Sam Roberts

Cases of Note

• Tulip Trading Ltd v Bitcoin Association for BSV & Others: acting for the 15th and 16th Defendants in proceedings valued in excess of £4 billion for the recovery of bitcoin on four different blockchains. The claim involves novel allegations of breaches of fiduciary duty against software developers and counter-allegations of fraudulent claims to ownership.
• Topalsson GmbH v Rolls-Royce Motor Cars Ltd  [2023] EWHC 1765 (TCC): acting for a German software development company against the luxury car manufacturer Rolls-Royce in relation to a software project to deliver a real-time configurator for the Rolls-Royce Ghost.
• BPY v MXV [2023] EWHC 82 (Comm): Successfully defending a challenge brought under Section 68 of the Arbitration Act 1996 to an arbitral award. This case is significant because of the numerous and notable grounds for the challenge, which included: rules applicable to cross examinations in London-seated arbitrations; alleged bias; and treatment of allegedly unlawfully obtained documents.
• A and B  -v- C, D and E [2020] EWCA Civ 409 and [2020] EWHC 258 (Comm): acting for the successful appellants in the Court of Appeal and Commercial Court in an application under s. 44 Arbitration Act 1996 to compel the evidence of a non-party witness in aid of a New York arbitration.
• Morley v The Royal Bank of Scotland [2019] EWHC 2865 (Ch) and [2020] EWHC 88 (Ch): acting for a property developer against the Defendant bank including on successful applications for specific disclosure and to summon two former bank employees to give evidence at trial.
• Ang v Reliantco Investments Ltd [2019] EWHC 879 (Comm); [2020] EWHC 2529 (Comm); [2020] EWHC 3242 (Comm): acting for the Defendant in: (i) an application challenging the jurisdiction of the English Court to hear a claim relating to the alleged wrongful close-out of Bitcoin futures; and (ii) at trial.
• CMOC Sales & Marketing Limited v Persons Unknown & 30 ors [2018] EWHC 2230 (Comm): acting for international commodities business subject to a sophisticated Business Email Compromise fraud. Obtained first-known reported worldwide freezing injunction against ‘Persons Unknown’.
• Acting for a London-based hedge fund against a US bank in relation to an underperforming portfolio of mortgage-backed securities.
• Acting for a number of substantial London and UK-based property developers against major UK and European banks regarding the alleged mis-sale of interest rate derivatives and fraudulent manipulation of Libor.
• Representing a number of UK-based clients against UK retail banks regarding multiple frauds committed by third parties on a number of the clients’ accounts held at various defendant banks.
• Representing a mobile phone network operator in relation to the termination of its contract with its support and maintenance contractor.
• Acting for a European software house against an international financial institution for claims of breach of a licence agreement and defending a counterclaim for breach of contract.
• Representing a UK logistics business to manage the termination of a transportation services contract where the relationship had broken down.
• Obtaining Norwich Pharmacal relief for several investment vehicles beneficially owned by a high net worth individual following a high value Ponzi-style investment fraud.
• Acting for a London hedge fund in an application for injunctive relief against a fraudulent investment manager.
• Representing a petrochemicals company in an application for injunctive relief against the closure of its UK and overseas bank accounts.