Alexander Layton QC

Alexander Layton QC's practice covers a wide range of commercial and other disputes, many of which involve questions of private international law or arbitration. His practice is mainly in the High Court and Court of Appeal and in arbitral tribunals. He has also sat as an arbitrator in international commercial arbitrations both in the UK and abroad. He has given expert evidence on English law in proceedings in Europe, Russia, Canada, Latin America and the United States and has lectured frequently on topics of commercial and private international law in Britain, Europe and the United States.

Recent and current work

Recent court work includes important cases on the international enforceability of English judgments (Masri v. Consolidated Contractors, Nos 2, 3, 4 and 5), the remedial response to actionable cartel behaviour (Devenish Nutrition v. Sanofi-Aventis), the compatibility with European law of anti-suit injunctions (The Front Comor), of the rules governing the UK's strategic oil reserve (R (Mabanaft) v. DTI) and of maritime limitation conventions (Mærsk Olie & Gas v. de Haan), and the procurement of a breach of an arbitration agreement by the wrongful arrest of a vessel (Kallang v. CCMN (No. 2)). Alex Layton also recently acted in a major international arbitration involving Russian interests in which, having obtained a freezing order for some $100's millions, a settlement was achieved. He has recently been advising parties from several countries on references to the European court in company law and fraud cases and acts for group litigation claimants in an action for environmental damage

Principal Cases:

Kallang Shipping SA v. Axa Assurances Senegal ("The Kallang") (No.2) [2008] EWHC 2761 (Comm) - Arbitration agreement - Arrest of vessels - Procuring breach of contract - Senegal.

Masri v. Consolidated Contractors International Co SAL (No.5) [2008] EWHC 2492 (Comm) - Construction contracts - Construction projects - Enforcement - Equitable execution - Foreign companies - Freezing injunctions - Judgment creditors - Receivables - Receivers.

Masri v. Consolidated Contractors International Co SAL (No. 4) [2008] EWCA Civ 876 - Company officers - Foreign companies - Information from judgment debtors - Jurisdiction - Non-parties - Permission - Service out of jurisdiction

Masri v. Consolidated Contractors International Co SAL (No. 3) [2008] EWCA Civ 625; [2008] 2 Lloyd's Rep. 301 - Anti-suit injunctions - Causes of action - Comity - Discretion - Judgment debtors - Jurisdiction - Oppression

Masri v. Consolidated Contractors International Co SAL (No. 2) [2008] EWCA Civ 303; [2008] 2 Lloyd's Rep. 128 - Enforcement - Equitable execution - Extraterritoriality - Freezing injunctions - Judgment creditors - Jurisdiction - Oil and gas industry - Receivers

R. (Mabanaft Ltd) v. Secretary of State for Trade and Industry [2008] EWHC 1052 (Admin) - Energy - Importers - Margin of appreciation - Oil

Devenish Nutrition Ltd v. Sanofi-Aventis SA [2007] EWHC 2394 (Ch); [2008] 2 W.L.R. 637 - Competition law - Account of profits - Anti-competitive practices - Cartels - Compensation - Double jeopardy - Exemplary damages - Measure of damages - Principle of effectiveness; Principle of equivalence; Restitution

Kallang Shipping SA v. Axa Assurances Senegal ("The Kallang") [2007] 1 Lloyd's Rep 160 - Anti-suit injunction - Charterparty containing arbitration clause - Arrest of vessel - Term implied into arbitration agreement that arbitration would not be frustrated.

Hewden Tower Cranes Ltd v. Wolffkran GmbH [2007] EWHC 857 (TCC); [2007] 2 Lloyd's Rep. 138 - Allocation of jurisdiction - Contracts of sale - Contribution - Jurisdiction clauses - Member States - Brussels I Regulation - Statutory interpretation

CNA Insurance v. Office Depot International (UK) Ltd [2005] EWHC 456 (Comm) - Conflict of Laws- Jurisdiction - forum non conveniens - Prior agreement - Insurance

Maersk Olie & Gas A/S v. Firma M de Haan en W de Boer (ECJ, case C39/02) [2004] E.C.R. I-9657 - Maritime Limitation conventions - Jurisdiction - Brussels Convention on Jurisdiction and Judgments

Navigators Insurance Co. Ltd v. Atlantic Methanol Production Co LLC [2004] 1 Lloyd's Rep 418 (comm) - Insurance - Conflicts - Good arguable case - forum non conveniens.

Downing v. Al Tameer Establishment [2002] 2 All ER (Comm) 545 (CA) - Arbitration agreement - repudiation.

CGU International Insurance Co v. Szabo [2002] 1 All ER (Comm) 83 - Global liability policy - applicable law - parallel proceedings in USA - forum non conveniens.

Italian Leather SpA v.WECO Polstermöbel GmbH & Co KG [2002] ECR 4995 (European Court of Justice) - Brussels Convention - conflicting interim judgments

Knauf UK Ltd v. British Gypsum Ltd [2001] 1 Lloyd's Rep 199 (Comm Ct), [2002] 1 WLR 907 (CA) - Brussels Convention - Jurisdiction - Service out of the jurisdiction - Service by alternative means

Ace Insurance SA-NV v. Zurich Insurance Company [2000] 2 Lloyd's Rep 423 (Comm Ct); [2001] 1 Lloyd's Rep 618 (CA). Facultative reinsurance - Service of suit clause - Lugano Convention.

Raiffeisen Zentralbank Österreich v. Five Star General Trading [2000] 2 Lloyd's Rep. 684 (CA) - Choice of law - assignment of marine insurance contract - Rome Convention.

National Justice Compania SA v. Prudential Insurance Co. Ltd - The Ikarean Reefer (No 2) [2000] 1 WLR 603 ( Comm Ct.), [2000] 1 Lloyd's Rep 129 (CA) - Jurisdiction - Costs liability of non-party out of the jurisdiction.

American Insurance Group v. Galt - Effect of non-disclosure etc. on reinsurance written in London, Scandinavian and other markets.

City of Gotha v. Sotheby's [1998] 1 WLR 114 (CA) - Disclosure - privilege; The Times 8th October 1998 - International art theft - German law - Limitation.

Municipal Mutual Insurance Co v. Sea Insurance Co. [1996] L.R.L.R. 265; [1998] Lloyd's Rep I.R. 421 - Facultative reinsurance of port risks; affect of reinsurance and insurance covering different time periods.

Akande v. Balfour Beatty [1998] I.L.Pr. 110 - Setting aside registered Nigerian judgment for fraud.

News International v. Borgognon [1998] All ER (D) 91 - Amendment of proceedings where jurisdiction founded on Lugano Convention.

Banque Cantole Vaudiose v.Waterlily Maritime [1997] 2 Lloyd's Rep 347 - Exclusive jurisdiction agreement; concurrent Greek proceedings; anti-suit injunction

New Hampshire Insurance Co. v. MGN Ltd; Maxwell Communication Corp. v. New Hampshire Insurance Co.[1996] CLC 1692 (Comm Ct); [1997] LRLR 24 (CA) - Large-risk multi-party fidelity insurance

Firswood Ltd v. Petra Bank - effect of Lugano Convention on proceedings under bank guarantee given by insolvent Jordanian bank.

HSW Underwriting Agencies Ltd v. Smallfield Rawlins - Auditors' negligence actions arising out of collapse of the KWELM/HS Weavers insurance business.

Kahl v. Holderness Borough Council [1995] PIQR 401 - Transfer of part of cause of action under German law; effect of European and English conflicts rules.

CFEM Facades v. Bovis [1992] I.L.Pr. 561 - Effect in England of French interim orders for expert evidence.

Ladenimor v. Intercomfinanz - The proceedings in the House of Lords and European Court on appeal from Re Harrods (Buenos Aires) Ltd [1992] Ch. 72.

Ernst & Young v. Price Waterhouse & Interfiduciaire - the successful challenge to the English Court's jurisdiction over Luxembourg auditors in proceedings arising from the collapse of Bank of Credit & Commerce International.

Tesam v. Schuh Mode Team [1990] I.L.Pr. 149 - Test to be satisfied before English courts will accept jurisdiction in a Brussels Convention case, where the facts underlying the jurisdiction are disputed.

New Hampshire Insurance Co. v. Strabag Bau [1990] 2 Lloyd's Rep. 61 (QBD), [1992] 1 Lloyd's Rep. 361 (CA)- Jurisdiction under Brussels Convention in respect of large-scale insurance placed in London market.

United States of America v. Inkley [1989] QB 255 (CA) - Effect in England of US bail bond.

Chief Constable of Hampshire v. A [1985] QB (CA) - Injunction - Detention of property - proceeds of crime

Forster v. Outred & Co [1982] 1 WLR 86 (CA) - Cause of action in tort.

Education and Career:

Born in 1952, he was educated at Marlborough College (1965-1970), Brasenose College, Oxford (1971-1974), Ludwig-Maximillian Universität Munich (1974-1975) and the Faculté International pour l`Enseignement de Droit Comparé in Strasbourg and Pescara (1975).

Called to the Bar in 1976, he took silk in 1995, was appointed an Assistant Recorder in 1998 and a Recorder in 2000, sitting in both civil and criminal jurisdictions, and he is authorized to sit as a Deputy High Court Judge. He is a Bencher of the Middle Temple, of which he is also an Astbury Scholar.

He is the general editor of European Civil Practice, the leading practitioners' textbook on conflicts of law and jurisdiction in Europe and has long been acknowledged as one of the Bar's foremost experts on the Brussels-Lugano jurisdictional regime.

He is the Chairman of the Board of Trustees of the British Institute of International and Comparative Law, and a former chairman of both the Bar European Group and the British-German Jurists Association. He is also a Fellow of the Chartered Institute of Arbitrators and a member of the Commercial Bar Association (COMBAR) and of the London Common Law and Commercial Bar Association.

Recent Cases

Areas of expertise

Talk to a clerk

Principal Cases:

Education and Career:

Members with similar specialisations...

Queen's Counsel

Junior Counsel