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Mr. Micklethwaite has over 25 years of experience in handling complex litigation and business disputes. He acts for hedge funds, corporations and individuals in both litigation disputes and regulatory investigations, in the UK and worldwide. In recent years, Mr. Micklethwaite has also acted extensively for Russian and international businesses in complex disputes concerning investments into the Russian Federation and CIS states.
Representative Matters
• Representing FAZ Aviation, an international broker, in a $125m fraud dispute over the purchase of an aircraft for the Islamic Republic of Iran from the Sultan of Brunei.
• Assisting FAZ Aviation to challenge the jurisdiction of the English courts in a claim brought by the Islamic Republic of Iran.
• Acting for a telecommunications company in relation to two frauds that were perpetrated against the Company in 2005. The Defendants are entities and individuals based in the Isle of Man who are believed to have facilitated these frauds. The case involves complex multi-jurisdictional issues because monies appear to have been misappropriated from the Company through a network of vehicles in the Isle of Man, BVI and Liberia. Actions to date have included obtaining freezing injunctions and disclosure orders and complex conflict of law questions.
• Representing major hedge funds in relation to the bankruptcy of the £2.1 billion TXU Europe utilities group and in particular bringing unfair prejudice proceedings to challenge the Scheme of Administration being put forward by KPMG, the group joint administrators.
• Representing Government of Indian State of Maharashtra in defence of a claim for US$300 million brought by a US consortium (Enron, Bechtel and GE) over the cancellation of a contract for the construction of power station at Dabhol near Bombay in 1995/1996.
• Subsequent representation of the Government of Maharashtra and the Government of India (until September 2004) arising out of further international commercial arbitration proceedings concerning the Dabhol project, including representing the GOI in bilateral investment treaty proceedings involving claims of US$6.5 billion.
• Acting for Caribbean Government in substantial ICSID arbitration proceedings arising out of oil exploration contracts.
• Acting for a UK investment bank and various other banks in relation to a range of sovereign debt claims against Zambia, Cameroon and Congo, which resulted in successful judgments against the Central Banks of all three countries and extensive freezing orders and enforcement strategies in support of those judgments.
• Acting for a major banking group in relation to a £160 million claim by the Central Bank of Ecuador arising from the collapse of the country’s major financial and corporate conglomerate. This has involved acting as lead partner in relating to both the litigation before the Bahamian High Court and parallel, fraud and RICO litigation in the United States.
• Acting for the Government of Nigeria in relation to the misappropriation of assets by the late President, General Sani Abacha, including bringing proceedings against various banks and individuals to trace and identify $1.5 billion of state assets misappropriated by the late President and his family.
• Successfully representing the bank in its defence of English High Court proceedings involving a £70 million fraud claim brought by a Swedish fund management company (Trustor AG) against its former controllers and various banks relating to the wrongful transfer of client funds.
• Acting for a well known family in a major shareholder dispute concerning the wrongful transfer of call option rights valued at approximately US$250 million prior to the planned IPO of the business.
• Currently acting for key individuals in high profile SFO investigations, as well as having represented key individuals in SFO investigations relating to Butte Mining plc, Resort Hotels plc, Maxwell and Blue Arrow.
• Representing two high profile individuals in the UK’s “Cash for Honours” investigation.
• Acting for a leading Russian businessman in an investigation by the Special Compliance Office of the UK revenue authorities into the operation of non-domiciled tax status.
• Acting for a major UK fund management company in relation to an internal investigation and inquiry resulting from mis-selling allegations and conflict of interest issues affecting the marketing of certain of their funds.
• Acting as lead partner for IMRO in relation to their largest ever investigation arising from the Peter Young/Deutsche Morgan Grenfell affair concerning allegations of misappropriation and impropriety in relation to certain of their leading funds.
• Acting for a number of major life assurance companies and pension providers in the FSA’s mis-selling investigations.
• Representing brokers, managers and other regulated firms in over 20 FSA disciplinary cases in relation to improper sales, analyst issues, market abuse and other market manipulation issues.
Bar Admissions & Memberships
• Admitted, England & Wales
• Member, American Bar Association
• Member, International Bar Association
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