Michael Godden

Partner

Michael Godden

London

T:+44 20 7444 5397

F:+44 20 7283 6500

Related services

Key industry sectors

Michael Godden is a litigation and dispute resolution lawyer based in London. He specialises in banking and finance disputes and has a particular focus on derivatives, debt capital markets, Islamic finance disputes, syndicated lending and investigations involving these products. His experience also includes complex and high value cross border civil fraud, asset tracing and enforcement cases. He regularly acts for banks, funds, asset managers, derivatives dealers and corporate trustees.
[+Open all]
  • Selected client work
    • Britannia Bulk Plc (In Liquidation) v Pioneer Navigation Ltd [2011] 2 Lloyd's Rep. 84, where he acted for the successful liquidators on one of the leading cases on the interpretation of Section 2(a)(iii) and the Second Method and Loss provisions of the ISDA Master Agreement.
    • Acting for Citi in its capacity as Delegate on the US$650,000,000 Golden Belt 1 B.SC.(c) sukuk default (where Saad Trading/Mann Al-Saneah are the ultimate obligors) on proceedings brought in Saudi Arabia to enforce the Certificates.
    • Successfully obtaining a high value LCIA arbitral award for a major international bank in respect of a default under loan participation notes.
    • Acting for a major international bank on a high value dispute under the 1992 ISDA Master Agreement brought by an Icelandic bank in relation to the close out of a substantial derivatives book.
    • Acting for a major bank on one of the only carbon trading cases to be heard by the English courts.
    • At his previous firm, acting for the successful claimants on a major fraud and asset tracing case involving a £20m fraud: Shalson v Russo [2005] Ch. 281. The case is a leading reported case on civil fraud and involved obtaining search and freezing injunctions, third party disclosure orders, appointment of receivers and provisional liquidators, successful proceedings for committal for contempt of court as well as related proceedings in Bermuda, Jersey and Switzerland.
  • Publications

    Books:

    • Co-author of the first edition of Commercial Enforcement (2005) which is the leading textbook on the execution of English judgments.

    Articles:

    • Robbing Peter to pay Paul T.Q.R. 2004, 1(4), 10-13 (Fraud; Rescission; Sham transactions; Tracing; Voidable transactions).
    • Cash and charisma S.J. 2003, 147(36), 1076-1077 (Fraud; Rescission; Sham transactions; Tracing; Voidable transactions).
    • Multi-jurisdictional enforcement P.L.C. 2007, 18(9), 37-46 (Civil procedure; Arbitration; Enforcement; Execution; Foreign awards; Foreign judgments; International commercial arbitration; Reciprocal enforcement; Recognition of judgments.
    • New York turnover orders: an English law perspective B.J.I.B. & F.L. 2009, 24(9), 561 (Banking and finance; Enforcement; International banks; Judgment debts; New York).
    • Possession really is nine-tenths of the law for payments made "under protest" B.J.I.B. & F.L. 2010, 25(1), 30 (Banking and finance; Netting; Payments; Protest; Restitution).
    • Meaning of loss and second method under the 1992 ISDA Master Agreement B.J.I.B. & F.L. 2011, (Contract terms; Corporate insolvency; Forward contracts; Loss; Master agreements).
    • Freight clarity from the courts M.R.I. 2011, 25(3), 12-13 (Shipping; Contracts; Insolvency; Contractual negotiations; Corporate insolvency; Forward contracts; Freight; Master agreements; Shipping contracts; Termination).
  • Rankings and recognitions
    • “Michael Godden is an experienced lawyer with a ‘good grip on all the legal issues’.” Chambers UK 2013
    • Listed in Thomson Reuters Super Lawyers London 2013 list.
    • “Intelligent, responsive, thoughtful and commercial – pretty much everything you want!” Legal 500 UK 2012
    • “Michael Godden is one to watch and “particularly smooth in difficult litigious matters,” say clients.” Chambers UK 2012
    • “Hugely capable…(gets) disputes dealt with as swiftly and effectively as possible.” Legal 500 UK 2011
    • “Very thoughtful and a good strategist.” Legal 500 UK 2010
[+Open all]