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BCLP recognized in ‘The Lawyer’ Top 20 Cases of 2023
Feb 15, 2023International law firm BCLP received recognition for two cases in The Lawyer Top 20 Cases of 2023: Asturion Foundation v. Aljawharah Bint Ibrahim Abdulaziz Alibrahim, and Tata Consultancy Services v. Disclosure and Barring Services.
This is the firm’s fourth appearance in the annual listing with seven cases recognized, including one case last year and two cases in 2019 and 2020.
BCLP represents the Asturion Foundation – a Liechtenstein foundation established to hold assets on behalf of the Saudi royal family – in highly contested proceedings for the recovery of an ultra-high value property portfolio, including property in London.
The portfolio was transferred by a foundation board member to a widow of the late king of Saudi Arabia, without the knowledge of the remaining board members and at the expense of the other members of the royal family who are also beneficiaries. The foundation claims this action was undertaken in breach of various duties. The upcoming trial is likely to be very high-profile, given that it involves a dispute at the heart of the Saudi royal family, deals with allegations relating to properties in five European nations, and involves proceedings in at least four countries. The case concerns a number of complex issues of foreign law and facts stretching back some 15 years.
The BCLP team acting on behalf of the Asturion Foundation includes Partner and European leader of the Litigation & Investigations Department Graham Shear, Senior Associates Andrew Street and Georgia Henderson-Cleland, and Associates Megan Smith, Elisabeth Tsudikman and Megan Applegarth.
In the second case, BCLP acts for Tata Consultancy Services (TCS) in relation to a substantial ongoing breach of contract claim in the Technology and Construction Court against the Disclosure and Barring Service (DBS) regarding a high-value, long-term IT outsourcing contract to transform and digitize the Disclosure and Barring application process.
TCS is a global leader in IT and consultancy services and is reported to be the second-largest Indian company by market capitalization and is one of the most valuable IT services companies in the world. DBS is a non-departmental public body of the Home Office responsible for determining candidates unsuitable for certain employment, particularly those concerning children or vulnerable adults.
There are two key elements to the proceedings: a claim by TCS for compensation for delays to part of the transformation project and for unlawful termination of the other part; and a claim by TCS for unpaid invoices, requiring interpretation of a complex contractual charges variation procedure. DBS is also bringing a counterclaim for breach of contract relating to a number of alleged failings by TCS. The claim is likely to be one of the most technically and factually complex contractual disputes dealt with in the English courts in recent times, with a very large number of issues in dispute and a wide variety of different legal principles in play.
The BCLP team acting on behalf of TCS includes Partners Joby Davies and Rachel Ziegler, Associate Director Rhys Corbett, Senior Associate Charles Reed and Associate Fiona Boyle.