Biography

Neil Micklethwaite has over 25 years of experience in handling complex litigation and regulatory investigations. He acts for international corporations, asset managers and hedge funds, as well as representing UHNW individuals in large scale litigation cases and in defending regulatory investigations both in the UK and worldwide.

Neil has extensive experience in complex disputes concerning the Russian Federation and other CIS states and in devising asset protection strategies to defend the interests of businessmen operating in high risk countries. Neil has significant experience in civil and criminal fraud cases and in undertaking asset tracing exercises across numerous jurisdictions. Alongside this work, Neil also regulatory defends high profile individuals in regulatory and criminal investigations brought by the National Crime Agency, the Serious Fraud Office, the FCA, the SEC and HMRC. Before joining Brown Rudnick, Neil was head of litigation in London at both DLA Piper and Bingham McCutchen.

Recently Neil acted for Pensioenfunds Vervoer in its €250m claim against Goldman Sachs for alleged professional negligence concerning breaches of a fiduciary investment mandate.

Neil also acted for Hermitage Capital Management in relation to a major US$230m fraud affecting its business in Russia, as well as advising on civil asset tracing issues and criminal investigations in the U.K, Guernsey, Switzerland, the BVI and the USA.

Awards

Representation

Acting for Hermitage Fund/Hermitage Capital Management in relation to a major US$250 million fraud in Russia, including advising on civil claims and criminal investigations in Guernsey, Switzerland, the BVI and UK arising from the fraud and related issues. Acting for IEC Europetrol plc against Transoil AG and others concerning the misappropriation of assets and trade secrets belonging to IEC.

Acting for the sons of HRH Prince Jefri Bolkiah in the various disputes with the Brunei Investment Agency.

Representing FAZ Aviation, an international broker, in a $125m fraud dispute over the purchase of an aircraft for the Islamic Republic of Iran from the Sultan of Brunei.

Assisting FAZ Aviation to challenge the jurisdiction of the English courts in a claim brought by the Islamic Republic of Iran.

Acting for BITEL, a Kyrgyz mobile company in relation to two frauds that were perpetrated against the Company in 2005. The Defendants are entities and individuals based in the Isle of Man who are believed to have facilitated these frauds. The case involves complex multi-jurisdictional issues because monies appear to have been misappropriated from the Company through a network of vehicles in the Isle of Man, BVI and Liberia. Actions to date have included obtaining freezing injunctions and disclosure orders and complex conflict of law questions.

Representing major hedge funds in relation to the bankruptcy of the £2.1 billion TXU Europe utilities group and in particular bringing unfair prejudice proceedings to challenge the Scheme of Administration being put forward by KPMG, the group joint administrators.

Representing Government of Indian State of Maharashtra in defence of a claim for US$300 million brought by a US consortium (Enron, Bechtel and GE) over the cancellation of a contract for the construction of power station at Dabhol near Bombay in 1995/1996.

Subsequent representation of the Government of Maharashtra and the Government of India (until September 2004) arising out of further international commercial arbitration proceedings concerning the Dabhol project, including representing the GOI in bilateral investment treaty proceedings involving claims of US$6.5 billion.

Acting for Caribbean Government in substantial ICSID arbitration proceedings arising out of oil exploration contracts.

Acting for a UK investment bank and various other banks in relation to a range of sovereign debt claims against Zambia, Cameroon and Congo, which resulted in successful judgments against the Central Banks of all three countries and extensive freezing orders and enforcement strategies in support of those judgments.

Acting for a major banking group in relation to a £160 million claim by the Central Bank of Ecuador arising from the collapse of the country’s major financial and corporate conglomerate. This has involved acting as lead partner in relating to both the litigation before the Bahamian High Court and parallel, fraud and RICO litigation in the United States.

Acting for the Government of Nigeria in relation to the misappropriation of assets by the late President, General Sani Abacha, including bringing proceedings against various banks and individuals to trace and identify $1.5 billion of state assets misappropriated by the late President and his family.

Successfully representing the bank in its defence of English High Court proceedings involving a £70 million fraud claim brought by a Swedish fund management company (Trustor AG) against its former controllers and various banks relating to the wrongful transfer of client funds.

Acting for a well known Russian family in a major shareholder dispute concerning the alleged wrongful transfer of call option rights valued at approximately US$250 million prior to the planned IPO of the business.

Acting for key individuals in high profile SFO investigations relating to Merlin Biosciences Limited, Butte Mining plc, Resort Hotels plc, Maxwell and Blue Arrow.

Representing two high profile individuals in the UK’s “Cash for Honours” investigation.

Acting for a leading Russian businessman in an investigation by the Special Compliance Office of the UK revenue authorities into the operation of non-domiciled tax status.

Acting for a major UK fund management company in relation to an internal investigation and inquiry resulting from mis-selling allegations and conflict of interest issues affecting the marketing of certain of their funds.

Acting as lead partner for IMRO in relation to their largest ever investigation arising from the Peter Young/Deutsche Morgan Grenfell affair concerning allegations of misappropriation and impropriety in relation to certain of their leading funds.

Acting for a number of major life assurance companies and pension providers in the FSA’s mis-selling investigations.

Representing brokers, managers and other regulated firms in over 20 FSA disciplinary cases in relation to improper sales, analyst issues, market abuse and other market manipulation issues.

Education

Warwick University – LLB, honors and first class honors, 1983

Bar Admissions

England and Wales
Professional Affiliations
Awards and Honors
Media Coverage
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