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Nick Elwell-Sutton

Partner, London

Recent experience

Transactional

  • US$950m acquisition on behalf of Swiss Re of Zurich's casualty book.
  • US$500m acquisition for Hachette Livre SA of the publishing division of AOL/Time Warner.
  • £210m acquisition for Hachette Livre SA of the Hodder publishing business from WH Smith plc.
  • US$200m disposal of pan-European pharmaceuticals business for Shire plc.
  • Employment aspects of a £1.6bn, 10 year insurance policy and related outsourced claims management service.
  • Advising Novartis Pharmaceuticals on its global IT outsourcing contract with IBM.
  • Numerous corporate insurance transactions including the acquisition of the Beaufort Agency for Munich Re, the US$145m formation of ICAT Syndicate 4242, the US$285m disposal of Continental Management Services to Tawa for CNA Re, the £160m acquisition of Hastings Direct motor insurance by Insurance Australia Group and £170m acquisition of Provident Insurance by GMAC.
  • Canopius on its contested £200m offer for Omega Insurance Holdings.

Contentious

  • Prosecuting and defending various team moves within the insurance sector.
  • Defence of a US$3m unlawful competition, breach of fiduciary duty and conspiracy claim involving a springboard injunction.
  • Defence of an industrial espionage case spanning the UK, Germany, Italy and China involving serious allegations of theft of intellectual property by employees and conspiracy to defraud valued at £12m and involving orders for delivery up and IT forensics.
  • Advising an insurer on the defence of a £4m bonus claim and counter-claims involving breach of fiduciary duties both in London and Singapore.
  • Successful defence of whistleblowing claims against FSA regulated bodies.
  • Advising in relation to the enforcement of restrictive covenants and the unlawful removal and use of confidential information including the extensive use of IT forensics.
  • Reported cases include Dudley Bower Building Services Ltd -v- Lowe & Ors [2003] IRLR 260, Solectron Scotland Ltd -v- Roper & Ors [2004] IRLR 4 and Crossley -v- Faithful & Gould Holdings Ltd [2004] IRLR 377.