Ned Beale

Experience

Commercial & Financial Disputes

Examples of Ned’s commercial disputes work include acting for:

• Qatar Airways, in a strategic leadership role in its multi-billion dollar dispute with Airbus concerning its A350 and A321 Neo fleets, one of The Lawyer’s ‘Top 20 Cases’ of 2023.
• A group of Members of Parliament and Peers intervening in Pakistan International Airline Corp v Times Travel [2021] UKSC 40, in which the Supreme Court defined the test for economic duress.
• US art lender Athena successfully obtaining the dismissal of English proceedings against it concerning the ownership of the artwork “Humidity” by Jean-Michel Basquiat (reported at [2020] EWHC 3527).
• The EMEA legal team of a global business, in some of their most substantial disputes, including their exit from the Russian market, termination of a major contract for Covid force majeure and a very substantial claim against their MENA distributor.
• Entrepreneur business founders successfully defending substantial breach of warranty claims made by their buyers after sale of the businesses. These claims typically involve heavy accountancy evidence.
• Funders and investors in funded, collective and group claims, including advising on funding arrangements and providing guidance on strategy alongside existing advisers.

 

*Some of the above work took place at a previous firm.

Commercial Fraud

Ned’s commercial fraud practice encompasses many instances of obtaining and defending freezing injunctions in the English High Court and offshore jurisdictions, as well as pursuing enforcement and asset recovery claims, often with an insolvency element.  Examples includes acting for:

• PJSC Pharmaceutical Firm "Darnitsa" obtaining a worldwide freezing order against pursuant to s.25 of the Civil Jurisdiction and Judgments Act 1982 in support of substantive Ukrainian derivative proceedings. The without notice injunction was successfully upheld after a fully contested set-aside hearing (reported at [2021] EWHC 1441).
• The claimants in a dispute concerning the misappropriation of the profits of a family business. Included enforcing Bahraini judgments of c. £20 million in England, coordinating the freezing of an English country estate by the Jersey court and pursuing a claim under s.423 of the Insolvency Act 1986. The Jersey injunction was successfully upheld on a fully contested set-aside hearing (reported at [2019] JRC 23). The pleading of fraud in the s.423 claim was successfully upheld after the defendants’ strike-out application (reported at [2020] EWHC 3477). The matter was then resolved in mediation, concluding two decades of litigation in Bahrain and England.
• A public sector body dealing with the theft of its assets by a member of its senior executive management, including handling the investigation phase, pursing claims, obtaining security, liaising with the police and negotiating the civil settlement. The matter was widely reported in the UK national press.
• The widow of one of Yemen’s most prominent businessmen after a freezing injunction was granted against her. Successfully achieved discharge of the injunction, interim distributions, appointment of an independent administrator and an account of the deceased’s worldwide estate (reported at [2018] EWHC 372).
• The lead defendant in the injunctive phase of the lead UK Madoff litigation, Madoff Securities v Raven & Ors [2011] EWHC 3102. A claim for £25 million was successfully dismissed for lack of jurisdiction.

*Some of the above work took place at a previous firm.

Financial Services & Banking

Ned’s experience includes acting for:

• Advising an offshore bank on issues and claims regarding payment and FX services.
• A Cayman Islands SPV successfully to obtain payments under an ISDA in a dispute arising out of the wind-up of a Lehman Brothers structure (reported at Europa Plus v Anthracite Investments (Ireland) [2016] EWHC 437).
• A publicly funded body addressing issues which had arisen with its syndicate of lenders in connection with the operation of a 30-year, £200 million loan facility. These were successfully resolved when the threat of litigation led to the renegotiation and restatement of the facility.
• The All-Party Parliamentary Group on Fair Business Banking in its application to challenge the lawfulness of the decision of the FCA not to establish a mechanism of redress following the exclusion of bank customers from the FSA’s IRHP redress scheme. Permission was won in June 2023 (reported at [2023] EWHC 1616) and the trial was one of The Lawyer’s ‘Top 20 Cases’ of 2024.
• The All-Party Parliamentary Group on Fair Business Banking in its successful intervention in Sevilleja v Marex Financial [2020] UKSC 31. A landmark judgment, which reshaped the 'rule against reflective loss' and was the first ever intervention by Members of Parliament in the Supreme Court.
• For the lead defendant successfully obtaining the dismissal of all claims made by a lender after a four-week High Court trial involving multiple factual witnesses (reported at Bibby v Magson & Ors [2011] EHWC 2495).
• Business borrowers in disputes in respect of the provision of banking services, including dealing with ISDA valuation issues, push payment and phishing frauds and the withdrawal of banking services and related regulatory issues.

*Some of the above work took place at a previous firm.

Arbitration & International Arbitration

Ned has extensive international arbitration experience, including acting:

• As lead advocate in a shareholder dispute in LCIA arbitration, with ancillary relief in Cyrus and Ukraine, concerning a transshipment terminal on the Black Sea coast of Ukraine. After the exchange of extensive factual and expert evidence, the claim was successfully settled.
• For Irish airline CityJet against a Russian manufacturer and Italian service company in a substantial dispute in LCIA arbitration concerning CityJet's fleet of SuperJet 100 aircraft.
• As lead advocate for an EU airline in an ICC arbitration against its Chinese wet lease customers. In 2023, the tribunal upheld claims asserted under a collateral oral contract, a duty of care and for inducing breach of contract and issued a final award granting 100% of the damages, interest and costs claimed.
• As lead advocate in a Ukrainian oligarch dispute in LCIA arbitration featuring multiple interim applications and an evidential hearing involving 30 factual and expert witnesses.
• As lead advocate for a Middle Eastern aerospace business in a dispute with its largest customer, including obtaining two eight figure LCIA awards. Those awards were recognised by the Colombian Supreme Court pursuant to the New York Convention 1958 (reported at Vertical de Aviación SAS v AAL Group Limited/49784) and were the basis of an English freezing injunction (reported at [2018] EWHC 2806).
• For a US energy company in a dispute with one of its central European customers, a state-owned energy concern. Acted as advocate to obtain an eight figure LCIA award; then managed the enforcement of the award, including via parallel court proceedings and instructing investigation agents successfully to conclude a cash settlement.
• In an ICC arbitration for a well-known figure in US politics against a UAE based property business in a dispute concerning a Caribbean hotel development.
• In long-running LCIA and UNCITRAL arbitrations concerning the ownership of a Nigerian telecoms business.
• At the outset of his career, as part of the trial team representing the Federal Republic of Nigeria in its boundary dispute with Cameron at the International Court of Justice, the longest ever ICJ hearing, which demarcated the states’ land and maritime boundaries, from Lake Chad to the Gulf of Guinea.

Ned has lectured on international arbitration at ICC, LCIA, CIArb, LIDW, PAW, ABA-SIL and AIJA conferences. He is a Visiting Lecture on International Arbitration at City Law School, University of London. He is the author of the Westlaw UK Insight Guide “Arbitration: Enforcement” and academic articles on international arbitration subjects.

*Some of the above work took place at a previous firm.

Aviation Disputes

Ned’s aviation experience includes acting for:

• Qatar Airways, in a strategic leadership role in its multi-billion dollar dispute with Airbus concerning its A350 and A321 Neo fleets, one of The Lawyer’s ‘Top 20 Cases’ of 2023.
• Irish airline CityJet against an Irish lessor, Russian manufacturer and Italian service company in a substantial dispute in LCIA arbitration concerning CityJet’s fleet of SuperJet 100 aircraft.
• A Ukrainian airline and its lessors in The Non-Russian Operator Policy Claims, pursuing insurance claims of $110 million in respect of aircraft lost during the invasion of Ukraine by Russia (reported at [2024] EWHC 1365). 
• For an EU airline in an ICC arbitration against its Chinese wet lease customers. In 2023, the sole arbitrator upheld claims asserted under a collateral oral contract, a duty of care and for inducing breach of contract and issued a final award granting 100% of the damages, interest and costs claimed.
• Iris Helicopter Leasing successfully obtaining summary judgment against its lessee for unpaid rent, default interest and delivery up of the aircraft (reported at [2021] EWHC 2459).
• TWC Aviation Capital successfully obtaining a Commercial Court judgment of $24 million against Indian airline Jet (reported at [2020] EWHC 1272).
• The lessor and operator of a Boeing 737 which was a constructive total loss after a heavy landing to bring and successfully resolve a claim in the Commercial Court against its reinsurers pursuant to a cut-through clause.
• The principal investor into a private airline to secure its assets in a shareholders’ dispute; successfully freezing an aircraft in England and coordinating further injunctive relief against aircraft in Europe and Africa.
• The aviation division of a European bank, enforcing security to appoint a receiver successfully to sell a private jet, against the defaulting borrower’s wishes.

Insurance & Professional Negligence

Ned began his career as a specialist insurance and reinsurance litigator, including a secondment with St Paul Fire & Marine as coverage counsel.  He now regularly acts for insureds pursuing claims against insurers, as well as for claimants in professional negligence claims, which usually involve negotiating with insurers.  His experience includes:

• A Ukrainian airline and its lessors in The Non-Russian Operator Policy Claims, pursuing insurance claims of $110 million in respect of aircraft lost during the invasion of Ukraine by Russia (reported at [2024] EWHC 1365).
• Acting for West African mining company Sierra Rutile in a $40 million Commercial Court claim against its insurers and reinsurers following the loss of its bucket line dredger.  After extensive factual evidence including site trips to rural Sierra Leone, the claim was successfully settled in mediation. 
• Acting for a global manufacturing group in a coverage dispute with its European insurer concerning an industrial fire in Mexico. This involved parallel proceedings in the English and US courts, before its successful settlement. 
• Acting for the lessor and operator of a Boeing 737, which was a constructive total loss after a heavy landing, to bring and successfully resolve a claim in the Commercial Court against its reinsurers pursuant to a cut-through clause.
• Pursuing professional negligence claims on behalf of public authority against a global firm of accountants in respect of tax advice.
• Acting for a private equity group pursuing professional negligence claims against a major accountancy firm in respect of financial due diligence advice.

*Some of the above work took place at a previous firm.