News

Duncan Lewis' Commercial Litigation team has succeed in obtaining a $6.5 million judgment at the Commercial Court with indemnity costs on their application. Director, Sobashni De Silva along with solicitors, Kulwant Sokhal and Thomas Clark and paralegal, Paige Evans assisted their high-net worth corporate client to obtain this judgment in a technically complex cross-border litigation dispute. The matter tested the team’s technical legal skills involving a complex lending agreement, continuation of loan facility with third party investors, foreign expert reports, asset tracing, advice on freezing injunction and technical issues of service outside jurisdiction including alternate service of a claim. The dispute arose from a loan facility agreement entered into between SES Ltd and Mr. V and his company in 2012 to borrow up to £2.5m, and increased to £5m, at an agreed commercial rate of interest. The loan funds were for a new business project with an international third party. Unfortunately, Mr V failed to continue making repayments on the borrowed funds and evaded all demands for payment. Despite assurances, loan facility sums in excess of £5m remained outstanding together with accruing interest. Sobashni, Kulwant and Thomas donning their detective hats to investigate Mr V, his company and the complex financial background to the case laid out an effective path to conducting these proceedings. Advising the client thoroughly on the Worldwide Freezing Order, the team worked closely with foreign experts and investigators. Investigations continued at pace and proceedings were successfully issued in the UK and served in Nigeria. This was made easier thanks to the team’s wide contacts with foreign experts and collaboration with a leading law firm in Nigeria, Streamsowers & Kohn. In England they instructed senior counsel at Maitland Chambers. The team successfully obtained two assistive orders, following successful applications, to overcome these obstacles and opened the door for the client to obtain judgment for US$ and GBP £6.5 million combined judgment. The client also obtained an Order for Costs in their favour whilst having paid Duncan Lewis over £150,000 to date. Going forward, the team will be working with the Irish police to enforce a 1.7million euro transfer now frozen in Ireland belonging to Mr. V. They will also pursue enforcement action in Ghana and Nigeria. Duncan Lewis’ specialist litigation lawyers provide expert advice and representation on all civil and commercial litigation matters. The team is ranked in the Legal 500 UK 2023 for its outstanding Commercial Litigation practice across London and the South East. For information and expert advice on any litigation matter, contact Sobashni De Silva via email sobashnid@duncanlewis.com or via telephone 02031141180. Sobashni, "a standout Partner that is excellent with clients", is a recommended lawyer in the Legal 500 UK 2023 edition for her Professional Negligence and Debt Recovery work across London and throughout the Southeast.