slater & Gordon v Watchstone (2016-19): Junior Counsel for the Defendant in a claim in the Commercial Court for £637 million in damages for fraudulent misrepresentation and breach of warranty arising out of the sale of the personal injury law firm Quindell in 2015.
• Blue Tropic & anr v Chkhartishvili (2015-17): Junior Counsel for the Claimant (and sole Counsel in a number of applications) in a claim by two BVI companies for damages under the Georgian law of delict in relation to the misappropriation of real estate assets in Georgia worth millions of dollars. The case involved a protracted jurisdiction dispute in relation to the reflexive application of the Brussels I Regulation (and subsequent appeal): [2014] EWHC 2243 (Ch); [2014] I.L.Pr. 33; a two-week trial in the Chancery Division: [2015] EWHC 3640 (Ch); a forum non conveniens stay application: [2015] EWHC 3260 (Ch); a substantive permission to appeal application: [2016] EWCA Civ 816; and an appeal to the Court of Appeal: [2016] EWCA Civ 1259.
• Gudavadze & ors v Anisimov (2014): Junior Counsel for the Claimants in their claim for over $1.5 billion in damages, based on an oral agreement as to the use of $600 million of the proceeds of sale of a shareholding in a large metals business.
• Berezovsky v Hine & ors [2012] EWHC 2463 (Comm); (2012) 109(37) L.S.G. 18: Junior Counsel for the Family in claims brought by Boris Berezovsky against the Family of Arkadi Patarkatsishvili, based on oral joint venture agreements allegedly made between them in the 1990s and in 2000 in relation to all of their respective business interests.

Civil Fraud & Asset Recovery

Watson is particularly effective in fraud cases, and is experienced in both obtaining and resisting the full range of pre-action and interlocutory remedies that typically arise, including freezing injunctions and orders under the Norwich Pharmacal and Bankers Trust jurisdictions.  He has worked alongside criminal investigations and private prosecutions, and with IT and accounting experts, to locate stolen assets. He is experienced and effective in cross-examination, a skill that he honed during his early practice in frequent multi-day trials in the county courts.

Cases include: 

• MAD International BV v Manes (2020-): Junior Counsel for the Defendant, the chef Axel Manes, in a fraud claim surrounding a joint venture in relation to the well-known chain of restaurants Atelier Joel Robuchon.
• Abdulrida & ors v Larry & ors (2020): Sole Counsel for D13 and 14 in a claim in dishonest assistance and knowing receipt arising out of investments made by Kuwaiti investors in a UK property business.
• Watchstone v PwC (2020-): Junior Counsel for the Claimant in a claim for damages for breach of confidence and unlawful means conspiracy in relation to an illicit meeting between the Claimant’s adviser and an adviser to its counterparty in a large commercial transaction at which the Claimant alleges that its confidential information was divulged.
• Recovery Partners & anr v Rukhadze & ors (2016 -): Junior Counsel for the Defendants in a claim for an account of profits for breach of fiduciary duty arising out of the alleged diversion of a corporate business opportunity to provide asset recovery services.
• Slater & Gordon v Watchstone (2016-19): Junior Counsel for the Defendant in a claim in the Commercial Court for £637 million in damages for fraudulent misrepresentation and breach of warranty arising out of the sale of the personal injury law firm Quindell in 2015.
• Blue Tropic & anr v Chkhartishvili (2015-17): Junior Counsel for the Claimant (and sole Counsel in a number of applications) in a claim by two BVI companies for damages under the Georgian law of delict in relation to the misappropriation of real estate assets in Georgia worth millions of dollars. The case involved a protracted jurisdiction dispute in relation to the reflexive application of the Brussels I Regulation (and subsequent appeal): [2014] EWHC 2243 (Ch); [2014] I.L.Pr. 33; a two-week trial in the Chancery Division: [2015] EWHC 3640 (Ch); a forum non conveniens stay application: [2015] EWHC 3260 (Ch); a substantive permission to appeal application: [2016] EWCA Civ 816; and an appeal to the Court of Appeal: [2016] EWCA Civ 1259.
• Gudavadze & ors v Anisimov (2014): Junior Counsel for the Claimants in their claim for over $1.5 billion in damages, based on an oral agreement as to the use of $600 million of the proceeds of sale of a shareholding in a large metals business.
• Berezovsky v Hine & ors [2012] EWHC 2463 (Comm); (2012) 109(37) L.S.G. 18: junior Counsel for the Family in claims brought by Boris Berezovsky against the Family of Arkadi Patarkatsishvili, based on oral joint venture agreements allegedly made between them in the 1990s in relation to all of their respective business interests.
• Roder v West & anor [2011] EWCA Civ 1126; [2012] QB 752; [2012] 3 WLR 469; [2012] 1 All ER 1305; [2012] 1 All ER (Comm) 659; (2011) 161 NLJ 1450; [2011] NPC 101: sole Counsel for the Appellants in an appeal to the Court of Appeal relating to the interpretation of the Statute of Frauds (Amendment) Act 1828 in a claim in deceit.

International & Offshore

Watson has a particular interest in cases involving private international law issues. He is very familiar with the international law points which regularly arise in large scale cross-border commercial litigation, such as pleading and liaising with experts in relation to, foreign law. He is also experienced in jurisdiction challenges, applications for stays on jurisdiction grounds, and applications for assistance under the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters 1970.  He has regularly given seminars and webinars, and has written articles and chapters of texts, on international law issues, in particular the workings of the Brussels Regulation Recast and the effect of Brexit on the UK’s jurisdiction and choice of law rules.

Cases include:

• Re Dalnyaya Step (Browder v Nogotkov) [2018] Bus L.R. 789; [2019] B.C.C. 23: An application to set aside an order made under the Cross Border Insolvency Regulations 2006, recognising a Russian insolvency in the English courts. The basis for the challenge was that the process was being abused by the Russian government to enable it to persecute Bill Browder, a well known businessman and human rights activist.
• Blue Tropic v Chkhartishvili [2016] EWCA Civ 1259: An appeal to the Court of Appeal in relation to the application of s.35 of the Limitation Act 1980 to an amendment to introduce what was said to be a new cause of action under Article 990 of the Georgian Civil Code.
• Blue Tropic v Chkhartishvili [2014] EWHC 2243 (Ch): A jurisdiction challenge based on the claimed reflexive application of the Brussels I Regulation (following the decision in Ferrexpo) to a dispute concerning the beneficial ownership of a company in the BVI, in circumstances where there was parallel litigation ongoing in both the BVI and Georgia.
• Blue Tropic v Chkhartishvili [2015] EWHC 3260 (Ch): an application for a case management stay based on the existence of parallel foreign proceedings which were proceeding through the appeal courts ahead of the English proceedings, despite having been issued later.
• Gonchorova v Zolotova [2015] EWHC 3061 (QB): An application under the Evidence (Proceedings in Other Jurisdictions) Act 1975, alternatively under s.25 of the Civil Jurisdiction and Judgments Act 1982, for an order requiring bodily samples from a deceased Uzbekh businessman, which were being held by the Westminster coroner, to be sent to Russia for testing to determine the Applicant’s paternity and therefore whether she was entitled to a half share of his billion dollar estate.
• Official Receiver v Mitterfelner [2009] BPIR 1075: A contested application to annul an English bankruptcy order on the basis that the debtor’s centre of main interests was in Germany rather than England.

Company, Partnerships & LLPs

Watson has acted in a number of company and partnership (including LLP) matters, in particular shareholder disputes involving unfair prejudice petitions, derivative actions and winding-up under the just and equitable jurisdiction. 

Insolvency & Restructuring

Watson is regularly instructed in insolvency disputes, particularly those that involve allegations of fraud or jurisdictional issues. He has acted in private examinations and claims involving transactions at an undervalue, wrongful trading, misfeasance, and phoenix companies. He has been involved in two significant cases under the Cross-Border Insolvency Regulations 2006, and has also acted in cases concerning the centre of main interests of a German bankrupt, and whether a debtor has “carried on a business” in the UK for the purposes of s.265 of the Insolvency Act 1986.

Cases include: 

• Re Tanmon Ltd (2019): Sole Counsel for the successful Respondent, a successful interior designer, in an application under s.234 of the Insolvency Act 1986  for delivery up of monies paid to her by her ex-husband’s nightclub company.
• Re Dalnyaya Step LLC; Browder v Nogotkov [2017] EWHC 3153 (Ch): Junior Counsel for the successful Applicants in an application to set aside a recognition order under the Cross Border Insolvency Regulations 2006 made on the ex parte application of the purported Russian liquidator of a Russian company. The Applicants’ case was that the recognition order was the latest manifestation of a politically motivated campaign by the Russian state against Bill Browder, a well-known human rights activist.
• Re Powa Group Companies [2017]: Junior Counsel for the Applicants in relation to rival applications to appoint administrators over the Powa group of companies, the main asset in the administration being a claim in damages in relation to the sabotage of a tech start-up with a multi-billion pound valuation.
• TST Group Limited [2012] EWHC 4059 (Ch): sole Counsel for the company in a disputed debt winding up petition involving the application of the principles set out by the Court of Appeal in BNY Corporate Trustee Services v Eurosail.
• Official Receiver v Mitterfelner [2009] BPIR 1075: sole Counsel for the debtor in the trial, on the OR's application to annul, of his centre of main interests (COMI) for the purposes of the EC Regulation.

Professional Negligence

Watson has acted in professional negligence disputes involving various different professions, including lawyers, auditors and builders. He is presently instructed in a £14 million auditors’ negligence claim brought by Watchstone Group plc against KPMG, involving an allegation that a significant dividend was paid unlawfully on the basis of the relevant audit.