Stephen Cogley KC
Background

Stephen Cogley KC

Call: 1984 Silk: 2011


Overview


Stephen Cogley KC is “one of the best commercial barristers in the City. He is a brilliant advocate-bold aggressive and thoughtful, and a go-to barrister on challenging matters” [Legal 500 2025].

He is a well-known commercial silk with a market leading reputation for his advocacy and ability to manage high value and complex disputes across a range of areas and forums. His cases are usually centred around a combination of fraud, insolvency and asset recovery and typically involve urgent freezing injunctions, jurisdiction challenges and concurrent proceedings in foreign jurisdictions. It is usual for his cases to span several practice areas at the same time. He is particularly well known for his imaginative and effective solutions and outcomes in cases with challenging issues whether for the Claimant or Defendant.

Stephen’s expertise is demonstrated by his rankings in the directories, with Chambers & Partners noting that he is “an impressive advocate with a fighter’s instinct and the ability to think quickly on his feet”. He has been involved in some of the landmark or “Lawyer Top 20” cases of recent years: Recovery Partners v Rukhadze and others; Tata Consultancy Services v DBS and the “Levona” cases in the BVI and London. He often leads large teams including other silks and lawyers from foreign jurisdictions. He is a flexible team player happy working in these large teams and equally alone or in smaller more agile structures.

His practice spans the full range of Chambers core commercial fiduciary and trade areas ranging from energy, oil and gas, banking and financial services, shipping, aviation, insurance, shareholder and share sale/warranty disputes and he specialises in multi-jurisdictional, often cross-border, disputes that span several areas of law. These frequently involve complex legal issues and tough cross-examination of witnesses and experts, in respect of which he has been noted as being “outstanding – it’s a combination of his intellect and oratory ability” (Chambers & Partners – Energy).

Stephen regularly appears in the Court of Appeal, Commercial Court and Chancery Division and in Courts overseas, with Legal 500 remarking that he is “creative and very commercial, Stephen is on top of the detail at all times and a pleasure to work with” (Commercial Litigation).

He is also frequently involved in disputes in offshore jurisdictions in Cayman, BVI, Cyprus, Hong Kong and Singapore and has given expert evidence in Jersey and Texas. He is a member of the BVI bar, is registered in the DIFC and has been called to the Cayman Islands and Gibraltar bars.

Stephen also undertakes arbitrations, (LCIA, LMAA, HKIAC, ICC) both domestically and internationally as counsel and as arbitrator, including acting in related High Court litigation to enforce arbitration awards.

Stephen’s experience includes:

  • Commercial Litigation including injunctions
  • Civil Fraud, Asset Tracing & Recovery.
  • Commodities Shipping & Maritime
  • Energy, Oil and Gas
  • Insolvency & Shareholder Disputes
  • International Arbitration
  • Other areas including Insurance

Expertise


Stephen most frequently acts for shareholders, UBOs, and Joint Venture participants in commercial disputes. His commercial clients also include airlines, blue chip companies, domestic and global PLCs, individuals and SMEs. He has an established reputation in acting for high-net-worth individuals and their structures in domestic and international commercial disputes. Anecdotally has also acted for barrister’s chambers, members of the Bar, European Royal Families, football clubs, law professors, rock stars, sports personalities, the world’s biggest ship owners and their families, and solicitors in personal commercial disputes. He also undertakes oil and gas arbitrations for and against large multi-nationals and state entities in various jurisdictions.

Stephen has also been in many significant aviation cases, both in Court and arbitration. He has advised on numerous occasions in relation to aircraft leases (lease, lease-purchase, operating and finance leases, tail-end leases); delivery and re-delivery obligations; and sought and resisted delivery up orders, preservation orders and associated asset freezing orders. In addition, he has been involved in fraud cases within the aircraft industry, joint venture disputes and technical disputes concerning engines (and engine leases), and helicopters. He acted in a case involving a solicitor organising a bribe to secure a Global Sales Agency (Nayyer v Advani); a ticket sector allocation dispute between a major travel agency and Ryanair, on behalf of Gulf Air in securing a Worldwide Freezing Order and ultimately judgment in its $19M claim against former key employees who diverted payments for inflight entertainment to shell companies owned by them. He acted for Paramount Airways in its hard-fought relief from forfeiture lease disputes with GE Capital, which is still the leading case on the availability of relief from forfeiture in respect of operating leases.

Cases

2026. Acting for Defendants in an alleged Crypto fraud concerning the sale of a Stablecoin Fund backed by USD deposits. Sums at stake USD 500M, with proceedings in the DIFC, Hong Kong, Australia, USA and Cayman. [Techteryx v Aria Commodities and others].

2026. Acting for the Claimant in claims to recover EBT loans against 5700 Defendants acquired as part of a £600M non-performing asset book involving claims in England and Isle of Man. [West 28 v various].

2026. Acting in a dispute between Hong Kong UBO family shareholders in relation to the ownership and operation of family-owned companies, with proceedings in Hong Kong, BVI and Cayman. [The Ferrum/Feoso litigation].

2025. Involved in several connected arbitrations [LMAA and LCIA] between a major Turkish shipping conglomerate and its UBOs and the Azerbaijani state-owned oil major SOCAR. Sums at stake USD 400m.

2025. Involved in an LCIA arbitration concerning the ownership of the Bodrum Marina and adjacent Hotel in Turkey. Sums at stake USD 800M- 1B.

2024. Acting in two discrete LCIA arbitrations on behalf of aircraft lessors in claims by owners arising out of the grounding and confiscation of 3 aircraft by Russia post the invasion of Ukraine.

2024. Acting for Tata winning in its Defence and Counterclaim over a 6-week trial against the UK Government concerning a procurement project to upgrade and replace the DBS IT systems. This was a Lawyer Top 20 case.

2023. Acting for seller of shares in online gaming holding company concerning allegations of fraud involving complex issues of contractual construction, injunctions and specific performance. Sums at stake $90M. [Maximus Topco v Maxbet Holdings].

2022. LCIA arbitration with connected Commercial Court proceedings concerning a share sale and shareholder pre-emption rights in relation to a Joint Venture between a Russian Oligarch and to the second biggest coalfield in Siberia. Sums at stake USD 1.5B.

2021. LCIA arbitration concerning sale of two of the largest grain silos and terminals in Ukraine.

2019. Acted for the test case investors against a Bank for failing to open a segregated client account. Now one of the leading case on the Contracts (Rights of Third Parties) Act 1999. [Chudley and ors v Clydesdale Bank ].

Many of Stephen’s cases involve allegations of fraud, breach of fiduciary duty and intentional wrongdoing. Stephen thrives in these sorts of cases and the cross-examination of experts and professional witnesses.

Cases

2026. Proceedings concerning allegations of multiple selling of pre-paid crude oil cargoes by Republic of South Sudan. Acting for commodity house buyer in title/property disputes between seller and multiple buyers. Sums at stake USD 800M. [BB Energy v RSS, Chiang Wei LLC-FZ and others].

2026. Acting for Defendants in an alleged Crypto fraud concerning the sale of a Stablecoin Fund backed by USD deposits. Sums at stake USD 500M, with proceedings in the DIFC, Hong Kong, Australia, USA and Cayman. [Techteryx v Aria Commodities and others].

2025. Acting for the Claimants securing judgment for Euro 110M in dispute involving fraudulent diversion of loans to acquire PPE with connected WFO and contempt proceedings in the commercial Court and Court of Appeal [Ahmad v Ouajjou and Perez].

2025. The “Levona” litigation. Multi jurisdiction dispute involving the setting aside of an excess USD 100M US JAMS arbitration award and a BVI USD 36M WFO: the former was set aside for fraud and the WFO for material non-disclosure and failure to give full and frank disclosure.

2024. Proceedings concerning allegations of fraudulent misrepresentation to induce a share purchase. [Tactus Holdings v Jordan].

2023. Proceedings seeking damages for industrial espionage brought against a competing document delivery business for bribing and paying an employee for confidential and price sensitive material on a massive scale leading to the suspension of trading in the Defendant’s shares by the Stock Exchange. [Tuffnells Packaging v DX Group PLC].

2023. Proceedings concerning allegations of fraudulent diversion of business opportunities and breach of fiduciary duty by estate agent. [Lapome v Kemp and others].

2022. Acting for the Defendant’s in the 7-week trial of an Account seeking £350M. This case remains the biggest trial of an Account the Commercial Court has dealt with. Leading a team of 3 barristers consisting of one silk (Simon Birt KC- now the Honourable Mr Justice Birt) and two juniors who have since become KCs (Farhaz Khan KC and Watson Pringle KC) [Recovery Partners v Rukhadze and others].

Stephen has decades of experience working on numerous high-profile and complex commodity, shipping and shipbuilding cases across the full range of disputes. Specific experience includes cargo claims, charterparty and COA disputes, commodities (particularly oil and gas), derivatives, freight futures, letters of credit, marine Insurance, rig construction and deployment, sanctions, shareholder/JV cases, ship finance, and banking disputes. As with his other areas of practise, a significant number of his cases also involve fraud, either as a substantive cause of action or significant part of the background of the dispute. Many of these cases start with freezing injunctions and jurisdiction challenges.

Cases

2026. Proceedings concerning allegations of multiple selling of pre-paid crude oil cargoes by Republic of South Sudan. Acting for commodity house buyer in title/property disputes between seller and multiple buyers. Sums at stake USD 800M. [ BB Energy v RSS, Chiang Wei LLC-FZ and others].

2026. Acting in LCIA dispute between seller and commodity house buyer of crude oil in chain of contracts involving well known oil majors as sellers and buyers along the chain. Sums involved USD 750M.

2026. Acting for purchaser of cargo vessel in LMAA arbitration against brokers and ship-managers arising out of the purchase and supervision of repairs. Sums involved USD 1M.

2025. Series of connected LCIA arbitrations concerning the termination of three Shipman ship management agreements.

2023. Drafted in to (successfully) obtain permission to appeal in The Thai Prize.

2022. ICC arbitration concerning deployment of Oil Rig to South Atlantic. Allegations of breach of contract, breach of fiduciary duty. Sums involved USD 600M.

2020. Acted in six arbitrations and associated commercial court cases concerning shipping and oil contracts between Russian entities, including obtaining an award of Euro 208M and an associated Freezing Injunction and resisting numerous discharge applications and jurisdiction challenges: [VTB Commodities Trading DAC v Antipinsky Refinery].

2016. Acting in a test case on behalf of hundreds of ship owners and charterers resisting claims by the Liquidators of OW Bunkers at all levels including the Supreme Court. This case was described by The Lawyer as “The biggest shipping imbroglio so far this century”. He also acted in numerous of the arbitrations that involved the same or similar issues. This case is extensively referred to in leading textbooks and is the subject matter of numerous publications and dissertations. [The Res Cogitans].

2014. Established for the first time that a breach of contract does not preclude the wrongdoer obtaining a remedy in restitution. [Newland Shipping v Toba].

Many of Stephen’s cases are subject to arbitration agreements and are thus confidential. Some have nevertheless entered the public domain as a result of jurisdiction challenges or appeals, or the sheer scope of the dispute.

This happened in respect of Bentini Spa v Petrodar, (ICC) in which Stephen, instructed by Pinsent Masons, was leading a team of 13 counsel and solicitors (including Rachel Ansel KC from 4 Pump Court) defending a $1.6B claim with a $130M counterclaim in relation to a pipeline and a PSA and transit fees. The background was the recent creation of South Sudan and the ensuing civil war with Sudan, which in turn concerned ownership of oil fields and the pipeline the subject matter of the arbitration. Stephen’s client succeeded in all respects.

He was also involved in numerous shipping/cargo disputes connected with this arbitration as part of his maritime practise.

Similarly, he was involved in 6 connected LCIA arbitrations acting for VTB Trading, securing an award of Euro 208M on its behalf against Russia’s largest oil refinery (Antipinsky Refinery). This became public knowledge as result of Antipinsky’s unsuccessful section 32 jurisdiction challenge and attempts to discharge the Euro 225M Freezing Order that he obtained on VTB’s behalf.

He has undertaken numerous LMAA arbitrations as part of his maritime practise and as many ICC, LCIA and UNCITRAL arbitrations as part of his wider commercial practise.

Stephen also sits as arbitrator, domestically and overseas, (LCIA and HKIAC) and welcomes party appointments.

Stephen’s insolvency practice consists of claw-back proceedings. He has been involved in a number in the maritime sector because of his practise spanning both shipping and insolvency. His cases have involved mainstream office holder’s actions, claims by creditors, and 994 Unfair Prejudice Petitions. He acted in a number of cross-border insolvency cases in the maritime field arising out of the rehabilitation of Korea Line Corporation in Korea, as well as other charterers and owners. He was also heavily involved in numerous issues arising out of the global insolvency of the O.W. Bunker Group in various jurisdictions, and in relation to Sanko and Hanjn.

Cases

2026. Instructed in long running and intense derivative proceedings in Gibraltar in relation to disputes between shareholders concerning a recently formed company in the social gaming market that was making profits of over Euro 200M after three years trading. The case settled but concerned allegations of breach of director’s duties/fiduciary duty, copyright infringement, business diversion and complex issues of company law.

2026. Instructed on behalf of the Petitioners in successfully resisting an application to strike out based on alleged infringement of the rule against reflective loss. This case is the first to clearly enunciate that the rule has no application in CA 2006 s994 petitions [Re Sandycombe].

2026. Acting in unfair prejudice proceedings between the UBO shareholders in a group of companies with proceedings in BVI, Cayman and Hong Kong.

2025. Advising in relation to a significant global restructuring and the risk of it being challenged as an alleged transaction defrauding creditors.

2019. Grand Court of the Cayman Islands, Financial Services Division. A case concerning the conversion of voluntary liquidation into compulsory liquidation. This case was connected to the PIFFS litigation in Cayman, London and elsewhere. This involved the replacement of the liquidators. [Re Asia Private Credit Fund (in voluntary liquidation) 2019].

2018. Acted in s994 petition concerning significant shareholder disputes (excess £70m) in the renewables sector. Settled.

2017. Acted on behalf of 21 ship owners and charterers arising out of the global insolvency of the O.W. Bunker Group. This included Stephen acting in the Supreme Court.

Stephen’s oil and gas practice includes cases relating to pipelines, mineral ownership disputes, oil purchase and sale, midstream pipeline transit fees, EPSAs, PSCs and options to participate in oil field development. He has acted in cases heard in the Commercial Court and in arbitrations.

Stephen is currently shortlisted by the Legal 500 for “Construction and Energy Silk of the Year 2027/28” based on his Energy work.

Cases

2026. Acting in LCIA dispute between seller and commodity house buyer of crude oil in chain of contracts between involving well known oil majors as sellers and buyers along the chain. Sums involved USD 750M.

2025. Advising energy to waste Plant owners in relation to alleged off spec waste supplies. Sums involved £50M.

2022. Dispute involving euro 225m in relation to a Russian oil refinery dispute, including several satellite cases and arbitrations. [VTB Commodities Sarl].

2019. Dispute arising out of SPAs and EPC’s in relation to 19 solar parks across the UK. [Toucan v Wirsol and ors] Sums involved £90M.

2018. Involving shareholder pre-emption claims between JV participants in PSA in Ukraine, post Russian annexation.

2017. Claim alleging fraudulent misrepresentation by W to induce M to give up 3% share in Kurdistan oil field. [Monde Petroleum v WesternZagros ].

2014. Acted on behalf NITC in dispute involving sale of Iranian crude oil, insurance covenants, banking covenants as a result of Iranian Sanctions. Sums involved USD 1.6B.

2014. Uncitral arbitration. $1.6B claim against client was defeated with judgment on Counterclaim for excess $120m. [Bentini Spa v Petrodar].

2014-2016. Various arbitrations involving oil field concessions in African states.

Stephen has a broad insurance practice, and while he frequently acts for the insured, he has extensive experience acting for insurers and brokers.

Cases

Acted in relation to the first “Dieselgate” Group Litigation Order claims arising out of “diesel emissions scandal”. [Re Inchcape (Volkswagen GLO) [2018].

Acted in relation to a claim against brokers by a well-known fashion retailer. [Ted Baker v Bluefin [2017].

Acted in each of the two major commercial court trials and three Appeal hearings on behalf of fashion retailer Ted Baker in its coverage dispute with Axa and co insurers concerning BI claims consequent upon non-violent employee theft over a number of years. Now one of the leading cases on rectification of insurer’s standard wordings and insurer’s duty to speak. [Ted Baker v Axa (No’s 1,2 and 3) [2013- 2017].

Acted in a case involving the construction of a settlement agreement, including aspects of insurance, shipping and constructive total loss. Acted for the Loss Adjusters successfully demonstrating that they had the benefit of three settlement agreements entered into between insurers and ship owners who subsequently were sued for substantial damages arising out of a constructive total loss. [Starlight Shipping v Allianz Marine and Ors. “The Alexandros T” [2014] EWHC 3068].

Acted on behalf of Iranian State-owned shipping fleet NITC in respect of a $1.6B dispute concerning allegations that it had breached insurance covenants as a result of the imposition of US sanctions, and associated claims by its syndicated lenders for accelerated loan repayments. [Re NITC. [2014].

To instruct Stephen please contact our clerks

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Full CV (Download)

Stephen’s reputation is well recognised in both Chambers & Partners and Legal 500 who (non-exhaustively) report the following based on research and market feedback:

  • Stephen is one of the best commercial barristers in the City. He is a brilliant advocate-bold, aggressive and thoughtful, and a go-to barrister on challenging matters.
  • A fighter who looks for solutions.
  • Stephen is extremely robust and fights hard to achieve the client’s aims. He has a huge ability to assimilate information and deliver advice in the most efficient way.
  • Stephen is very good and a proper Commercial Court bruiser. He is trusted, hands-on, very hard-working and someone who thrives at trial.
  • Stephen is a smart operator. He is robust and compelling in his advocacy and fights tooth and nail for his clients
  • An intellectual forward-thinking silk who thinks outside of the box
  • He is outstanding – it’s a combination of his intellect and oratory ability
  • His cross-examination is just superb and he has an incredible ability to unpick the other side
  • A vigorous advocate who fights exceptionally hard for the client, assimilates huge volumes of information and processes it effectively to deliver the necessary results
  • He is tenacious, quick, responsive and very knowledgeable
  • A very persistent advocate and undoubtedly a very clever man
  • He does very heavyweight litigation, with a very robust cross-examination style. He ticks all the boxes
  • He’s an excellent advocate who is not afraid to push challenging arguments
  • Fabulous intellect and really tenacious. Great advocate. Incredibly commercial and ability to cut through complex data sets to identify the key facts
  • Tenacious, strategically astute, commercial – a good advocate with an incredible intellect
  • The perfect silk for legally complex and challenging cases that require quick working in difficult circumstances
  • An incredibly user-friendly silk – completely on top of his brief and his advocacy skills are first rate
  • One of the new breed of client-friendly and client-committed silks able to find and develop arguments that others at the Commercial Bar cannot
  • A tenacious, punchy and cerebral silk with substantial banking and finance experience
  • Resilient and has a good courtroom presence. When your back is against a wall he can turn a case around
  • An impressive advocate with a fighter’s instinct, who has the ability to think quickly on his feet. He is very strategic and very hands-on in his approach.
  • Extremely commercial and speaks the client’s language. He’s a robust advocate who thinks outside the box
  • His advocacy is absolutely superb and his understanding and mastery of the brief is peerless. Not only that, he is also commercial and talks the client’s language. A notable commercial litigator

Stephen was identified as an outstanding KC in The Lawyer Hot 100 for 2015.

  • Member of the BVI Bar
  • Called to the Cayman Bar
  • Called to the Gibraltar Bar
  • Registered in the DIFC

  • Author of the ‘Banking’ & ‘International Trade and Sale of Goods’ chapters in Butterworths Commercial Court & Arbitration Pleadings
  • International Corporate Rescue: Stays under the Cross Border Insolvency Regulations
  • International Corporate Rescue: Sale or No sale? – an update on O.W.Bunkers
  • Contributed the chapter ‘The Res Cogitans’ to Commercial Maritime Law, Hart Publishing 2019

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