Consequently the bar’s rising stars are cutting their teeth on what will be the defining cases of the recession, a situation that will produce a new generation of star barristers.

Today The Lawyer reveals the leading trials that will define 2012 and provide an insight into what they mean for litigants and their lawyers.

The banking collapse of 2008 ­continues to dominate, kicking off with what is widely believed to be the defining case on bankers’ bonuses. While it may not be the largest sum in dispute – £29m claimed by 104 bankers – it will certainly be high-profile. On the defendants’ side sits Dresdner Kleinwort, which merged with Commerzbank in early 2009, backed by a German government bailout of €18.2bn (£15.4bn). Linklaters partner Nicola Rabson has instructed Matrix Chambers’ Thomas Linden QC for the bank.

While examining whether bankers should be entitled to promised bonuses despite the liquidity of their former employers, lawyers are also gearing up to decide to what extent spouses should be liable for sureties for their partners’ banking debts.

AIB Group (UK) disputes assertions made by the claimant, Christine Davies, that she was unduly ­influenced by her late husband when he secured loans. A central plank of the dispute is that the claimant received independent legal advice and, the bank contends, this negates her claim she was ­unduly influenced.

Vicious circling

Elsewhere in the banking community Barclays Private Clients International, the banking division of Barclays that crosses both onshore and offshore jurisdictions, is attempting to recoup losses stemming from ­alleged mortgage fraud.

The case is typical of several major mortgage fraud claims, which litigators say have been circling the City for some time without confirmed ­instructions.

Professional negligence lawyers will be observing the case closely, as it provides an opportunity for the country’s leading professional negligence silks to go head-to-head.

For Barclays is 4 Pump Court’s Michael Douglas QC, who will face two 4 New Square silks Justin Fenwick QC for Savills Private Finance and Roger Stewart QC for Montague Lambert. Ben Hubble QC of 4 New Square is leading for what was formerly Saracens Solicitors, while Wilberforce Chambers silk Joanne Wicks QC is representing Stocker & Roberts.

On a multijurisdictional level, Deutsche Bank’s global dispute with Sebastian Holdings has already tested the jurisdiction law, with the ­defendants attempting to bring an anti-suit injunction in New York to prevent Deutsche from launching proceedings in London. There are now proceeding in both jurisdictions, with Deustche’s claim being heard in the High Court and Sebastian ­Holdings’ counter claim in the New York Supreme Court.

In what is sure to be a classic showdown for the bar, this case pitches Essex Court Chambers’ David Foxton QC and 3 Verulam Buildings’ Sonia Tolaney QC for the bank against Brick Court Chambers’ Tim Lord QC for Sebastian Holdings.

Squaring up

What is noticeable from the cases that unpick the global webs behind the ­recession is the re-emergence of insolvency set South Square (formerly 3-4 South Square). Rubin & Lan v Eurofinance puts South Square’s Robin Dicker QC and Robin Knowles QC against Gabriel Moss QC. What makes it more intriguing is the application by the US-appointed trustee of Bernard L Madoff Investment Securities, Irving Picard, to intervene.

Such was the enormity of the Madoff scandal that this case is only starting to break through to the surface domestically, and this Supreme Court case will define the extent to which US bankruptcy proceedings can be enforced in England and Wales.

What is clear is that, in acting for the Madoff intervernors, Blackstone Chambers’ Pushpinder Saini QC and Adrian Briggs QC are attempting to set up a framework that will enable US bankruptcy proceedings to be ­enforceable in the UK.

For litigators this case is significant for reflecting increased judicial coordination around the globe, particularly for common law jurisdictions. Critics say the current status quo puts English-based defendants at a disadvantage and lawyers are ­watching closely to see whether the Supreme Court will uphold the Court of Appeal (CoA) ruling.

Bar flier

London’s position as a world disputes centre is underpinned by the international litigants who continue to file claims at the High Court.

Be it a legal status symbol for a Russian oligarch, the judicial fairness afforded to parties involved in the $1bn (£640m) dispute over exploration rights in a Kurdistan oilfield, or the insurers who believe that the bar is best to argue technical points on coverage, it can be found in London.

The generalist commercial bar is enjoying a boom time. Brick Court can boast 21 appearances in The Lawyer’s leading cases for 2012, with Blackstone and Fountain Court on 10 each and South Square on 18.

However, it is the niche chambers that will really come into their own this year. Take Pump Court Tax Chambers, one of the country’s leading tax sets, which this year has silks on two of the leading cases: David Ewart QC and Rupert Baldry QC have been instructed by HM Revenue & Customs (HMRC) to defend a potentially groundbreaking franked investment income (FII) group litigation order; and David Milne QC has been instructed by Hogan Lovells partner Greg Sinfield to act for the group behind the Nectar loyalty scheme, Loyalty Management UK, in its dispute with the taxman.

4 New Square has cashed in on the wave of professional negligence claims, while Monckton Chambers is getting its young silks involved in the major competition cases.

Methodology

The Lawyer invited more than 100 leading litigators, barristers and senior clerks to nominate what they felt to be the most significant cases of 2012. The responses to the survey form the basis of the listings.

These cases, which are not listed in order of priority, have been selected based on the contribution they are expected to make to the development of the law. In addition, we have selected cases that will be high-profile and those that bolster London’s reputation as an international litigation centre.

Bankers’ bonuses

(1) Richard Attrill & Ors v Dresdner Kleinwort Limited & Commerzbank AG and (2) Fahmi Anar & Ors v Dresdner Kleinwort Limited & Commerzbank AG

As the definitive case on bankers’ bonuses and the first group action of its kind to be heard in the High Court, this is an eagerly awaited matter.

The group of bankers launched their claim in September 2009, alleging that they are owed a combined €33m in bonuses that the bank had previously agreed to honour.

In June 2008 the bank had informed the FSA that it had taken action to mitigate the risk of significant staff defections by creating a staff retention scheme, which would include a minimum bonus pool. Instead of receiving their traditional Christmas bonus letter, the claimants were told that any bonus would be subject to a so-called ‘material adverse change clause’, effectively meaning that the bonus would be paid in February 2009 pending the financial performance of Dresdner Kleinwort.

The case is against the former bank Dresdner Kleinwort, which merged with Commerzbank in early 2009, backed by a German government bailout of €18.2bn.

Claimant: 4 Pump Court’s Nigel Tozzi QC to lead Kate Livesey of the same set, instructed by Stewarts Law partner Andrew Shaw for the 83 Attrill claimants; Essex Court’s Andrew Hochhauser QC to lead David Craig of the same set, instructed by Mishcon de Reya partner Mark Levine for the 21 Anar claimants

Defendant: Thomas Linden QC of Matrix to lead Brick Court’s Martin Chamberlain and Oliver Jones, instructed by Linklaters partner Nicola Rabson

Hearing date: 23 January 2012 for four weeks

Court: Queen’s Bench Division (QBD)

Legal costs

Motto & Others v Trafigura Ltd & Trafigura Beheer BV

Having settled its £100m action against Trafigura without the company conceding liability for a reported £30m, Leigh Day & Co issued an eye-watering costs bill of £105m. These costs were allegedly incurred in conducting a group personal injury action for approximately 30,000 residents of the Ivory Coast against Trafigura from 2006 to 2009.

It is the dispute over costs that the court will examine in 2012. This will start with a five-day first-instance hearing on points of principle on 9 January before Senior Costs Judge Hurst. The hearing will be followed by another before the CoA on two fundamental points of law: the incidence of interest on costs and the proper calculation of after-the-event (ATE) insurance policy premiums. The outcome of these hearings will lay the foundation for what is believed to be the most detailed assessment of costs ever put before the courts.

The case will be monitored closely and will throw up plenty of case law for firms working on conditional fee arrangements (CFAs). Whatever the outcome, it is widely expected that this bitterly fought case will progress to a higher court.

Court of Appeal:

Appellant: 7KBW’s Christopher Butcher QC to lead Benjamin Williams of 39 Essex Street, instructed by Leigh Day partner Martyn Day

Respondent: Nicholas Bacon QC and Daniel Saoul of 4 New Square, instructed by Macfarlanes partner Simon Nurney for Trafigura

Senior Court costs office:

Claimant: As above

Defendant: As above

Hearing dates: 30-31 January (CoA); February/March (Senior Court costs office)

Courts: CoA; Senior Court costs office before Senior Costs Judge Hurst

Banking

Christine Davies v AIB Group (UK)

This case is important in defining the limits of a successful plea of undue influence against lenders, especially where wives agree sureties for their husbands’ debts.

The claimant contends that she was unduly influenced by her late husband in respect of the provision of security in favour of the bank. The bank disputes this and claims payment of substantial secured sums, in respect of which charges and guarantees were executed by Christine Davies.

An important legal issue is the effect of the independent solicitor’s advice that Davies received in respect of at least one transaction. Can the bank maintain that such advice negated the possibility of notice of undue influence to the bank on other transactions?

The bank maintains that it is entitled to assume that proper legal advice will have been given to a joint mortgagor, to the effect that she will be responsible for all of the co-mortgagor’s debts to the lender.

The case will have implications for whether both spouses will need to get independent legal advice when agreeing bank arrangements.

Claimants: Fountain Court’s Richard Coleman, instructed by Judge Sykes Frixou consultant Michael Gardner

Defendants: 11 Stone Buildings’ Jeremy Cousins QC instructed to lead St Philips Barristers Chambers’ John Brennan by Moran & Co name partner Patrick Moran for AIB (UK)

Hearing date: 21 February (for five days)

Court: Chancery Division

Technology

Nokia v Samsung & Ors

In December 2009 Nokia, the world’s largest handset maker, launched claims in the UK and US against a range of LCD manufacturers over price-fixing. This came ahead of fines totalling hundreds of millions of euros imposed on the defendants by Europe’s antitrust watchdog.

The company is seeking unspecified damages for price-fixing alleged to have been carried out over a 10-year period between 1996 and 2006 by the defendants.

As a result Nokia has paid too much for LCD display screens and now the company wants some of its money back.

Philips, which was represented by Slaughter and May and Monckton’s Paul Lasok QC, has already settled the claim.

Nokia uses LCD technology in its mobile phones and they are used to make cathode ray tube displays.

Many of the defendants are looking to either strike out or stay the proceedings in the March interlocutory hearings, while Nokia is aiming to amend its claim so as to broaden it.

Claimants: Monckton’s Christopher Vajda QC and Paul Harris QC are leading Ben Raymond of the same set, instructed by Bird & Bird partner Gerry Kamstra for Nokia

Defendants: Brick Court’s Aidan Robertson QC, instructed by Osborne Clarke partner Adrian Lifely for AU Optronics; Brick Court’s James Flynn QC leading Robert O’Donoghue, instructed by Covington & Burling of counsel Richard Mattick for Samsung;

Brick Court’s Danny Jowell QC, instructed by Simmons & Simmons partner Tony Woodgate for Sharp; Brick Court’s Nicholas Green QC leading Tony Singla of the same set, instructed by Allen & Overy (A&O) partner Philip Mansfield for Hitachi; Brick Court’s Kelyn Bacon, instructed by Morrison & Foerster (MoFo) partner Alan Owens for Seiko Epson; Monckton’s’ Paul Lasok QC leading Alistair Lindsay, instructed by A&O partner Neville Cordell for Samsung SDI; Blackstone’s Tom de la Mare, instructed by White & Case partner John Reynolds for Toshiba

Hearing date: March (interlocutory hearings)

Court: Chancery Division

Breach of contract

Michael Cherney v Oleg Deripaska

Michael Cherney launched his claim against Oleg Deripaska, a Russian billionaire who owns the huge Russian aluminium company Rusal, in November 2006.

Cherney claims Deripaska holds 20 per cent of the Rusal shares on behalf of Cherney and is suing for damages for breach of Deripaska’s agreement to dispose of the shares and to account to Cherney for the proceeds. The claims are based on a written agreement between the two businessmen signed in a London hotel room in March 2001. Deripaska denies that Cherney owns shares and said in an affidavit that his relationship with Cherney was one of a businessman being extorted by a crime boss.

In July 2008 Mr Justice Clarke ruled that Cherney had the right to sue Deripaska for £2bn. Clarke J held that Cherney might be assassinated or held on trumped-up charges if he tried to bring the case in Russia. Cherney has been given permission to give evidence via videolink at the April trial.

The feud between the two is typical of the type of dispute the Government wants to attract to London. Significant both in terms of ramifications and legal costs.

Claimant: Brick Court’s Mark Howard QC, Essex Court’s David Foxton QC and Brick Court’s Fionn Pilbrow and Tony Singla instructed by Dechert partner Andrew Hearn for Cherney

Defendant: Blackstone’s Tom Beazley QC, Essex Court’s Paul Stanley QC, One Essex Court’s Alain Choo Choy QC leading Essex Court’s Paul Key and Blackstone’s Tom Weisselberg, instructed by Quinn Emanuel Urquhart & Sullivan partner Sue Prevezer QC for Deripaska

Hearing date: April (for 10 weeks)

Court: Commercial Court

Jurisdiction in enforcement

Rubin & Lan v Eurofinance SA

The CoA in July 2010 recognised not only US Chapter 11 bankruptcy proceedings, but also the enforcement of US clawback proceedings. The domestic court found that foreign court actions to recover money from debtors could be recognised and enforced under the Uncitral Model Law on Cross-Border Insolvency. This was despite the fact that the foreign actions were technically distinct from the primary collective insolvency proceedings.

The case is of importance to English defendants,who are now required to mount substantive defences to this class of claim, including setting aside a payment received from the debtor, in any jurisdiction throughout the world.

It is central to the extent of judicial cooperation in cross-border insolvencies, particularly for common law jurisdictions. The Supreme Court will decide whether or not the CoA ruling in the assessment of the jurisdiction of foreign courts is justified.

Rubin has been listed in the Supreme Court with the appeal in the New Cap Re case, where the CoA upheld an order requiring English based defendants to pay back amounts held to be preferences under Australian law to the Australian liquidator.

In addition the trustee of the Bernard L Madoff Investment Securities has been given permission to intervene.

Appellant: Lead silk to be confirmed to lead XXIV Old Buildings’ Marcus Staff, instructed by Brown Rudnick partner Patrick Elliot; Edwards Wildman Palmer partner David Kendall instructed 3-4 South Square’s Robin Knowles QC and Blair Leahy for AE Grant

Respondent: Dundas & Wilson partner John Verrill instructed 3-4 South Square’s Robin Dicker QC and Tom Smith; Mayer Brown partner Devi Shah instructed Gabriel Moss QC and Barry Isaacs QC both of 3-4 South Square for New Cap Reinsurance

Intervener: Irving H Picard as trustee in respect of the consolidated liquidation of the business of Bernard L Madoff Investment Securities LLC and Bernard L Madoff:  Blackstone’s Pushpinder Singh QC and Adrian Briggs leading Shaheed Fatima of the same set alongside South Square’s Ian Fletcher and Stephen Robins, instructed by Taylor Wessing partner Nick Moser

Hearing date: May (for four to five days)