Weil Gotshal & Manges and Quinn Emanuel Urquhart & Sullivan have secured wins for their respective clients in a High Court action against the billionaire Barclay brothers over control of London-based hotels the Berkeley, the Connaught and Claridge's.

Handing down judgment this morning (8 August) Mr Justice David Richards dismissed claims brought by Irish property developer Patrick McKillen that the Barclay brothers, companies controlled by them or directors, used unfair or prejudicial means to try to take control of Coroin – the hotels' holding company – bypassing McKillen's right to buy more shares.

McKillen has a 36.2 % shareholding in Coroin, which he acquired as part of a consortium of investors in 2004. A company controlled by the Barclay Brothers bought a 24.5% interest in the Coroin in January 2011, which has since increased to 28.4%. The brothers also acquired around £630m of the hotel company's debt last year from Ireland's National Asset Management Agency (NAMA) through a holding company called Maybourne Finance.

Sir David and Sir Frederick Barclay took advice from regular adviser Weil Gotshal, which fielded a team led by London litigator Matthew Shankland.

US litigation boutique Quinn Emanuel fielded a London-based team for Irish financier and Coroin shareholder Derek Quinlan, the leader of the investment group that acquired the hotels in 2004, with London managing partner Richard East taking the lead in the case.
McKillen turned to Herbert Smith litigators John Whiteoak and Kevin Lloyd.

Ruling against McKillen, Justice Richards said no agreements had been made between the Barclay brothers and Quinlan which triggered rules in the shareholders' agreement that would have given McKillen the right to buy the shares.

In the judgment, Mr Justice Richards concluded that McKillen's petition and claim fail be dismissed, ruling: "They fail because the alleged breaches of the pre-emption and other provisions in the shareholders agreement and the alleged breaches of duty by the directors are not established (save in one instance) and because Mr McKillen cannot establish any conduct of the affairs of the company which has been unfairly prejudicial to him."

Other firms to have taken roles on the case include DLA Piper, Ashurst and Hogan Lovells. DLA acted for Coroin, instructing Nigel Dougherty of Erskine Chambers, while Hogan Lovells acted for NAMA, instructing Robin Dicker QC of South Square.

Ashurst, meanwhile, acted for the directors representing the Barclays brothers on the board of Coroin – Richard Faber, Michael Seal and Rigel Mowatt – with the firm instructing Joe Smouha QC of Essex Court Chambers to appear in court.

Herbert Smith instructed Philip Marshall QC and Richard Hill QC of Serle Court for the claimant, while Quinn Emanuel instructed Michael Fealy and Michael d'Arcy of One Essex Court. Weil instructed counsel including 1 Essex Court's Kenneth Maclean QC.

• Click here for a link to the judgment