Jonathan Swil

• The administrators of a supply chain financing company in relation to multi-million pound English High Court litigation involving the enforcement of a UK government loan guarantee.
• A large UK energy supplier in relation to a novel, high-profile English High Court judicial review/subsidy control claim concerning a multi-billion pound UK government subsidy, the largest since the 2008 financial crisis, granted in connection with Octopus Energy’s acquisition of Bulb (in administration).
• A major global bank in a significant multi-party and cross border competition damages action in the High Court and Competition Appeal Tribunal relating to the widely-publicised alleged manipulation of global FX markets by various banks between 2003-2013.
• ENKA in ENKA v OOO “Insurance Company Chubb”, obtaining an anti-suit injunction restraining Russian proceedings brought in breach of an arbitration agreement. The Supreme Court’s decision, upholding that of the Court of Appeal to grant the anti-suit relief sought by ENKA, is an important clarification of the English Court’s supervisory role in relation to arbitrations seated in the jurisdiction, including in particular the principles determining the applicable law of an arbitration agreement. Enka v Chubb was named the “Most Important Decision of the Year” by the Global Arbitration Review in 2021.
• A Pakistani power plant in its challenge of a multi-million dollar arbitral award under s 68 of the Arbitration Act.
• A global financial institution in relation to various disputes with market participants and regulators.
• An investment fund in its High Court damages claim against another fund in respect of an options agreement arising in connection with a high prolife restructuring in the paper industry.
• A global financial institution in relation to multiple sets of proceedings in the English High Court, and courts of Belgium, the Netherlands and other countries, involving various complex cross-jurisdictional issues relating to the enforcement of a $500 million arbitral award and $22 billion asset freeze obtained by third parties in the Dutch and Belgian courts against the Republic of Kazakhstan.
• Directors in their defence of an unfair prejudice petition.
• A FTSE100 company in relation to a major IT outage affecting its business globally.
• A large UK building supplies company in connection with a contentious IT transformation project.
• One of the largest UK pension funds in relation to the exiting of a major IT transformation project.
• The liquidators of the Saad group of companies in its multi-billion dollar dispute with the Saudi-based Algosaibi family, including in relation to the largest trial in Cayman Islands’ history and one of the largest ever financial frauds, and numerous related insolvency proceedings and satellite litigation in Saudi Arabia, Bahrain, Switzerland, UK and the USA.
• The administrators of Lehman Brothers Europe.
• The special liquidators of Irish Bank Resolution Corporation Limited, including proceedings in the High Court and other disputes arising in connection with the bank’s liquidation.
• Pro bono: representing the interests of the c. 11,000 bondholders in London Capital & Finance in relation to novel judicial review proceedings and other related disputes in respect of a decision by the Financial Services Compensation Scheme not to compensate the majority of bondholders following LC&F’s high-prolife collapse in 2019. The representation facilitated the receipt of substantial compensation for most bondholders.

Jonathan has extensive and versatile experience advising financial services firms, corporates and professional services firms on a wide range of complex domestic and cross border disputes and insolvencies.

Jonathan has a particular focus on financial services, insolvency, and other complex commercial litigation. Many of Jonathan’s matters have a cross-border element and he is experienced in dealing with complex multi-party, multi-jurisdictional matters. He has been involved in ground-breaking litigation, including the trial of one of the largest frauds in history, one of the most important anti-suit injunction and arbitration claims of recent times and a major, novel judicial review under the UK/EU Trade and Co-operation Agreement involving the largest UK Government subsidy since the 2008 financial crisis.

Jonathan has been recognised as a 'Rising Star' for Banking Litigation in Legal500.