Duncan Graves

Duncan's experience includes representing: 

Complex Commercial Litigation

• Barclays in a group claim by more than 100 claimants under ss.90 and 90A of the Financial Services and Markets Act 2000 (FSMA). The threatened claim relates to allegedly untrue or misleading statements and/or omissions made by the bank in the period regarding its “dark pool” trading system
• A high-net-worth individual, the claimant in litigation worth over £500 million. The claim concerned an alleged conspiracy by the defendants to deprive the claimant of the ownership of shares in, and assets related to, one of the largest construction groups in the Middle East. Duncan was involved in workstreams concerning the intersection between arbitral issues and issues for the English court, the extensive interplay with foreign systems of law, and several applications in the English High Court
• A leading fintech in relation to class action proceedings against it by its shareholders, and related litigation and strategy across multiple jurisdictions, where Latham acts as global litigation counsel
• Rothesay Life Plc (Rothesay) on the landmark Court of Appeal decision overturning the High Court’s refusal to sanction the transfer of around 370,000 annuity policies (comprising total policyholder liabilities of approximately £11.2 billion) from The Prudential Assurance Company Limited (PAC) to Rothesay
• A Cypriot company in summary judgment proceedings in the English Commercial Court arising out of loan and shareholder agreements with a major shareholder
• An English bank regarding a potential claim by customers alleging unfair contractual terms
• A range of sellers and buyers on disputes arising out of Share Purchase Agreements
• An English football club on compliance with domestic and international football rules and regulations
• A global technology systems provider in the trial on merits of its claim in the TCC against a customer for breach of the license agreement*
• A high-net-worth judgment debtor facing enforcement proceedings in the Caribbean*

Company Law

• A leading Chinese biopharmaceutical company, defending claims brought by a major shareholder in relation to the outcome of the Company’s AGM, and the validity of the company's shareholder rights plan, at trial in the Antigua High Court, and before the Eastern Caribbean Court of Appeal and Judicial Committee of the Privy Council
• A major high street retailer in its operational and financial restructuring, including a landmark expedited trial before the High Court on a challenge to its company voluntary arrangement (CVA)
• A Chinese automation technology company, defending claims brought by a former executive and a shareholder alleging that its directors acted with an improper purpose, at trial in the BVI High Court
• Directors in a US listed entity in respect of proceedings before the Cayman Grand Court arising out of the Company’s contested AGM
• A global digital assets company including in respect of disputes with shareholders and anti-suit injunctions
• Multiple commercial corporations on directors’ duties, conflicts, and insurance issues

International Arbitration

• An African state-owned oil company concerning a US$5 billion dispute regarding its partnership with China, through its own state owned oil company, in multiple enormously valuable offshore oil blocks in Africa
• A fund in LCIA proceedings regarding alleged breaches of litigation funding agreements
• A private equity company in relation to potential arbitration proceedings concerning substantial loan repayments
• Corporations in the oil & gas industry bringing and defending sale of goods and shipping claims before the LCIA and LMAA*

*Matter handled prior to joining Latham