SDT 'very troubled' by allegations against Clifford Chance, Excalibur ruling reveals
Full judgment in closely-watched case highlights Tribunal concerns over regulator's charges against CC
January 02, 2018 at 11:17 AM
5 minute read
The Solicitors Disciplinary Tribunal (SDT) was "very troubled" by the scope of the allegations of misconduct made against Clifford Chance (CC) and partner Alex Panayides in the closely-watched Excalibur case, the tribunal's full judgment has revealed.
The firm and Panayides were each fined £50,000 by the SDT last month for their conduct in the case, having admitted they were guilty of three charges relating to the funding of the litigation.
In its full judgment, published on 21 December, the SDT said: "The Tribunal was very troubled by the character of the allegations in the Rule 5 Statement [the charge sheet produced by the Solicitors Regulation Authority].
"There were, surprisingly, no allegations of lack of integrity, recklessness nor acting contrary to the Principle 6 of the SRA Principles 2011 (behaving in a way that maintains the trust the public places in you and in the provision of legal services), which the Tribunal would normally expect to see in cases of this nature."
CC and Panayides both accepted their fines last month after admitting that they had "conducted litigation in the High Court under a conditional fee agreement… which was unlawful and unenforceable".
As part of the outcome, negotiated between March and September this year, CC and Panayides also agreed to pay £29,100 each to the SRA to cover its costs.
The full judgment reveals that the SDT initially declined to approve a statement of agreed facts and outcome put forward by the SRA, CC and Panayides in October. The parties then held a private hearing before a differently constituted tribunal in November and the SDT then approved the statement.
The long-running Excalibur case centred around a $1.6bn claim brought by Excalibur Ventures, an aspiring oil exploration firm, against two US oil companies, backed by a group of litigation funders including a UK entity called Psari Holdings, which was controlled by Greek shipping magnates Adonis and Filippos Lemos.
CC's role for Excalibur attracted scrutiny after it emerged that Panayides' father had been chairman of one of the Lemos family's ship management companies, while his brother was a "longstanding and trusted" employee of a Lemos family company.
In the full judgment, the tribunal expressed particular concern over the allegation that Panayides sent a preliminary evaluation of the case to Psari Holdings without informing them that a director of Excalibur had prepared the first draft.
In their defence, CC and Panayides argued that the partner had reviewed and amended the first draft, "such that he was satisfied that it fairly and accurately reflected the views of himself and Client A's legal team". They also said that even if they had told Psari Holdings, the client would probably have sought confirmation that the draft accurately reflected CC's views.
On this point, the SDT said: "The tribunal was concerned that the charges brought against each respondent provided no scope to examine whether it was proper for solicitor to allow his/her client to write an assessment of the merits of the client's case for the purpose of obtaining third-party funding at all, irrespective of the amount of such funding and whether the solicitor agreed with the assessment or not.
"The tribunal was of the view that this approach would trouble both the profession and the public if they had knowledge of it."
The tribunal also raised the question of whether the approach to preparing the preliminary evaluation – going to a director of the client rather than seeking an independent opinion – constituted a governance failure at CC.
The firm argued that the evaluation did represent Panayides's "genuine views of the case". It also stressed there was no allegation of this nature put forward by the SRA and the tribunal could only consider what was alleged.
The tribunal also asked the SRA why it not not put forward allegations of harm, despite the fact the funders had to issue proceedings to secure compensation for their losses.
In response, the SRA said it did not "positively assert that harm was caused, but nor did it asset there was no harm caused… the allegations were serious enough in themselves without it being necessary to assert that any harm was caused".
Despite its concerns, the SDT acknowledged it could not go beyond the SRA's allegations.
The SRA launched a formal investigation into CC over its role in the case more than two years ago, with the magic circle firm turning to Clyde & Co for advice. The regulator was represented by Capsticks partner Daniel Purcell, who instructed Chloe Carpenter of Fountain Court.
Ashurst partner Edward Sparrow advised Panayides, with Roger Stewart QC and George Spalton of 4 New Square as counsel, while Clydes partner Fergal Cathie instructed Fountain Court's Richard Coleman QC and Craig Ulyatt for CC, for which general counsel Chris Perrin took a lead role.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTribunal Dismisses AML Case Against Kennedys’ Chief Risk Officer, But Ex-Partner Fined
2 minute readLatham, Skadden Among Firms Acting on Mubadala's $3.4 B Acquisition of CI Financial
2 minute readDLA Piper Takes Greenberg Traurig’s Corporate Partner for Seoul
Cuatrecasas Elevates Seven to Partner in Spain and Latin America
Trending Stories
- 1Friday Newspaper
- 2Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 3Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 4NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 5A Meta DIG and Its Nvidia Implications
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250