Richard Hacker QC
Contact details:
3-4 South Square, Gray’s Inn, London WC1R 5HP.
Telephone +44 (0)20 7696 9900. Fax +44 (0)20 7696 9911. LDE 338 (Chancery Lane).
Email richardhacker@southsquare.com. Web www.southsquare.com
Education:
MA (Downing College, Cambridge) 1976
Postgraduate Licence Speciale en Droit Europeen (University of Brussels) 1978
Scholarships and academic prizes:
Wiener Anspach Scholarship awarded by the University of Cambridge
Hardwicke Scholarship awarded by Lincoln’s Inn
Student of the Year Prize awarded by Lincoln’s Inn
Professional career:
Called to the English Bar (Lincoln’s Inn): 1977
QC: 1998
Member of the North American Committee of the English Commercial Bar Association (1995)
Appointed to chair a Public Inquiry into the Parliamentary constituency boundaries for the county of Hertfordshire (2001)
Appointed by the London Court of International Arbitration as a member of the tribunal adjudicating on disputed claims arising in the TXU insolvency (2011)
Called to the Bars of the British Virgin Islands (full admission in 2003) and Bermuda, the Cayman Islands and the Isle of Man (on an ad hoc basis)
Provided expert evidence of English, Bermuda, BVI, Cayman Islands and Turks & Caicos law in relation to proceedings taking place in New York, New Hampshire, Singapore, Italy, Belgium. Spain and Scotland
Areas of practice:
A mixed litigation and advisory practice involving many aspects of business and commercial law. Specialisms have developed and evolved over the years and have included the following :-
General commercial litigation involving contractual and banking disputes and professional negligence claims
Multi-jurisdictional disputes involving parallel or competing proceedings (both court and arbitration proceedings) in different jurisdictions, including extensive experience of the use of anti-suit injunctions
Seeking interlocutory remedies intended to secure and otherwise preserve assets and evidence, or found jurisdiction in an appropriate forum
Shareholder disputes in a range of jurisdictions including Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey and Hong Kong
Major corporate Insolvencies and the substantial litigation stemming from them
Schemes of arrangement and restructurings, both generally and specifically in the area of insurance companies
Litigation arising out of the collapse of offshore investment and mutual funds
Company law and corporate governance issues
First instance and appellate work before the English, Bermuda, British Virgin Islands Cayman Islands and Isle of Man courts, including offshore Courts of Appeal, the House of Lords and the Privy Council
Experience of guiding and assisting in the conduct of litigation in other offshore jurisdictions in which English Barristers cannot be accorded direct rights of audience (Jersey, Guernsey, the USA, Canada, Abu Dhabi and Kuwait)
Examples of work undertaken (in reverse chronological order):
Advising in a major shareholder dispute in Guernsey (with potential ancillary proceedings in the BVI) between the owners of a Russian oil refinery, and assisting the local advocates in relation to the conduct of the proceedings
Advising and representing a substantial shareholder in a leading Russian retailer in relation to a shareholder dispute litigated in an LCIA arbitration, with ancillary litigation conducted in the English and British Virgin Islands courts
Advising and representing the principal shareholder in a major Russian property owning group in relation to a shareholder dispute and allied litigation in an LCIA arbitration, with ancillary litigation conducted in the English and British Virgin Islands courts
Advising and representing the majority Taiwanese shareholders of a very substantial Cayman Islands company with operations in the Far East, in relation to a significant shareholder dispute being fought in the Grand Court of the Cayman Islands (including numerous appearances at first instance and before the Cayman Islands Court of Appeal)
Advising the liquidators of one of the Lehman group companies in relation to substantial claims asserted against the estate
Advising and representing a creditor of another Lehman group company in proceedings before the Supreme Court of Bermuda
Advising and representing various creditors of failed investment funds incorporated in the Cayman Islands, the British Virgin Islands and Bermuda
Advising and representing the Isle of Man Treasury in relation to the promotion of a Scheme of Arrangement in relation to Kaupthing Singer & Friedlander IOM.
Advising a London Magic Circle solicitors firm in relation to its own position in a high profile asset tracing dispute
Advising a Hong Kong based joint venture party in relation to a significant dispute with its fellow joint venture partner concerning a project to construct a casino, retail and hotel complex in Macau.
Advising and representing IPOC International Growth Fund and related companies in relation to a wide range of issues concerning its ownership of a stake in the Russian Megafon mobile phone operator, over the period 2005 – 2008 including anti-suit injunction proceedings in the Bermuda courts (involving an appeal to the Bermuda Court of Appeal), together with associated arbitration proceedings in Switzerland and restraint and criminal proceedings in the British Virgin Islands. Then advising and assisting the Joint Liquidators of the IPOC group, on the development and implementation of their liquidation strategy.
Conducting substantial litigation in the British Virgin Islands on behalf of the Hong Kong partnership of PriceWaterhouse Coopers. This involved numerous appeals to the BVI Court of Appeal and several applications and substantive appeals to the Privy Council.
Advising and representing the majority shareholders of a Bermuda incorporated exempt company in relation to a significant shareholder dispute being fought in the Bermuda courts (including an appeal to the Bermuda Court of Appeal).
Advising the former guiding mind of a failed major Bermuda incorporated company, in relation to litigation in Hong Kong and Bermuda brought against him by its liquidators, including the mounting of anti-suit injunction proceedings in Bermuda.
Advising the captive derivative trading operation of a substantial group, in relation to a major audit negligence claim in the Hong Kong courts.
Advising and representing a re-insurer of the Home Insurance Company, an insolvent New Hampshire insurer. This included the provision of expert evidence in the New Hampshire Superior Court.
Advising and representing the various European office-holders in the multi-jurisdictional insolvency of the European arm of the Collins & Aikman group. This involved the provision of expert evidence for use in proceedings in Belgium and Spain.
Representing the substantial minority shareholder of a Bermudian incorporated company listed on the Hong Kong Stock Exchange (Pacific Challenge Holdings) in its highly publicised dispute with the company’s majority shareholders. This involved litigating an unfair prejudice petition in the Supreme Court of Bermuda (with evidence taken on commission in Hong Kong and an interlocutory appeal to the Bermuda Court of Appeal).
Advising both office-holders and bondholders in relation to a range of substantial insolvencies, bond restructurings and schemes of arrangement (both solvent and insolvent and UK and overseas based), including Olympia & York, Polly Peck, Federal Mogul, Enron, Akai, British Energy and GM Pfaff.
Representing a leading Taiwanese semi-conductor manufacturer in complex and substantial Commercial Court litigation relating to derivative contracts, involving English, Taiwanese and Hong Kong law and complex accounting issues.
Advising the Bank of China and its former subsidiaries in relation to a range of litigation in which it was involved in Hong Kong.
Advising and representing the counter-party to a major ‘Islamic Banking’ transaction in litigation in England concerning the nature and enforceability of such transactions (at first instance and in the Court of Appeal).
Advising and representing the Provisional Liquidations of the North Atlantic Insurance Company in relation to all aspects of the insolvency including trans-national litigation arising from the collapse of the company and the formulation and implementation of a scheme of arrangement. This included the provision of expert evidence to the US Bankruptcy Court (SDNY).
Advising the Provisional Liquidators / Liquidators of the CA Pacific Stockbroking group in Hong Kong in relation to the insolvency of the group and the complex issues concerning the distribution of its assets amongst its 14,000 clients. This was one of the highest profile insolvencies in Hong Kong of the 1990s.
Advising the Provisional Liquidators of Ocean Marine Mutual Insurance Company, an insolvent Turks & Caicos Islands insurer. This included the provision of expert evidence to the US Bankruptcy Court (SDNY).
Advising and representing IONICA Group Plc in relation to trans-national insolvency issues arising from the collapse of IONICA Plc and in relation to a scheme or arrangement implemented in respect of the company. This included the provision of expert evidence to the US Bankruptcy Court (SDNY).
Advising and appearing on behalf of the principal French state-owned corporation defending litigation arising from its acquisition of a UK insurance company, in which the claims exceeded £300 million.
Participation in the formulation and implementation of the strategy underlying the rescue of the Barings banking group, from the discovery of its financial difficulties to its sale to ING and beyond.
Advising and representing the Kuwait Investment Authority in relation to major commercial litigation intended to recover compensation for substantial losses suffered by the KIA in the wake of the collapse of its Spanish investment arm (the ‘Grupo Torras affair’).
Advising and representing in the courts of a variety of jurisdictions, the Government and Ruling Family of the Emirate of Abu Dhabi in relation to all aspects of the collapse of the BCCI group, in which they were the majority shareholders. This matter involved detailed consideration of the many issues arising from a substantial trans-national insolvency and gave rise to proceedings in England, the Cayman Islands, Luxembourg and the US.
Advising and representing the (Bermudian) Liquidators of Mentor Insurance Limited (perhaps the largest and most complex Bermudan insolvency of the 1980s) in relation to all insolvency related aspects of the liquidation.
Obtaining the Administration Orders made in respect of the Maxwell ‘private’ companies and thereafter advising and representing the Administrators in relation to insolvency matters and substantial asset recovery proceedings.
Advising and representing the (Luxembourg) Liquidators of Banco Ambrosiano in their world-wide attempts to recover assets of the bank from the Calvi family. This involved a close involvement in proceedings in the Bahamas and in Canada.
Advising and representing the (Hong Kong) Liquidators of Carrian Investments Limited in relation to the largest insolvency in Hong Kong of the 1980s.
Advising and acting for the Liquidator of Laker Airways in litigation which was taken on appeal to the House of Lords, concerning the right of the Liquidator of Laker Airways to pursue US Anti-Trust proceedings against a number of British and European Defendants. This remains a leading English law authority in the context of anti-suit injunctions.
Languages:
Working knowledge of French and German