Ned Beale

Examples of Ned’s commercial disputes work include acting for:

• A group of Members of Parliament and Peers intervening in Pakistan International Airline Corp v Times Travel [2021] UKSC 40, the first time that the Supreme Court established and defined the test for economic duress.
• US art lender Athena successfully obtaining the dismissal of English proceedings against it concerning the ownership of the artwork “Humidity” by Jean-Michel Basquiat (reported at [2020] EWHC 3527).
• Several multinational clients giving advice on termination and suspension rights flowing from the effect of Covid-19 on their commercial contracts. 
• Entrepreneur business founders successfully defending substantial breach of warranty claims made by their buyers after sale of the businesses. These claims typically involve heavy accountancy evidence. 
• West African mining company Sierra Rutile in a $40 million Commercial Court claim against its insurers and reinsurers following the loss of its bucket line dredge.  After extensive factual evidence including site trips to rural Sierra Leone, the claim was successfully settled in mediation. 

*Some of the above work took place at a previous firm.

Ned’s commercial fraud practice encompasses many instances of obtaining and defending freezing injunctions in the English High Court and offshore jurisdictions, as well as pursuing enforcement and asset recovery claims, often with an insolvency element.  Examples includes acting for:

• PJSC Pharmaceutical Firm "Darnitsa" obtaining a worldwide freezing order against pursuant to s.25 of the Civil Jurisdiction and Judgments Act 1982 in support of substantive Ukrainian derivative proceedings. The without notice injunction was successfully upheld after a fully contested set-aside hearing (reported at [2021] EWHC 1441).
• The claimants in a dispute concerning the misappropriation of the profits of a family business. Included enforcing Bahraini judgments of c. £20 million in England, coordinating the freezing of an English country estate by the Jersey court and pursuing a claim under s.423 of the Insolvency Act 1986.  The Jersey injunction was successfully upheld on a fully contested set-aside hearing (reported at [2019] JRC 23). The pleading of fraud in the s.423 claim was upheld after the defendants’ strike-out application was successfully defended (reported at [2020] EWHC 3477).  The matter was then successfully resolved in mediation, concluding two decades of litigation in Bahrain and England.
• A public sector body dealing with the theft of its assets by a member of its senior executive management, including handling the investigation phase, pursing claims, obtaining security and negotiating the civil settlement. The matter was widely reported in the UK national press.
• The lead defendant in the injunctive phase of the lead UK Madoff litigation, Madoff Securities v Raven & Ors [2011] EWHC 3102. A claim for c. £25 million was successfully dismissed for lack of jurisdiction.

*Some of the above work took place at a previous firm.

Ned has extensive international arbitration experience, including recently acting:

• For Irish airline CityJet against an Irish lessor, Russian manufacturer and Italian service company in a substantial dispute in LCIA arbitration concerning CityJet's fleet of SuperJet 100 aircraft.
• As lead advocate in a Ukrainian oligarch dispute in LCIA arbitration featuring multiple interim applications and an evidential hearing involving 30 factual and expert witnesses.
• As lead advocate for a Middle Eastern aerospace business in a dispute with its largest customer, including obtaining two eight figure LCIA awards. Those awards were recognised by the Colombian Supreme Court pursuant to the New York Convention 1958 (reported at Vertical de Aviación SAS v AAL Group Limited/ 49784) and were the basis of an English freezing injunction (reported at [2018] EWHC 2806).
• For a US energy company in a dispute with one of its central European customers, a state-owned energy concern. Acted as advocate to obtain an eight figure LCIA award; then managed the enforcement of the award, including via parallel court proceedings and instructing investigation agents successfully to conclude a cash settlement.  
• In an ICC arbitration for a well-known figure in US politics against a UAE based property business in a dispute concerning a Caribbean hotel development.
• In an ad hoc arbitration concerning the ownership and control of a US/UK telecoms business. 
• In long-running LCIA and UNCITRAL arbitrations concerning the ownership of a Nigerian telecoms business

Ned has lectured on international arbitration at ICC, LCIA, CIArb, LIDW, PAW, ABA-SIL and AIJA conferences. For over 10 years he has taught a class at City University, London “A Practitioner’s View of International Arbitration”. He is the author of the Westlaw UK Insight Guide “Arbitration: Enforcement” and academic articles on international arbitration subjects.

*Some of the above work took place at a previous firm.

Ned’s experience includes acting for:

• The claimant in R (on the application of All-Party Parliamentary Group on Fair Business Banking) v Financial Conduct Authority, in its application to challenge the lawfulness of the decision of the FCA not to establish a mechanism of redress following the exclusion of thousands of bank customers from the FCA’s compensation scheme relating interest rate swap mis-selling, an action widely covered by the UK’s business press.
• The All-Party Parliamentary Group on Fair Business Banking in its successful intervention in Sevilleja v Marex Financial [2020] UKSC 31. A landmark judgment, which reshaped the 'rule against reflective loss' and was the first ever intervention by Members of Parliament in the Supreme Court.
• A publicly funded body addressing issues which had arisen with its syndicate of lenders in connection with the operation of a 30-year, £200 million loan facility. These were successfully resolved when the threat of litigation led to the renegotiation and restatement of the facility.
• A Cayman Islands SPV successfully to obtain payments under an ISDA in a dispute arising out of the wind-up of a Lehman Brothers structure (reported at Europa Plus v Anthracite Investments (Ireland) [2016] EWHC 437).
• For the lead defendant successfully obtaining the dismissal of all claims made by a lender after a four-week High Court trial involving multiple factual witnesses (reported at Bibby v Magson & Ors [2011] EHWC 2495). 

*Some of the above work took place at a previous firm.

Ned’s aviation experience includes acting for:

• A Ukrainian aviation business in insurance claims in respect of aircraft lost during the invasion of Ukraine by Russia.
• Iris Helicopter Leasing successfully obtaining summary judgment against its lessee for unpaid rent, default interest and delivery up of the aircraft (reported at [2021] EWHC 2459)
• TWC Aviation Capital successfully obtaining a Commercial Court judgment of $24 million against Indian airline Jet (reported at [2020] EWHC 1272).
• Irish airline CityJet against an Irish lessor, Russian manufacturer and Italian service company in a substantial dispute in LCIA arbitration concerning CityJet’s fleet of SuperJet 100 aircraft.
• The lessor and operator of a Boeing 737 which was a constructive total loss after a heavy landing to bring and successfully resolve a claim in the Commercial Court against its reinsurers pursuant to a cut-through clause.
• The principal investor into a private airline to secure its assets in a shareholders’ dispute; successfully freezing an aircraft in England and coordinating further injunctive relief against aircraft in Europe and Africa.
• The aviation division of a European bank, appointing a receiver successfully to sell a private jet, against the defaulting borrower’s wishes.

*Some of the above work took place at a previous firm.