Stephen Rubin KC

Practice Areas

Barrister specialising in heavy commercial litigation in this jurisdiction and overseas. Lead counsel in a number of major, long and complex cases – many of them involving civil fraud/conspiracy. Hard-fought cases usually with an international element and heavy interlocutory at all court levels in England and the Caribbean.

Some recent current and significant cases include:

Karachi Electric Power shareholders dispute 2023 – several ongoing actions and appeal in Cayman and London

CSLN v Various investment funds 2022/23 – Lead Counsel for CSLN (acting by receivers) in contested just and equitable winding up petitions in Cayman and the BVI by which CSLN sought winding up orders and recovery of $500m invested in 4 investments funds structured and promoted by Floreat bank. Trial Cayman 6 weeks in April and May 2023 against Floreat management shareholders – successful. 3 Cayman Funds wound up. Appearances also in BVI action at first instance and on appeal to the ECCA. Continuing in both jurisdictions and before the PC.

Zhao Long and Kunlun New Century v Endushantum Investments Company Limited 2021 trial BVI Commercial Court Judgment 20 July 2021 acting for Lunan Pharmaceutical Group in very substantial share ownership dispute under BVI and PRC law. February 2022 further hearings. Now pending in the ECCA February 2023.Motorola Solutions Inc v Hytera Communications Corporation Ltd.: English Commercial Court Jacobs J – April 2020 – acting for Defendants resisting Sec 25 freezing order, worldwide information order and Chabra applications from Motorola in support of $750 million US claim https://www.bailii.org/ew/cases/EWHC/Comm/2020/980.pdf. 2022 to July 2023.

Renova Industries Limited & Ors v Emmerson International Corporation & Ors: BVI Commercial Court 2019, 2020 and July 2021, acting for several defendants in a $1 billion+, long-running fraud claim by Russian energy sector interests. One of the largest cases currently litigating in the BVI - jurisdiction, freezing order and LPP issues. Pending ECCA.

Robert Tchenguiz & others v Grant Thornton & others October 2018: Commercial Court 12-week trial– very large claim for damages for conspiracy to injure by unlawful means including deceit and malicious prosecution. https://www.thetimes.co.uk/article/tchenguiz-in-conspiracy-court-battle-gbldmwgkp (One of The Lawyer Top 20 cases 2018). Instructed by Debevoise & Plimpton.

Premier Motorauctions Limited and Lloyds Bank PLC and PwC May 2018: Chancery Division for trial April 2018 (8-weeks) Snowden J – Stephen acted for Lloyds Bank defending a £40m + claim for conspiracy to defraud and breach of contract – (“Lloyds bulks up legal advisers for clash with Premier Motorauctions” https://www.thelawyer.com/lloyds-brings-additional-qc-pre-trial-clash-premier-motorauctions/ and https://www.thelawyer.com/premier-motorauctions-drops-claims/ (One of The Lawyer Top 20 cases 2018).

VTB v Katunin and another: BVIHCMAP2015/0007] leading case before the East Caribbean Court of Appeal from BVI relating to large bank lending and alleged fraud. Stephen successfully appealed Bannister J and obtained a landmark ruling overturning decision that K had submitted to the jurisdiction.

Rogalskiy v JSC MCC Eurochem 2017 [BVIHCMAP 2017/0007] leading BVI case successfully challenging the power of the Commercial Court to order cross-examination of a defendant on his affidavit of assets provided pursuant to a Worldwide Freezing Order;

VTB Capital Plc -v- Nutritek International Corp & Ors [2013] 2 A.C. 337 SC: appeared for Russian entrepreneur, Mr Konstantin Malofeev at first instance and in the UK Supreme Court in successfully challenging the jurisdiction of the English courts to hear a $350 million claim and in discharging a $200 million worldwide freezing order.

Career

Silk 2000; Bencher of the Middle Temple; Recorder 2004 (civil and crime); Arbitrator; Formerly Trustee and Council of the University of Buckingham; Formerly Panel Chairman of Bar Disciplinary.

Professional Memberships

London Common Law and Commercial Bar Association; Professional Negligence Bar Association; COMBAR; former member Professional Conduct Committee of Bar Council.

Personal

Merchant Taylors School; Oxford University (entrance exhib) (1976 MA Jurisprudence).