Antony Thompson SC

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Antony has a general international commercial practice and appears in the Commercial Court in London, in international commercial arbitrations both in the UK and in Southern Africa and in the Supreme Court in South Africa, Botswana and Namibia and has assisted in litigation in Zambia.

He was a Rhodes Scholar and graduated from Stellenbosch University: BA (cum laude), LLB (cum laude), with the top pass in his year, and thereafter graduated from Oxford University: BA (law) and an MSt (philosophy) in Wittgenstein and Aesthetics.

Specialisations: 

General Commercial Litigation & Arbitration

He has been involved in diverse aspects of commercial litigation: letters of credit; performance bonds and other banking matters, including money market warehousing issues, exchange control, sureties, cessions and cheque disputes; company law matters, including shareholder, liquidation and restraint of trade disputes; as well as a number of intellectual property disputes: the high level architecture for banking systems and the low level corruption of tables of contents of large storage systems. He also acted for and advised the South African Public Accountants and Auditors Board on a regular basis over a number of years in disciplinary hearings arising from the collapse various groups of companies. He has appeared in a number on international commercial arbitrations, which are confidential.

Energy

Antony has been involved in international arbitrations and litigation relating to production sharing agreements for the development of oil and gas fields (including financial/tax implications), off-shore oil rig construction disputes, pipeline stability disputes, nuclear energy and power plant intellectual property and construction disputes, joint venture disputes relating to the mining of resources, and, in various instances, follow up applications to enforce or set aside the awards, either in the English Courts (New York Convention, Section 67 and 68 of the English Arbitration Act, 1996) and under the South African Arbitration Act, 42 of 1965. He has experience of arbitrations conducted under various rules including ICC, AFSA and ad hoc arbitrations.

Insurance

He has experience in relation to insurance matters including, Excess Liability, the Bermuda Form (New York law), Fidelity, D&O, CAR, Fire, Business Interruption, Professional Indemnity, Carriage of Goods, Credit Insurance, and Reinsurance arbitration and litigation. He conducted litigation on behalf of the Society of Lloyd's against members arising from the enforcement of the Equitas reinsurance contract.

Construction

He has been involved in many construction disputes during his practice, including a number of international arbitrations and High Court cases in Southern Africa. He has represented the South African power utility, Eskom, Anglo American, the Government of Botswana and the Government of Namibia. He has experience in relation to power plants, including audio leak detection systems, canals, off-shore oil rig construction, mines, soil stability, on-bottom (ocean) stability of pipelines, and general construction issues in relation to buildings as well as professional negligence - liability of contractors, engineers and architects.

Mining

He has been involved in many mining law and mining law related disputes, especially in the platinum group metals and coal sectors. As a junior in South Africa he held the only general junior commercial retainer for both De Beers and Anglo.

Conflict of Laws

He has advised on and been involved in a number of cases concerning conflicts of laws and has appeared in the Court of Appeal on the application of the Rome Convention to Letters of Credit and in the Supreme Court of Appeal in South Africa on the “gap” problem in the context of limitation.

Principal Cases: 

Arbitration

Hyperchemicals International (Pty) Ltd & Another v Maybaker Agrichem (Pty) 1992 (1) SA 89 (TPD)).

Banking

Francis George Hill Family Trust v SA Reserve Bank & Others 1992 (3) SA 91 (A);

Eskom v First National Bank of SA Ltd 1995 (2) SA 386 (A);

Fundstrust (Pty) Ltd (in liquidation) v Van Deventer 1997 (1) SA 710 (A);

First National Bank of SA Ltd v Lynn NO & Others 1997 (1) SA 710 (A); 1996 (2) SA 339 (A);

Standard Bank Financial Nominees (Pty) Ltd v Bamberger & Others 1993 (4) SA 84 (W);

Leipsig v Bankorp Ltd 1994 (2) SA 128 (A).

Company Law

Nuwe SA Prinsipale Beleggings (Edms) Bpk & Another v Sloet & Others 1992 (4) SA 381 (T);

Nuwe SA Prinsipale Beleggings (Edms) Bpk & Another v Saambou Holdings Ltd & Others 1992 (4) SA 696 (W);

Macadamia Finance Bpk & Another v De Wet & Others NNO1993 (2) SA 743 (A);

Gore & Another NNO v Safricon Industrial (Pty) Ltd 1994 (4) SA 536 (W);

First National Bank of SA Ltd v Quality Tyres (1970) (Pty) Ltd 1995 (3) SA 556 (A);

CTP Ltd & Others v Argus Holdings Ltd & Another 1995 (4) SA 774 (A);

Investec Bank Ltd & Another v Lefkowitz 1997 (3) SA 1 (A);

Etkind & Others v Hicor Trading Ltd & Another 1999 (1) SA 111 (W);

CTP Ltd & Others v Independent Newspapers Holdings Ltd 1999 (1) SA 452 (W).

Conflict of Laws

PT Pan Indonesian Bank Ltd v Marconi Communications International Limited [2005] EWCA Civ 422;

Society of Lloyd's v Price 2006 (5) SA 393 (SCA);

Society of Lloyd's v Ilse 2006 CLR 101 (C);

Society of Lloyd's v Romahn and Two Others 2006 (4) SA 23 (C).

General Commercial

world wide freezing injunction: Swift Fortune Ltd v Magnificia Marine Ltd ("The Capaz Duckling") [2007] EWHC 1630 (Comm).

Intellectual Property

Danco Clothing (Pty) Ltd v Nu-Care Marketing Sales & Promotions (Pty) Ltd & Another 1991 (4) SA 850 (A); African Consolidated Agencies (Pty) Ltd v Siemens Nixdorf Information Systems (Pty) Ltd 1992 (2) SA 739 (C).

Insurance

Lappeman Diamond Cutting Works (Pty) Ltd v MIB Group (Pty) Ltd (No 1) 1997 (4) SA 908 (WLD);

Lappeman Diamond Cutting Works (Pty) Ltd v MIB Group (Pty) Ltd (No 2) 1997 (4) SA 921 (WLD);

Goodman Brothers (Pty) Ltd v Rennies Group Ltd 1997 (4) SA 91 (WLD)).

Tax

Minister of Finance & Another v Law Society, Transvaal 1991 (4) SA 544 (A).

Education and Career: 

Antony is an Oxford Boxing Blue (Heavyweight), is a Second Dan in karate (Gogu-Ryu) and was the captain of the University of Stellenbosch Fencing Team.

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