Jonathan Swil

Jonathan Swil

Partner

Email

jonathan.swil@aoshearman.com

Phone

+44 20 7655 5725

Offices

London

V-CARD

Jonathan has significant and versatile experience advising a wide range of clients, including financial institutions, corporates and professional services firms, on a range of domestic and cross border litigation and insolvencies.

He has a particular focus on financial services, and insolvency and other complex commercial litigation . Many of Jonathan’s matters have a cross-border element and he is experienced dealing with complex multi-party, multi-jurisdictional matters involving foreign laws, including in relation to the enforcement of arbitral agreements and awards. He has been involved in ground-breaking litigation, including the trial of one of the largest frauds in history, one of the most important anti-suit injunction and arbitration claims of recent times and a major judicial review under the UK/EU Trade and Co-operation Agreement involving the largest UK Government subsidy since the 2008 financial crisis.

Experience

Representative matters

  • A large UK energy supplier in relation to a high-profile English High Court judicial review/subsidy control claim in relation to a multi-billion pound government subsidy granted in connection with Octopus Energy’s acquisition of Bulb (in administration).
  • A major global bank in a significant multi-party and cross border competition damages action in the High Court and Competition Appeal Tribunal relating to the widely publicised alleged manipulation of global FX markets by various banks between 2003-2013.
  • Certain of the c. 11,000 bondholders in London Capital & Finance in relation to judicial review proceedings and other related disputes in respect of a decision by the Financial Services Compensation Scheme not to compensate the majority of bondholders following LC&F’s high-prolife collapse in 2019.
  • ENKA in ENKA v OOO “Insurance Company Chubb”, obtaining an anti-suit injunction restraining Russian proceedings brought in breach of an arbitration agreement. The Supreme Court’s decision, upholding that of the Court of Appeal to grant the anti-suit relief sought by ENKA, is an important clarification of the English Court’s supervisory role in relation to arbitrations seated in the jurisdiction, including in particular the principles determining the applicable law of an arbitration agreement. Enka v Chubb was named the “Most Important Decision of the Year” by the Global Arbitration Review in 2021 and Shearman & Sterling’s representation of ENKA was shortlisted for the award for Best Arbitration Team of the Year at the 2021 British Legal Awards.
  • A global financial institution in relation to various disputes with market participants and regulators.
  • An investment fund in its High Court damages claim against another fund in respect of an options agreement arising in connection with a high prolife restructuring in the paper industry.
  • A global financial institution in relation to multiple sets of proceedings in the English High Court, and courts of Belgium, the Netherlands and other countries, involving various complex cross-jurisdictional issues relating to the enforcement of a $500 million arbitral award and $22 billion asset freeze obtained by third parties in the Dutch and Belgian courts against the Republic of Kazakhstan. Directors in their defence of an unfair prejudice petition.
  • A FTSE100 company in relation to a major IT outage affecting its business globally.
  • A large UK building supplies company in connection with a contentious IT transformation project.
  • One of the largest UK pension funds in relation to the exiting of a major IT transformation project.
  • A major accounting firm as liquidators of the Saad group of companies in its multi-billion dollar dispute with the Saudi-based Algosaibi family, including in relation to the largest trial in Cayman Islands’ history and one of the largest ever financial frauds, and numerous related insolvency proceedings and satellite litigation in Saudi Arabia, Bahrain, Switzerland, UK and the USA.
  • A big Four firm in connection with Lehman Brothers’ UK administration.
  • A Big Four firm as special liquidators of Irish Bank Resolution Corporation Limited, including proceedings in the High Court and other disputes arising in connection with the bank’s liquidation.

Pro bono

  • Representing the interests of the c. 11,000 bondholders in London Capital & Finance in relation to novel judicial review proceedings and other related disputes in respect of a decision by the Financial Services Compensation Scheme not to compensate the majority of bondholders following LC&F’s high-prolife collapse in 2019. Our representation facilitated the receipt of substantial compensation for most bondholders.

Awards

  • Rising Star, Banking Litigation, Legal500, 2022
  • Law Firm of the Year (acting for London Capital & Finance bondholders), Peer2Peer Finance Awards, 2023
  • Highly Recommended (acting for London Capital & Finance bondholders), FT European Innovative Lawyers Awards, 2023.
  • Highly Commended, Law Firm of the Year category (acting for London Capital & Finance bondholders), Peer2Peer Finance Awards 2022
  • Most Important Decision of the Year (Enka Insaat ve Sanayi AS v OOO Insurance Company Chubb), Global Arbitration Review (GAR) Awards, 2021

Qualifications

Admissions

England & Wales, 2016

Courts

Supreme Court of New South Wales, 2006

Academic

BSc, Physics, University of New South Wales, 2005
LLB, University of New South Wales, 2005

Languages

English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.