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About

I specialise in commercial litigation and arbitration. I head the Insurance and Reinsurance team which mainly represents policyholders and captives in coverage disputes against (re)insurers.

I have over 25 years' experience of litigation, arbitration and mediation in commercial disputes, often with international and civil fraud elements, with a particular focus in insurance and group actions.

My job is to successfully navigate clients to the end of a dispute process as efficiently and effectively as possible.

I primarily act for policyholders in the financial services, pharmaceutical, energy, retail, manufacturing, construction, utilities and transport sectors to recover insurance indemnities properly due under construction all-risks, product liability / recall, professional indemnity, property, business interruption, D&O, employers' liability, public liability, political / credit risk, corporate crime (1st and 3rd party) and cyber / privacy insurance policies.

I also specialise in reinsurance coverage disputes and have acted in leading cases Wasa v Lexington (House of Lords judgment concerning US pollution losses) and Aioi v Heraldglen (arising from the 9/11 World Trade Centre losses) and have recently represented reinsurers in a $500 million LCIA political risk expropriation coverage arbitration, and a $100 million political risk coverage dispute relating to the 2021 Zuma riots in South Africa.

My commercial disputes practice involves both defendant work, such as miss-selling, professional negligence and breach of contract / warranty claims, and claimant work where I have an established expertise in litigation funding, ATE cover and group actions.

I have acted in numerous ad hoc and institutional arbitrations, particularly those governed by the LCIA, ICC and SCC Rules, which has become an increasingly popular option for my clients, especially with enforcement to mind.

Outside of work, I have now firmly hung up my rugby boots, but still love watching rugby and currently coach junior players. I am a passionate free-diver and spear-fisherman, fly fisherman and beekeeper. When my kids allow me time off, I also get involved in various field sports!

Contact Garbhan

Experience

  • (Re)insurance: Specialised Vessel Services Ltd v Meridian Risk Solutions Ltd (CL-2021-000681) (Comm) (live litigation), Minster Insurance Co Ltd v Simcoe & Erie General Insurance Co [28 March 2014] (Comm), Aioi Nissay Dowa Insurance Co Ltd v Heraldglen Ltd and Another [2013] EWHC 154 (Comm), Wasa & AGF v Lexington Insurance Co [2009] UKHL 40, Korea National Insurance Corporation v Allianz Global Corporate & Specialty AG [2007] EWCA Civ 1066, Midland Mainline Ltd. & Ors v Commercial Union Assurance Company Ltd. & Ors [2003] EWHC 1771 (Comm) & WAGN Railway Ltd & Others v St Paul International Insurance Company
  • Banking: Farol Holdings Limited & Ors v (1) Clydesdale Bank PLC (2) National Australia Bank Limited [2023] EWHC 668 (Ch), Aggreko International Projects Ltd v (1) Sumitomo Mitsui Banking Corporation (2) United Bank Limited (Yemen) (3) Al Sadi Trading Group [2021] (Comm), United Bank Limited v (1) SAS Thales Communications & Security (2) SA Crédit Agricole Corporate and Investment Bank [22 February 2018] n° 17/01135 Cour d'appel de Versailles, Basma Al Sulaiman v (1) Credit Suisse (2) Plurimi Capital LLP [2013] EWHC 400 (Comm)
  • Commercial Disputes / Civil Fraud: Invest Bank v (1) Ahmad Mohammad El-Husseini (2) Mohammed El-Husseiny & Ors [2022] EWHC 894 (Comm), Aeroflot v (1) Boris Berezovsky (2) Nikolay Glushkov [2012] EWHC 3017 (Ch), Deep Vein Thrombosis and Air Travel Group Litigation [2003] EWCA Civ 1005 [2004] 1 Lloyd's Rep. 316
  • Arbitrations: Acted for state owned entities, pharmaceutical, energy, aviation and tech companies relating to disputes mainly in the US, UK, France, Pakistan, Africa, Yemen and the Middle East.
  • Group Actions: Representing 900+ SMEs in a High Court proceedings against Clydesdale Bank PLC and National Australia Bank alleging that the banks improperly charged customers break costs and charged hidden profit margin within interest rates (live litigation), instructed by Business Energy Litigation to recover unlawful payments by energy suppliers to brokers of secret commissions.

Expertise

Dispute Resolution

Commercial Litigation

International Arbitration

Insurance

Group Litigation

Litigation Funding

Insurance

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