Sam Neaman

Sam is noted in the directories as “particularly recommended for High Court injunctions”, and as “brilliant with confidential information and international business protection elements”.

He has a thriving injunction practice in employment contract restrictive covenants, and in related confidential information and commercial law fields where he has broad knowledge of preservation of evidence, freezing, search and seizure, and anti-suit applications.

Equally at home in all industry sectors, Sam is recognised by Legal 500 in commercial litigation and banking/finance, and has particular experience in the insurance broking and allied banking and finance arena, and in the areas of recruitment consultancy, Sport, where he is listed in Legal 500 as a leading individual and “go to sports lawyer”, and in the Medical/NHS Sector. He has represented numerous clients in “team move” injunctions, and in all areas in which the protection of confidential information is at a premium.

Example cases of note include:

• Dyson Technology Ltd v Pellerey [2016] ICR 688: leading Court of Appeal case relating to Dyson’s confidential plans for an electric car, establishing the correct approach to the grant of injunctive relief in restrictive covenant cases.
• Petter v ECM Corporation & Anr [2015] EWHC 1498: leading Court of Appeal anti-suit injunction and jurisdiction challenge involving parallel proceedings in the UK and Massachusetts. Due for appeal in the Supreme Court in November 2016, the case settled shortly before the Supreme Court hearing.
• Aquila Advisory Ltd v Faichney, Perrin & Ors [2013] EWHC 3953, [2018] EWHC 565 (Ch): successful injunction application in the context of a larger High Court fraud and tracing claim by Sam’s client claiming priority in the ownership of property and chattels the subject of a criminal confiscation order.
• Adib-Shahraki v Royal Bank of Scotland Plc (2013): important, high profile injunction claim brought by a claimant to prevent the closure of banking facilities, alleging that the reason for the Bank’s decision was his Iranian nationality. Sam, acting for the Bank, successfully defeated the application.
• Jesudason v Alder Hey Childrens’ NHS Foundation Trust (2012): high profile case representing a paediatric surgeon who obtained an injunction to prevent his dismissal.
• DeVere Group Ltd GmbH v Pearce [2011] EWHC 1240: multi million pound cross border dispute in which Sam achieved an interlocutory and then final confidential information/restrictive covenant injunction for his financial services client.
• Lauffer v Barking Havering & Redbridge NHS Trust [2010] Med L.R. 68: landmark injunction obtained by Sam’s consultant surgeon client to nullify a dismissal which had already occurred.
• Wirth Research Ltd v Green (2010): confidential information non-compete injunction application brought against Sam’s F1 client who moved to become Technical Director of F1 team, Force India.
• Everett v University of East London [2009] EWCA Civ 402: injunction claim brought by a University vice-chancellor to prevent a disciplinary hearing going ahead. Sam’s university client successfully defeated the application in the High Court and in the Court of Appeal.
• Fourie v Le Roux [2007] UKHL 1; [2007] 1 W.L.R. 320: landmark House of Lords freezing injunction claim in a £1 Billion cross border corporate insolvency fraud dispute.

Highly ranked in the legal directories, a “Band 1” junior in Legal 500, Sam is recognised as one of the handful of “go-to” employment juniors for high value, sensitive/high profile, or complex employment claims, launched either in the High Court, or in the employment tribunal, as well as for providing strategic advice at a corporate level, and conducting/advising on internal disciplinary investigations and inquiries.

With numerous leading cases to his name, including the seminal authority of Johnson v Unisys Ltd, many of Sam’s cases have gone to the Court of Appeal or House of Lords/Supreme Court.

In the High Court, Sam’s employment law experience ranges from restrictive covenant/confidential information injunctions and speedy trials, to multi-million pound breach of directors’/fiduciary duty, and unlawful means conspiracy, claims. Sam also has invaluable experience in taking test cases on the construction of employment contracts.

In the employment tribunal, Sam has particular expertise in discrimination and whistleblowing cases, where he is regularly instructed by household name clients in high profile claims.

Notable employment cases include:

• CPS v Aquila Advisory Ltd (2021): a successful Supreme Court fiduciary duty claim brought against two former director- employees who had unlawfully profited to the tune of c.£4.5 million from the sale of the IP rights in their employer’s software;
• Capital Markets (UK) Ltd v Being Technologies Ors (2017): £250 million unlawful means conspiracy claim brought against a former MD of the Claimant and seven other individuals/corporates relating to the alleged stripping of the business of one of the Claimant’s divisions. Click here to read coverage from the Evening Standard.
• Radia v Jefferies International Bank (2017): high profile whistleblowing and disability discrimination claim brought by former director of a City Bank. Click here to read The Times coverage.
• Dyson Technology Ltd v Pellerey (2016): leading Court of Appeal case revolving around Dyson’s confidential plans to build an electric car. The case establishes the correct approach to the grant of injunctive relief in restrictive covenant cases. Click here for coverage.
• Petter v EMC Corporation (2015): multi million pound anti-suit injunction case centering on the jurisdictional clash between the Claimant’s stock option contract with a Massachusetts corporation and his employment contract with its UK subsidiary. Due for appeal in the Supreme Court in November 2016, the case settled shortly before the Supreme Court hearing.
• Avionicare Ltd v JRB Aviation Ltd & Ors (2015): Multi-defendant High Court claim for breach of contract and economic torts brought by Sam’s client following the setting up of a rival business at the same airport.
• Burger v Verifone Corp (2014): Whistleblowing claim against Sam’s client by one of its executives resulting from disclosures about alleged breaches of the US trade embargo against Iran.
• Obolenskaya v Cluff Natural Resources Plc (2014): Complex discrimination claim brought by Russian female Finance Director against Sam’s Plc client.
• Threlfall v ECD Insight Ltd (2013): successful High Court claim for wrongful dismissal by Sam’s TV presenter client, followed by a successful and important Court of Appeal judgment holding that the sole director of the unsuccessful Defendant could not rely on the corporate veil to avoid a costs order against him personally.
• Wey Education Plc v Atkins (2013): Sam advised and represented Education provider Wey Education Plc in a dispute with their Chief Executive, the former Chairman of OFSTED.
• Andrew Lloyd Webber’s Really Useful Theatre Group (2012): successful Defence of a health and safety whistleblowing tribunal claim relating to the West End production of Warhorse. Click here to read coverage from the Evening Standard.
• 20:20 London Ltd v Riley (2012): multi million pound High Court business sale claim for repayment of the purchase price based on a clause in the sale contract which the Defendant vendor alleged was in unlawful restraint of trade.
• Cima v Historic Royal Palaces Ltd (2011): successful defence of a widely publicised whistleblowing claim brought by the Governor of the Tower of London, following a previous case in which Sam also defended the Tower of London in a claim relating to a claim of sexual harassment brought by the only female Beefeater at the Tower.
• De Vere Group GmbH & Anr v Pearce (2011): a successful High Court cross-border breach of contract/breach of confidence claim by a Financial Services Group against an agent involving complex issues of conflicts of laws and illegality. Sam’s client was awarded damages of £3 million and indemnity costs.
• Lauffer v Barking Havering & Redbridge NHS Trust (2009): a landmark High Court injunction obtained by Sam’s client consultant surgeon to nullify his dismissal.
• Daley v ERT Plc & Anr (2009): highly publicised Court of Appeal cross-border CIS claim involving complex issues of company law, conflict of laws, and director’s fiduciary duties.
• Everett v University of East London (2009): an injunction application brought by a University vice-chancellor to prevent a disciplinary hearing going ahead. Sam’s client, the University, successfully defeated the application in the High Court and then Court of Appeal.

Listed as a leader in the field of both Commercial Litigation, and Banking and Finance, Sam has a prominent and wide ranging commercial litigation and arbitration practice, with an emphasis on injunctions and cross-border and international work, including the leading injunction cases of Fourie v Le Roux in the House of Lords, and Petter v EMC Corporation in the Court of Appeal, which settled two weeks before the appeal was due to be heard in the Supreme Court.

He has experience of high value/document-heavy claims, instructed by liquidators and asset finance companies, as well as PLCs.

Co-author of the text book “Security for Costs & other Court Ordered Security” (Jordans), and regularly instructed to put his knowledge into practice in court hearings, Sam brings this particular expertise to the complex and important areas of security, funding, and non-party costs issues.

In commercial arbitration Sam is recognised as a “go-to” alternative to magic circle arbitration counsel, Sam’s practice is primarily focused on international commercial arbitrations, arguing cases governed by foreign laws for major overseas clients under ICC, LCIA and UNCITRAL rules. Sam also has particular knowledge of anti-suit injunctions in the arbitration arena. Recent examples of international arbitration include:

• L v G (2020): A multi million-pound arbitration relating to major infrastructure project financing contracts in Angola;
• G v X (2014): A highly complex $25 million UNCITRAL international commercial arbitration involving contracts for the importation of heavy machinery from China to Brazil under contracts governed by Brazilian law.
• G v X (no.2): (2015) A second UNCITRAL arbitration, this time worth over $50 million, between the same parties.
• B v U (2015): Multi-million dollar LCIA international commercial arbitration involving alleged breach of distribution agreement in respect of importation and sale of sports goods to the Middle East.

Sam has represented both clients and all the major High Street banks in cutting-edge litigation in the High Court and Court of Appeal, as well as providing high-level strategic advice to several High Street Banks on matters ranging from the Consumer Credit Act to Bank Charges.

Other recent notable cases include:

• Aquila Advisory Ltd v Faichney & Ors (2021) Supreme Court – successful £4.5 million breach of fiduciary duty claim relating to the misappropriation of corporate opportunities in respect of software rights owned by Sam’s client, and the interrelationship between criminal confiscation orders and third party proprietary rights.
• Trebisol Sud Quest SAS & Anr v Berkeley Finance Ltd & Ors (2021) High Court: successful international commercial contract and civil fraud case relating to the financing of solar power plants in Eastern Europe.
• C21 Estates Ltd v Maurice MacNeill Iona Ltd (2018) Court of Appeal – successful claim by Sam’s client in respect of the Chelsea franchise of the international Century21 estate agency brand.
• Capital Markets Co (UK) Ltd v Tarver & Ors (2017) High Court – £250 million pound unlawful means conspiracy claim relating to the software rights to the revolutionary “Vault” banking platform, and the alleged diversion of the business of an entire division of the Claimant company. Sam represented seven parties in the litigation.
• Gaia Ventures Ltd v Abbeygate Helical Ltd (2017) Court of Appeal – successful multi-million pound overage claim by Sam’s client in respect of the redevelopment of the Milton Keynes ice rink.
• Government of the Kyrgyz Republic v Nadel & Ors (2016) Commercial Court – multi-million dollar Commercial Court banking fraud claim in which Sam acted for the Claimant National Government against various individuals, obtaining judgment against the former Chairman of one of the largest banks in Kyrgyzstan.
• Petter v ECM Corporation & Anr (2015) Court of Appeal leading case on clashes of jurisdiction and anti-suit injunctions involving parallel proceedings in the UK and Massachusetts.

Sam’s high-level personal sporting experience has given him invaluable understanding of Sport law from the client’s perspective. Listed by Legal 500 as a leader in the field of Sports Law, where he is described as “a go-to sports lawyer”, “from start to finish, the complete package”, and having “A very grounded understanding of the sports world which he applies to his very knowledgeable practice”. Himself a former boxer, Sam was for many years Legal Adviser to the Amateur Boxing Association of England. Sam has a special expertise in Formula 1 and Boxing matters, where Sam has extensive experience of both licensing and contractual matters.

Currently counsel of choice to one leading Formula 1 racing team, and having represented other F1 teams both as claimants and defendants, Sam’s enviable experience over many years in dealing with Formula 1 disputes include engineering and design confidential information, and the contractual implications of movement of individuals between teams. Sam’s boxing clients have included former England boxing Olympic Gold medalist and world champion James de Gale, and boxing promoter Chris Sanegar in his dispute with European Champion Dean Francis.

Elsewhere within Sport, Sam is regularly instructed by top-level players, coaches, agents, promoters, managers, clubs and sporting bodies on issues ranging from misconduct hearings in international ice hockey to professional golf sponsorship disputes, and from football transfer negotiations to the entitlement of a jockey to ride in the Agra Diamond Stakes at Royal Ascot. Himself a former member of Bristol City’s youth squad, Sam has represented Premiership and Championship football clubs, and in Rinaldi v Rugby Football League, Sam was instructed in a European discrimination law test case on the legality of the RFL’s overseas players quota system. Most of Sam’s work in this area is highly confidential but recent example cases of note include:

•  Hartlepool United Football Club v Fulham Football Club (2022) – Widely reported successful claim by Sam’s client Hartlepool Utd, for compensation following the move of a Hartlepool player to Fulham.
• Standing & Anr v Power (2022) – ongoing High Court litigation relating to the ownership of Swindon Town Football Club.
• Collinge v Watford Football Club Ltd (2018): high profile discrimination claim brought by the club’s former Head of Medical.
• Turn One SA v Lotus F1 Team Ltd (2015): high profile dispute with the Lotus Formula 1 team in a complex and wide-ranging case involving IP rights to the Lotus website, defamation and breaches of contract.
• Axon & Ors v Caterham Sports Limited (in administration) (2014): high profile and complex class action by 38 former employees of Formula 1 team Caterham following their summary dismissals.
• Legion Concierge (UK) Ltd v Con Questa BV (2014): A complex dispute surrounding alleged illegal ticketing practices for the Paris Open Tennis at Roland Garros and the European Football Championships in Ukraine.

Chambers UK recognises that Sam “possesses recognised specialism in medical employment cases”. His experience in medical law coupled with his expertise in employment, disciplinary and regulatory matters has resulted in a thriving court and disciplinary/regulatory practice, representing both trusts and individual doctors. Ranging from high profile disputes attracting nationwide media interest to confidential investigations Sam is regularly instructed in:

Internal disciplinary, capability and other MHPS investigations and hearings;

• Disciplinary, capability and other MHPS internal hearings;
• Investigations and reviews of NHS Trusts;
• Injunctions to prevent dismissal or enforce contractual procedures, where Sam has unrivalled experience of numerous injunction cases over many years for both consultants and trusts, including handling emergency “without notice” applications;
• High Court and appellate contractual disputes, usually regarding interpretation of terms and conditions of doctors’ employment contracts;
• Employment tribunal claims and EAT appeals, usually with a whistleblowing or discrimination element;
• GMC and other regulatory hearings;
• Acting as mediator in disputes between medical professionals and their employing Trusts.

Sam is also regularly instructed to give high level strategic advice on matters of national importance in the medical profession, including

• payment of doctors while suspended by the GMC;
• the rights of junior doctors to free hospital accommodation;
• the construction of the Consultant Contract in the area of overtime (Additional PAs);
• the applicability of standard terms and conditions on transfer/promotion of doctors from England to Wales or Scotland.

An accredited mediator since 2003, experienced and fully at home conducting mediations remotely (via Zoom), Sam is described by Chambers UK as “a practical and down to earth team player whose client skills are second to none”, and “wonderful at making clients feel at ease”. He brings to his mediation practice an “ability to think outside the box” which has resulted in an impressive track record of achieving settlement in complex cases, especially employment cases with a commercial crossover.

Sam is recorded in the directories as being “great to work with – very flexible and commercial”, “concise and approachable”, “straightforward and insightful”, understanding the importance of a practical and imaginative approach to mediation.

Recent mediation highlights have included a sensitive and high-profile dispute at the highest level of a major local authority, and a dispute with significant public policy implications over the rights of a disabled doctor to become a consultant.