Headed by Steven Philippsohn, who has over 30 years of experience litigating in the English High Court and appellate courts, as well as overseas courts, PCB is often brought in to bolster existing legal teams, provide strategic oversight and manage the various legal teams who are conducting actions across multiple jurisdictions (even where there may be no connection with English law or the jurisdiction of English courts). In some cases, we are asked to provide second opinions on the merits and strategy. In other cases we are asked to take over the conduct of the proceedings, even when there may be only a few weeks left before trial. The aim is always to achieve the solution that the client wants as quickly and efficiently as possible.
Often the strategy involves putting the client into the best negotiating position and trying to find a commercial resolution for the client. We are experienced in mediation and in negotiating complex settlements of claims ranging up to many hundreds of millions of dollars, sometimes involving corporate/commercial transactions across multiple jurisdictions and/or settlement of foreign proceedings.
The complexity of the issues which we sometimes have to address in seeking to find solutions for our clients means that many of our cases have over the years been before the Supreme Court, House of Lords, Privy Council and Courts of Appeal in England, Cayman, BVI, Cyprus and Sweden.
Examples of cases in which PCB has been brought in to achieve an effective solution for the client include:
Replacing a team of lawyers a month before the trial on liability on a US$70m, where the client had lost every previous application and been told by one Judge that its defence on liability was virtually non-existent. We bolstered the defence and, after the trial was adjourned, we obtained an order striking out the claims.
Being brought in to act for one of a number of defendants to a US$35m claim, to work with the existing lawyers for the defendants. Within a few months we had the proceedings struck out and obtained freezing orders in 4 jurisdictions to enforce the defendants’ costs
Replacing a team of defence lawyers 2 months before a 5 week trial of a US$100m claim and having to deal with the preparation of extensive witness and expert evidence in a very short space of time to be ready for trial. In the meantime, the Claimants failed to prepare, so the trial was adjourned and the Claimants ordered to pay large costs orders to PCB’s clients and provide security for costs of £1m.
Being brought into a case to work with a bank’s existing solicitors on evidence to discharge an injunction granted against a bank, to prevent the bank enforcing security in respect of loans of more than US$1bn.
Providing strategy reports on a number of cases at the outset of litigation/arbitration before being instructed to implement that strategy.
Being asked by banks and other clients to manage lawyers in multiple jurisdictions in respect of the recovery of assets.