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About

I specialise in commercial litigation and arbitration. I head the Insurance and Reinsurance team which mainly represents policyholders and captives in coverage disputes against (re)insurers.

I have over 25 years' experience of litigation, arbitration and mediation in commercial disputes, often with international and civil fraud elements, with a particular focus in insurance and group actions.

My job is to successfully navigate clients to the end of a dispute process as efficiently and effectively as possible.

I primarily act for policyholders in the financial services, pharmaceutical, energy, retail, manufacturing, construction, utilities and transport sectors to recover insurance indemnities properly due under construction all-risks, product liability / recall, Bermuda Form, professional indemnity, property, business interruption, ATE, D&O, employers' liability, public liability, political risk / political violence / credit risk, corporate crime (1st and 3rd party) and cyber / privacy insurance policies. I’m currently acting in recovery actions relating to political risk and political violence losses in Mozambique and Côte d'Ivoire, in addition to ad hoc arbitration proceedings against excess insurers in a product liability coverage dispute.

I also specialise in reinsurance coverage disputes and have acted in leading cases Wasa v Lexington (last House of Lords’ reinsurance judgment concerning Alcoa pollution losses across the USA) and Aioi v Heraldglen (arising from the 9/11 World Trade Centre losses) and have recently represented reinsurers in a $500 million LCIA political risk expropriation coverage arbitration relating to a loss in South America, and a $100 million political risk coverage dispute relating to the 2021 Zuma riots in South Africa.

My commercial disputes practice involves both defendant and claimant work, such as miss-selling, professional negligence and breach of contract / warranty claims, and I have an established expertise in funded claims, group actions, asset recovery and civil fraud matters.

I have acted in numerous ad hoc and institutional arbitrations, particularly those governed by the LCIA, ICC and SCC Rules, which has become an increasingly popular option for my clients, especially with enforcement to mind.

I speak French / have a French law degree and am part of the French desk at Fladgate.

Outside of work, I have now firmly hung up my rugby boots, but still love watching rugby and currently coach junior players. I am a passionate free-diver and spear-fisherman, fly fisherman and beekeeper. When my kids allow me time off, I also get involved in various field sports!

Contact Garbhan

Experience

  • Cook Group Incorporated v AXA XL (Southern District of Indiana Civil Action No.1:24-cv-1647 09/19/2024)
  • Specialised Vessel Services Ltd v Meridian Risk Solutions Ltd (CL-2021-000681) (Comm) (ship loss off coast of Nigeria - settled during trial May 2024)
  • Farol Holdings Limited & Ors v (1) Clydesdale Bank PLC (2) National Australia Bank Limited [2023] EWHC 668 (Ch) and [2024] EWHC 593 (Ch) (subject to appeal)
  • Invest Bank v (1) Ahmad Mohammad El-Husseini (2) Mohammed El-Husseiny & Ors [2022] EWHC 894 (final judgment [2024] EWHC 2976 (Comm)) (defence of civil fraud asset dissipation claim)
  • Aggreko International Projects Ltd v (1) Sumitomo Mitsui Banking Corporation (2) United Bank Limited (Yemen) (3) Al Sadi Trading Group [2021] (Comm) (counter-guarantee dispute iro civil war in the Yemen and force majeure)
  • United Bank Limited v (1) SAS Thales Communications & Security (2) SA Crédit Agricole Corporate and Investment Bank [22 February 2018] n° 17/01135 Cour d'appel de Versailles (counter-guarantee dispute iro civil war in the Yemen and force majeure)
  • Minster Insurance Co Ltd v Simcoe & Erie General Insurance Co [28 March 2014] (Comm) (reinsurance run-off defence)
  • Basma Al Sulaiman v (1) Credit Suisse (2) Plurimi Capital LLP [2013] EWHC 400 (Comm) (defence of structured products mis-selling claim following financial crash in 2008)
  • Aioi Nissay Dowa Insurance Co Ltd v Heraldglen Ltd and Another [2013] EWHC 154 (Comm) (arbitration appeal to High Court iro 9/11 twin tower losses)
  • Aeroflot v (1) Boris Berezovsky (2) Nikolay Glushkov [2012] EWHC 3017 (Ch) (defending Boris in civil fraud claim)
  • Wasa & AGF v Lexington Insurance Co [2009] UKHL 40 (reinsurance pollution clean-up claim)
  • Korea National Insurance Corporation v Allianz Global Corporate & Specialty AG [2007] EWCA Civ 1066 (reinsurance fraud dispute involving helicopter crash in North Korea)
  • Midland Mainline Ltd. & Ors v Commercial Union Assurance Company Ltd. & Ors [2003] EWHC 1771 (Comm) & WAGN Railway Ltd & Others v St Paul International Insurance Company (Business Interruption claim iro Hatfield train disaster and Emergency Speed Restrictions across the country)
  • Deep Vein Thrombosis and Air Travel Group Litigation [2003] EWCA Civ 1005 [2004] 1 Lloyd's Rep. 316 (defending British Airways and the airline industry in DVT claims)
  • Arbitrations: Acted for state owned entities, pharmaceutical, energy, aviation, security, logistics, funds and tech companies relating to disputes from or mainly in the US, Canada, UK, France, Pakistan, Africa, Yemen, Lebanon and the Middle East, including appealing and enforcing Arbitration awards. For example, acted for a global pharmaceutical company in various product liability Bermuda Form insurance recovery arbitrations relating to several block buster drugs which were the subject of class actions / MDLs in the US.
  • Group Actions: Representing 900+ SMEs in a High Court proceedings against Clydesdale Bank PLC and National Australia Bank alleging that the banks improperly charged customers break costs and advancing unfair relationship claims with hidden profit margin within interest rates (proceeding to the Court of Appeal in June 2025), instructed by Business Energy Litigation to recover unlawful payments by energy suppliers to brokers of secret commissions.

Expertise

Dispute Resolution

Commercial Litigation

International Arbitration

Insurance

Group Litigation

Litigation Funding

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