Duran RossPartner

I am an experienced commercial disputes practitioner specialising in resolving complex multinational and domestic disputes across a range of forums including litigation principally in the High Court as well as arbitration before various arbitral bodies including the LSLA and the ICC. I have extensive experience acting for a wide range of clients including multinational companies, HNW individuals and family offices, senior company directors and other office holders, insolvency practitioners and start-ups including in the technology sector. I have experience acting in disputes across a range of sectors including technology, sports, media, private equity, healthcare, finance, and property development. Whilst my experience is wide-ranging, I retain a particular specialism and interest in both technology and insolvency disputes. As a Solicitor-Advocate, I am able to take on the advocacy role in appropriate cases.

I have been ranked in the Legal Directories since 2021 including current rankings as a “Future Leader” in WhosWhoLegal (Commercial Litigation) and a “Rising Star” in the Legal 500 (Commercial Litigation, Premium).

I am active member of the London Solicitor Litigation Association (LSLA), Insolvency Practitioners Association (IPA) and the International Association of Young Lawyers (AIJA).

Dispute Resolution

I have successfully acted in numerous cases in the High Court including:

• Sonderwell Bidco Limited v Marc Diamond. Acted for Mr Diamond in Commercial Court proceedings pursued against him in relation to the alleged breach of warranties and indemnities contained in an SPA, and pursuing related professional negligence claims against Mr Diamond’s advisors on the transaction.
• Trappit SA & Ors v American Express Europe LLC. Acted for Trappit, the developer of intelligent flight costs savings software, against American Express’ Global Travel Division in claims alleging the misappropriation of the client’s software.
• New Balance Athletics, Inc v The Liverpool Football Club and Athletic Grounds Ltd. Acted for New Balance in high-profile Commercial Court proceedings against Liverpool FC arising out of a sponsorship agreement relating to the provision of playing kit and other licensed products.
• Dr Philip Comberg v VivoPower International Services Limited & VivoPower International Plc. Acted for the Claimant in proceedings issued in the Queen’s Bench Division against his former employer and its NASDAQ listed parent for repudiatory breach of his service agreement and the breach of three other agreements entered with the Defendants.

I have also acted on numerous multinational high-value arbitral matters including:

• an expedited ICC arbitration on behalf of a global sportswear brand against a major European football club;
• an application for emergency measures before an ICC emergency arbitrator; and
• several interconnected LCIA arbitrations in the aviation sector on behalf of a listed company against a state-owned entity.

I am also experienced in pursuing actions under the Arbitration Act 1996 including, most recently, a Section 68 challenge relating to alleged serious irregularity in the conduct of arbitral proceedings.

Insolvency

I have obtained the Certificate of Proficiency in Insolvency from the Insolvency Practitioners Association. I act on behalf of office holders in pursuing claims on behalf of insolvent companies as well as in matters relating to antecedent transactions and other applications under the Insolvency Act, such as in respect of the appointment of a Provisional Liquidator in a contested application to secure software code valued at approximately £50m. I have also acted in claims against office holders, including on behalf of a group of creditors who succeeded in replacing the incumbent office holder leading to a change in direction in the management of the insolvency of the company. Most recently, I was involved in successfully obtaining bankruptcy and winding-up petitions against Mr Bob Bull and the Royale Group respectively, arising out of the high-profile insolvency of both the Royale Group of companies and its founder who was previously highly ranked in The Sunday Times ‘Rich List’.

Sports

As a keen sports fan, I have been fortunate to be able to work at the cross-roads of sports and commercial disputes. I have significant experience acting for and against commercial sponsors in high-profile and complex commercial sports contracts disputes including proceedings pursued against Liverpool FC by New Balance in what was the first High Court decision examining a widely used ‘matching clause’ in commercial sports sponsorship contracts. More recently, I acted for a major sportswear brand in arbitral proceedings against a leading European football club in relation to allegations of lack of good faith on the part of the sportswear brand, and the determination of a dispute concerning whether the club was able to contract with a new kit sponsor to replace the incumbent. I have also acted in disputes against clubs relating to force majeure and frustration including arising out of the COVID-19 pandemic.

Technology

Prior to qualifying as a solicitor, I was involved in website design and development such that I am well placed to deal with the complexity involved in pursuing or defending technology cases. Recent cases with a technological angle include advising a major building society on misrepresentation claims against software companies that it had engaged to replace the entirety of its customer facing software suite, acting for a start-up technology company in a claim against a multi-national corporate alleging misappropriation of the client’s software code, and acting for a well-known developer in pursuing claims against one of the largest technology companies in the world in a dispute relating to alleged tortious and anti-competitive conduct.