Alex Ferrari

Alex advises on complex IT and software disputes, acting for vendors, investors, and technology companies on breach of contract, misrepresentation, and warranty claims involving cross-border and multi-jurisdictional issues.

• Acted for the vendor of UK company, which was UK distributor of well-known anti-virus software, in relation to breach of warranty claim under the share purchase agreement.
• Acted for a major international manufacturer of hand-held computer devices in relation to a dispute with a sub-contractor. Claim value: £2.5m Acting for investor who invested £2.6m in IT company that purported to have been awarded National NHS Framework Agreement. Client brought claim for fraudulent misrepresentation and breach of warranty when it transpired that the business had not been awarded the contract and the documents provided on due diligence were misleading.
• Advised and acted for an English software company in relation to its claims against an international bank for breaching its IT/software licence agreements. Cross-border issues pertaining to Turkish and English law considered. Claim value in excess of US$5 million.
• Advised and acted for an investor who invested £2.6 million in an IT company that purported to have been awarded the national NHS National Framework Agreement. The client brought a claim for fraudulent misrepresentation and breach of warranty when it transpired that the business had not been awarded the agreement on the basis asserted and the documents provided during due diligence were misleading.
• Advised an international IT company of its claim against its IT supplier for breach of contract for failing to deliver on the IT deliverables both in relation to timing and quality of the software/hardware to its ultimate customer based in Poland. Cross-border issues pertaining to Canadian, Polish and English law considered. Claim value: in excess of US$ 2 million.
• Advised a client in relation to a consultancy agreement relating to website development, ownership and intellectual property issues relating to the website. Cross-border issues pertaining to English and Cypriot law considered.
• Advised a UK high-street retail outlet in relation to its claim against its IT service provider in relation to its alleged failure to comply with its contractual obligations due to alleged defects and poor performance of the IT system.
• Advised a cargo agent in relation to a claim against a former employee who accessed its IT system without authority, removing information and causing damage and loss to the business.

Alex advises on commercial, fraud, and professional negligence disputes, representing companies and investors in claims involving fiduciary breaches, advance fee frauds, and construction or insurance-related professional negligence matters.

• Advised a director and shareholder of a reinsurance consultancy company in relation to his claims against his co-director/shareholder in relation to a claim pertaining to allegations of breach of fiduciary duty and fraudulent conduct.
• Acted for and advised a UK defendant client in relation to what appeared to be a bogus claim brought by a US company for alleged non-payment of US$4 million for a large supply of mobile phones, which the client never received
• Acted for a client who invested £2.6m in an IT company that purported to have been awarded National NHS Framework Agreement. The client brought a claim for fraudulent misrepresentation and breach of warranty when it transpired that the business had not been awarded the contract and the documents provided on due diligence were misleading.
• Advised a client in relation to its claim arising from an advance fee fraud whereby the client sought to borrow £2 million from a party on condition that the client provided the party with £200,000 of bitcoin. The third party stole the bitcoin. Assisted the client to trace the bitcoin through various trading platforms.
• Advised and acted for an Irish company in court proceedings in relation to a claim for, amongst other things, an advance fee fraud whereby the client paid US$1.5 million to lease a US$100 million letter of credit. The client paid the US$1.5 million but the letter of credit was not provided.
• Advised mining companies in relation to the construction of off-take agreements.
• Acted for a developer of a purpose-built block of flats in Liverpool in relation to a claim against its architect for professional negligence for, amongst other things, failing to properly supervise the works. Claim value £5 million.
• Advised a property developer in relation to a claim for professional negligence against a builder that caused a fire causing substantial damage to the property. Claim value in excess of £2 million.
• Acted for Saint Christopher and Nevis regulated insurance company in respect of the claims it received in relation to its performance bonds in the UK construction sector.
• Acted for and advised a Gibraltar registered insurer in relation to claims against its performance bonds in the UK construction sector.
• Acted for a property developer in relation to a professional negligence claim against a builder for breach of contract in failing to adhere to its contractual obligations.

Alex advises on international commercial disputes, acting in high-value arbitration and litigation involving commodities, mining, fraud, and cross-border contract claims across multiple jurisdictions and governing laws.

• Acted for international steel company in an LCIA arbitration in London in relation to an agency agreement with a third party for commission payable. Claim value: US$20m.
• Acted for and advising a major international commodities trading company in relation to a dispute with a substantial lender and supplier to the company involving several jurisdictions. Claim value; US$170 million.
• Advised mining companies in relation to the construction of off-take agreements.
• Advised and acted for an Irish company in court proceedings in relation to a claim for, amongst other things, an advance fee fraud whereby the client paid US$1.5 million to lease a US$100 million letter of credit. The client paid the US$1.5 million but the letter of credit was not provided.
• Advised a client in relation to its claim arising from an advance fee fraud whereby the client sought to borrow £2 million from a party on condition that the client provided the party with £200,000 of bitcoin. The third party stole the bitcoin. Assisted the client to trace the bitcoin through various trading platforms.
• Acted for a client who invested £2.6m in an IT company that purported to have been awarded National NHS Framework Agreement. The client brought a claim for fraudulent misrepresentation and breach of warranty when it transpired that the business had not been awarded the contract and the documents provided on due diligence were misleading.
• Acted for and advised a UK defendant client in relation to what appeared to be a bogus claim brought by a US company for alleged non-payment of US$4 million for a large supply of mobile phones, which the client never received.
• Advised a director and shareholder of a reinsurance consultancy company in relation to his claims against his co-director/shareholder in relation to a claim pertaining to allegations of breach of fiduciary duty and fraudulent conduct.

Alex’s litigation practice has a distinct focus within the aviation industry. He has advised on numerous high-value claims for aviation companies and insurers.

• Acted for international and domestic airlines, general aviation aircraft owners and operators, aircraft manufacturers, ground handlers, general sales agents, aviation trade associations, aircraft engine maintenance businesses, travel agents, aircraft spares providers, aviation (re)insurers and brokers, and experience in relation to both fixed-wing and rotor-wing aircraft.
• Acted for Kuwait Airlines Corporation (KAC) against Iraqi Airways Company in relation to KAC’s claims for theft of aircraft following Iraq’s invasion of Kuwait in 1990. Claim valued: US$1.2 billion.
• Acted for Sabena and its insurers against Airbus and Messier Dowty in relation to a heavy landing at Brussels airport in which the main landing gear failed to open. Proceedings brought in Paris. Claim value US$70 million.
• Acted for Royal Jordanian Falcons’ insurers in relation to claims by dependants of deceased persons arising from the crash of an aircraft at an airshow in Ostende, Belgium, in 1997.
• Acted for Virgin Atlantic Airways and its insurers in relation to a product liability claim arising from a landing gear failure for an Airbus A340 whilst landing at Heathrow Airport in 1998.
• Acted for Royal Jordanian Airlines’ insurers in respect of passenger claims arising from the detonation of a grenade following a hijacking shortly after having departed from Amman, Jordan, in 2000.
• Acted for AFX Capital Ltd (In Receivership) against Royal Bank of Scotland Plc (RBS) and Deloitte & Touche, acting as Receivers, in 2004, contesting RBS’s ability to call in a loan and asserting the Receivers breached their obligation to maintain an aircraft.
• Acted for Raytheon UK, co-defendant with Cessna, in English proceedings in respect of a claim brought by the Duke of Westminster in 2004 in relation to product liability and aircraft maintenance issues.
• Acted for a Belgium aviation insurer at a Coroner’s Inquest in the UK arising from the death of a parachutist following a mid-air collision with another parachutist.
• Acted for Odyssey Aviation Ltd in relation to its claim for US$3.2 million consultancy fees against ICBC Financial Leasing pertaining to a US$342 million aircraft portfolio in 2014.
• Acted for a general aviation aircraft owner in relation to a claim against an aircraft maintenance company for negligent work causing a catastrophic loss of power mid-flight in 2018.
• Acted for a Belgium aviation insurer at a Coroner’s Inquest in the UK arising from the death of a glider pilot following a mid-air collision with a single engine turbo propeller aircraft.
• Acted for a Middle Eastern cargo airline against its insurers and broker arising from damage caused to two CF6 engines whilst being transported for maintenance in 2018. Claim against insurer under the policy and the broker for negligence in failing to ensure appropriate cover.
• Advised an English aircraft engine maintenance company in relation to product liability claims in 2020.
• Acted for an Irish aircraft leasing company in relation to a claim against a US fund for breaching the terms of an Aircraft Purchase and Sale Agreement relating to an Airbus A312.
• Acted for parties in relation to disputes relating to aircraft leasing, charter, maintenance (Forms 1), operating, general sales agent, airport conditions of use, in-flight entertainment systems, and sale and purchase agreements, as well as professional negligence claims involving brokers, maintenance companies and insolvency practitioners.
• Acted for Greek registered airline in relation to a dispute with an Irish lessor in relation to an aircraft lease agreement pertaining to force majeure issues arising from Covid, the delivery and redelivery condition of the aircraft. Claim value US$2.5 million.
• Advised members of the Federation of General Sales Agents pertaining to aviation-related disputes.

Alex is a litigator with extensive experience in the pharmaceuticals industry. He has acted for manufacturers, distributors and investors of medical and pharmaceutical products on numerous high-value claims.

• Acted for a LSE listed pharmaceutical company in respect of a breach of warranty claim against the vendor arising from its acquisition of a well-known product. The vendor had been directed by the EU Commission to sell the product because it had recently acquired a business that meant that it controlled the market in that area. However, as it was asserted that the vendor had not complied with its regulatory obligations in relation to the product, it was withdrawn from the market following the acquisition. The EU Commission directed that the vendor provide the purchaser with all necessary assistance to return the product to the market.
• Acted for a major European listed pharmaceutical company in relation to a dispute under a distribution agreement for a pharmaceutical product. Claim value: US$30 million.
• Advised a listed Australian company in relation to its obligations pertaining to a dispute between a party that had conducted research into the application of a specific drug, and with which the company had contracted to bring the application of the drug to market, and a party that had previously sought to bring the drug to market. Claim value in excess of US$10 million.
• Acted for a distributor of a pharmaceutical product against a contracting party in relation to the assertion that it had failed to satisfy its regulatory obligations in the distribution of licensed products to the market. Contract value: £2 million.
• Acted for an investor who invested £2.6m in an IT company that purported to have been awarded National NHS Framework Agreement. The client brought a claim for fraudulent misrepresentation and breach of warranty when it transpired that the business had not been awarded the contract and the documents provided on due diligence were misleading
• Acted for and advised an English company and trade mark owner of a life science product in relation to a royalty payment dispute with a global pharmaceutical company under a 30-year licence agreement pertaining to that product. The claim focused on the definition of ‘net sales value’ by which the royalty sum was calculated. Claim value: £15 million.
• Advised a LSE listed pharmaceutical company in relation to various distribution agreements; advices included ability to rely on a limitation of liability clause for alleged deliberate breach of the agreement, and the amount of compensation payable under the Commercial Agents (Council Directive) Regulations.

Alex advises on international arbitration and litigation involving state entities, insurers, and mining companies, handling disputes over coverage, energy projects, and asset sales across African and Middle Eastern jurisdictions.

• Acted for an African State Reinsurance Company in respect of a dispute with a Russian insurer and reinsurance broker in respect of coverage and material non-disclosure issues, respectively, in 2017.
• Advised on two arbitration disputes relating to contracts falling for performance in Zimbabwe and Ghana. Both disputes related to contracts offered by the local government for mining and energy rights. Values were circa $20 m and $5 m respectively.
• Acted for Libyan Arab Airlines, King Khalid International Airport, in 2008, in respect of direct and indirect losses claim relating to an aircraft being struck by catering truck.
• Advised private mining company in relation to a dispute concerning the aborted sale of a subsidiary mining company in Africa Valued at US$283 million.
• Advised and acted for a party in court proceedings in relation to its claim against its partners in relation to the development of a power plant in an Africa and the subsequent issuing of court proceedings. Investigations into the claim considered allegations of fraudulent misrepresentation by the partners as to their status with a third-party company. Claim value US$20 million.

Alex advises reinsurers on aviation coverage disputes, acting in claims arising from aircraft accidents in Nepal involving liability, policy interpretation, and reinsurance coverage issues.

• Acted for the reinsurers of Makalu Air Private airline in respect of coverage issues pertaining to the accident at Simikot Airport, Nepal, in 2010.
• Acted for the reinsurers of Tara Air in respect of coverage issues pertaining to the accident of a Twin Otter aircraft at Lamidanda Airport, Nepal, in 2010.
• Acted for the reinsurers of Air Kasthamandap in respect of coverage issues pertaining to the accident at Talcha Airport, Nepal, in 2011.

Recognised in the Hall of Fame by The Legal 500 for Commercial Litigation: Mid-Market 2022-2026

Recognised by The Legal 500 for Aviation 2014-2024

Recognised as a Leading Individual by the Legal 500 in Commercial Litigation 2017-2021

Recognised by Chambers UK as a practitioner 2015-2017