Matthew McGhee

Matthew has experience of large-scale international commercial litigation, having previously been instructed in Libyan Investment Authority v Société Générale & ors (Claim no: CL-2014-000144), a US$ 2.1 billion claim brought by the sovereign wealth fund, against the international investment bank and a third party, seeking rescission of a number of derivative options and other investments on the grounds of fraud and illegality. He is currently instructed (with Philip Edey QC) in a US$ 42 million claim between shareholders in respect of the construction of a shipping port.

He also regularly acts as sole counsel and has often been required to appear on an urgent basis to obtain injunctions, including freezing orders and other similar protective measures. Matthew was previously instructed (with Thomas Raphael QC) to obtain an anti-suit injunction in Unwired Planet v Huawei [2017] EWHC 2831 (Pat) in respect of ongoing litigation concerning certain mobile communication patents.

Other matters on which Matthew has recently worked include advising a shipyard in respect of a claim for defective work (with David Lewis QC), the payment of introduction agents in the music industry, and a dispute over design consultancy and website-hosting agreements. He is also often instructed to advise in non-contentious situations, most recently on the interpretation of a proposed oil well services agreement.

Matthew has a wide range of commodities experience, including a variety of standard terms such as SCoTA, GAFTA, FOSFA & the Shell GTCs.

Recent instructions have included a US$ 13 million claim (with Julian Kenny QC) concerning property and security interests in steel held by a port authority), a US$ 3.2 million ICC arbitration regarding off-specification acetone that was said to have deteriorated in storage, and a EUR 1.5 million claim (with Luke Pearce) for damages and restitution in relation to prepaid contracts for grain where the vendor company was dissolved and there were issues as to delay and quality. 

Matthew also has experience of claims in respect of:

• Conversion
• The passing of property & risk
• Prohibition on import/export
• Calculation of loss

As a pupil, Matthew assisted Malcolm Jarvis on Soufflet Negoce SA v Fedcominvest Europe SARL [2014] 2 Lloyd's Rep 537, a case concerning the proper interpretation of the standard GAFTA notice clause.

Many of the disputes on which Matthew has worked have involved company law issues and he frequently appears in the Companies Court and County Courts in matters of corporate insolvency and more general company law matters. 

Matthew is currently instructed as sole counsel in a US$ 2 million arbitration between shareholders in a joint venture company. He was also recently instructed to obtain an emergency injunction in the High Court to prevent the removal of a director by a shareholders’ meeting in circumstances where the company was of doubtful solvency. Matthew has often been instructed to act for office holders in applications to set aside transactions entered into at an undervalue and transactions to defraud creditors, and regularly speaks at conferences on these topics.

Matthew is also familiar with issues raised in cross-border insolvency situations, and has made applications in the English courts to facilitate the assistance of foreign courts in a bankruptcy. He regularly advises in hearings concerning administrations, as well as in bankruptcy proceedings in relation to individuals and partnerships.

Matthew also has experience of claims in respect of:

• Knowing receipt & dishonest assistance
• Breach of trust & other fiduciary duties
• Shareholder rights
• Share purchase agreements

Further to his general commodities practice, Matthew understands the specific issues that arise in the context of disputes concerning coal, oil & gas, etc., and has experience of industry standard forms such as SCoTA & the Shell GTCs.

He has previously been instructed in a US$ 25 million ICC arbitration concerning a long term gas supply contract (with Michael Ashcroft QC), and to advise on the construction of a termination clause in an oil well services agreement which incorporated LOGIC terms. Matthew has also acted as tribunal secretary (to Julian Lew QC) in a US$ 5.8 million arbitration concerning a dispute as to the construction of a joint venture & financing agreement in relation to oil and gas exploration.

As a pupil, Matthew assisted Christopher Hancock QC and Malcolm Jarvis on Assuranceforeningen Gard Gjensidig v International Oil Pollution Compensation Fund 1971 [2014] EWHC 3369 (Comm), a case concerning the existence of a legally binding agreement for funding interim compensation payments for oil pollution damage. Matthew also assisted on the earlier freezing injunction application ([2014] 2 Lloyd's Rep 219).