Barlows and Withers advise on Dentons lawsuit against former India chief
Legacy Denton Wilde Sapte and Travelers have launched a claim against the former head of Dentons' India group in a bid to reclaim £779,000 worth of costs stemming from a 2009 court case. The law firm and the insurer are suing Gauri Advani, who was a defendant alongside Dentons in a case brought by two of her former clients, in which Advani was alleged to have committed bribery.
November 24, 2010 at 10:36 AM
3 minute read
Legacy Denton Wilde Sapte and Travelers have launched a claim against the former head of Dentons' India group in a bid to reclaim £779,000 worth of costs stemming from a 2009 court case.
The law firm and the insurer are suing Gauri Advani, who was a defendant alongside Dentons in a case brought by two of her former clients, in which Advani was alleged to have committed bribery.
Dentons and Travelers have instructed Barlow Lyde & Gilbert lawyer Gaby Kaiser to act on their behalf while Withers is defending Advani, with a team led by litigation head Christopher Coffin.
Travelers paid the fees to defend Advani and Dentons in the previous case, which saw two Indian travel agents sue after allegedly being advised by Advani to pay a £400,000 "deposit" to gain an exclusive UK travel deal arrangement for Air India, which never materialised after the sum was paid.
The court documents state that the deposit was made by a series of payments, including a small cash payment in India, without obtaining any receipt, and two transfers to the account of a British Virgin Islands-based company held at Hong Kong bank. The papers also state that the deposit appeared to be a payment destined for a serving minister of the Indian Government with influence over the Air India appointment.
The claimants instructed Blake Lapthorn in that case, while Barlow Lyde & Gilbert represented Dentons and Kennedys acted for Advani, who did not give evidence. A judge ruled the case illegal after deciding that the claimants understood that the money could have only been a bribe rather than a deposit.
Travelers covered the legal fees for Dentons as well as Advani but the insurer has claimed the money back on the basis that the insurance policy was invalid if a court found that the policy holder was guilty of dishonest or fraudulent activity.
Meanwhile, Dentons claims that Advani acted outside of the contract of her employment with the firm.
SNR Denton said in a statement: "Ms Advani was a solicitor employed by our predecessor firm, Denton Wilde Sapte, until July 2007. In 2009 the court dismissed a claim brought by travel agents against the firm and Ms Advani, and found that Denton Wilde Sapte owed no relevant duty to the claimants and was not liable for the actions of Ms Advani as she was acting outside her employment as a solicitor. At no time was the firm aware of any of the matters alleged by the claimants.
"We can confirm that, together with our insurers, we are seeking to recover from Ms Advani costs expended in defending those proceedings."
Withers' Coffin said: "Gauri is defending the proceedings and also denying that she was ever involved in any attempt to create a bribe. The judge made a finding [that she acted dishonestly] in the previous case in the absence of Gauri giving evidence – and it is also worth pointing out that because she won the claim she could not appeal, which otherwise she would have."
Advani was head of India at Eversheds at the time of the 2009 court case after joining from Dentons in 2007. She left Eversheds in May this year.
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