Paul Brehony

Partner in the Commercial Litigation Department, Stewarts Law LLP

• +44 (0)20 7822 8059
• pbrehony@stewartslaw.com

Specialisations

Paul has extensive experience of a broad range of complex multi-jurisdictional commercial disputes, often with a heavy investigative bias. His cases include:

- Contractual disputes
- Contentious insolvency
- Professional negligence actions
- Contentious IP proceedings and insurance claims
- Banking and financial services; and
- Fraud

Paul's relevant experience includes:

- Defending various complex proprietary claims brought by a Swiss entity and the Federal Government of Nigeria; including applications to discharge freezing orders; an 8 week preliminary issue trial; including a separate 3 day hearing before the Court of Appeal and 24 interlocutory applications; deposition hearings in USA, Switzerland, etc. Project managing satellite proceedings and liaisons with investigators, forensic accountants and witnesses as necessary. (Compagnie Noga d'Importation et d'Exportation SA v Abacha) [2001] 3 All E.R. 513; [2001] C.P. Rep. 93; (2001) 151 N.L.J. 693;

- Claim on behalf of Dutch Oil procurement entity against its bankers arising from a fraud perpetrated on it by a senior employee; (Ultimately mediated to settlement following disclosure.)

- FSA regulated Fund Management LLP dispute (heavy five-day ad hoc arbitration); acting for expelled member; dealing with allegations and counter allegations concerning the fitness and probity test for FSA registration and other regulatory issues. Dealing satellite litigation in Companies and Bankruptcy Courts.

- Acting for Administrator of Swedish based Insurance Company (in run off) in relation to claims against directors and former professional advisers; dealing with prior transactions claims and advising in relation to various actions under the companies Act, Insolvency regime, the Solicitors Act and in fraud.

- Acting for a property plc in proceedings concerning an option to purchase/develop the Chavasse Park site in Liverpool and the Council's alleged failure to deal with the developer in good faith. Liverpool City Council -v-Walton Group [ 2001] All ER (D) 359 (Jul)

- Defending Part 20 Claim brought against foreign steel works in Technology and Construction Court arising from allegedly defective forgings. Heavy interlocutory challenges to the jurisdiction of the English Court - eventually mediated to settlement;

- Defending same foreign steelworks in an LCIA Arbitration (Jeremy Cooke QC sole Arbitrator) brought by its UK agents arising from the termination of its Agency Agreement. (Claim won following the identification of secret profits taken by the agent).

- Acting on behalf of Swiss based financial services companies in a dispute with a multi-national brewer concerning its claims for commission under an agreement whereby it brokered the acquisition of a smaller national brewer by the said multinational - UNCITRAL Arbitration - Arbitration panel comprising Lord Grabiner, Ken Rokison and VVV.Veeder;

- Acting for US based health insurers in an application challenging (as contingent creditor) BAT's Scheme of Arrangement whereby it hived off its financial services and tobacco arms into a separate entities. In the matter of BAT Industries plc (Chancery Division (Companies Court) 3 September 1998).

- Cabinet Office Administrative Burdens project. Reviewing insolvency legislation, nuclear industry legislation (amongst others) to identify and measure the administrative burden imposed by the Government on businesses.

- Prosecuting various delinquent employee cases on behalf of employers in 'staff poaching' cases where employees breached employer's restrictive covenants. Procuring injunctive relief and liaising with PwC Forensics as necessary to identify conspiracy/breaches of the contract.

- AIM prospective misrepresentation claim. Defending statutory/tortuous claims by institutional and individual shareholders against the company/directors/advisors - whether those responsible for prospectus owed a duty of care to subsequent purchasers in the aftermarket (Possfund Custodians -v- Diamond Group 1 WLR [1996] 1351).

- Judicial Review cases. Accounting for Accountants Regulatory Body (ACCA) defending applications for judicial review of decisions made by its Disciplinary Tribunal (R -v- The Chartered Association of Certified Accounts (ex parte) Wilson [1994] 2 BD 730).

Publications

Paul's articles and cases have appeared in:

New Law Journal;
Journal of International Banking and Financial Law;
Solicitors Journal;
Private Client;
Quarter In law.

Career

Trained, qualified and spend 3 years in Simmons and Simmons' Dispute Resolution Group;
Travelled in Central and South America for 18 months;
5 years as Litigator in SJ Berwin's Dispute Resolution team;
6 years at PwC Legal, latterly leading the Commercial Litigation Group;
Joined Stewarts Law LLP as a partner in 2010.

Memberships

London Solicitors Litigation Association;
British Association of Sports Lawyers;
Association of International Arbitration.