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Terence Mowschenson QC

Call: 1977    QC: 1995

+44 (0)20 7306 0102tmowschenson@wilberforce.co.uk

Commercial

Terence has extensive experience in business and commercial matters and a substantial part of his practice involves giving advice in relation to commercial, company and banking matters under English law and that of a number of jurisdictions including the BVI, Bahamas, Bermuda, BVI, Cayman Islands, Gibraltar, and the Isle of Man.

Matters include:

  • Lehman Bros International Europe Ltd where he acted for the liquidator in relation to obtaining the court sanction to distribute US $19bn of assets.
  • Acting for ABC Company in ABC Company (SPV) v J & Co involving an application by an investor in a split portfolio company which had suspended redemptions of a minority of its portfolios to wind up the company.
  • Singer and Friedlander Investment (IOM) Limited where acted for the liquidator in seeking directions as to the application of client money held by the bank in breach of client money rules.
  • Madoff Securities International Ltd v Raven and others where he acted for Mrs Kohn in successfully challenging the jurisdiction of the Commercial Court to hear a claim by the New York Madoff entity for the recovery of US $60m in commissions paid to Mrs Kohn.
  • DE Shaw Oculus Portfolios LLC v Orient – Express Hotels Limited where he appeared in the High Court in Bermuda on behalf of Orient Express Hotels Limited and successfully argued that it was lawful under the laws of Bermuda for a publicly-quoted company to be controlled by its own wholly owned subsidiary.
  • R v V [2008] All ER (d) 111 successfully appearing for the successful party in the Commercial Court in the arbitration in a matter raising issues as to the enforceability of an award on public interest grounds.
  • Appeared for a consortium of banks in HSH Cayman v ABN Amro in the Court of Appeal and High Court in the Cayman Island seeking to recover US $600m.
  • He appeared twice for Herald Fund SPC in relation to contested winding up petitions presented by the Madoff trustee in bankruptcy presented in the Cayman Islands.
  • Acting on behalf of Caprikat in Tullow Oil v Caprikat Ltd before the commercial court in the BVI and successfully defending its rights to hydrocarbons in the BVI.
  • Acting as an expert witness on Bermuda company law on behalf of Sea Containers in arbitration between GE Capital Containers v Sea Containers where his evidence was accepted.
  • Acting for Calyon (the former Credit Agricole) in Michailidis v Calyon which has been heard twice in the Gibraltar Court of Appeal, once in the Privy Council, on an issue as to the effect of a foreign judgment and is due to be heard in the Privy Council in the latter half of 2014 on the issue as to when a bank has notice of a third-party claim to monies deposited with it and the relationship of anti-money regulations laundering regulations and notice of third party claims.
  • Acting for Wardour in Wadour v Nekrich in the Supreme Court in Gibraltar. Wardour (a subsidiary of Rosneft) is claiming the proceeds of sale of consignments of oil allegedly diverted by Nekrich and Sagredos.
  • Acted in Derby v Weldon (for the 3rd to 11th Defendants) a matter which involved 115 interlocutory applications before settling three months into the trial.