Former Gibson Dunn & Crutcher partner Peter Gray has launched a lawsuit against the firm, accusing bosses of unfair dismissal and of failing to compensate him for his legal bills.
Gray filed his claim at the Dubai International Financial Centre Court last week.
He is seeking approximately $500,000 (£350,000) in costs related to his legal battle in the UK and outstanding pay, plus damages that have yet to be assessed “for the defendant’s negligence and/or breach of contract and/or breach of its duty of mutual trust and confidence”.
Gray has also applied to the court for an order requiring Gibson Dunn to provide him with a “written statement of reasons” for his dismissal and a “declaration” that the firm was “not entitled to terminate his employment”.
The solicitor, who is based in Dubai, is represented by Payne Hicks Beach partner Julian Critchlow, as well as instructing Al Bawardi Advocates & Legal Consultants as local agent to bring the claim. 39 Essex Chambers’ Patrick Hennessey drafted the claim, with Fountain Court’s Mark Simpson QC and James Hart also instructed.
Gray’s row with Gibson Dunn stems from a dispute last year in the case, Republic of Djibouti v Abdourahman Boreh.
Gray was dismissed from the firm following a ruling he had “deliberately misled” the High Court during the case by allowing falsified evidence to be submitted in the form of incorrectly dated phone transcripts.
He contends there was no deliberate misconduct on his part and instead the dating errors were a mistake “that went unnoticed by all parties for a year”, according to the claim.
The filing also reveals Gibson Dunn held an internal investigation when the dating error first came to the attention of the court, “which exonerated the claimant of any dishonesty or deliberate misconduct”.
It continues: “The claimant accepted he had made serious errors of judgment, in circumstances where he had been under heavy time pressure. The claimant was given assurances to his future with [Gibson Dunn] and a substantial bonus.”
It goes on to say Gray’s bonus was “one of the largest bonuses given to any one partner in the firm [in 2015]”.
Gray is waiting to hear whether he will be granted leave to appeal the decision, handed down by Mr Justice Flaux last May. The Court of Appeal is understood to be considering whether it has the jurisdiction to hear the appeal.
A Solicitors Regulation Authority (SRA) investigation into Gray’s conduct is understood to have been stayed pending the result of the appeal.
Gray is also alleging Gibson Dunn “undermined and materially prejudiced” his legal position in the Djibouti case, in an attempt to protect its reputation. The claim filing said this was “in flagrant breach of its duties” as Gray’s employer and his solicitor in the proceedings that led to Flaux’s finding against him.
Gibson Dunn London disputes boss Philip Rocher and partner Charles Falconer QC, the former Lord Chancellor, are named in Gray’s claim.
It includes the claim the pair “should not have been involved in any independent investigation” into Gray’s conduct as “any findings absolving [Gray] of deliberately misleading the court would lead to questions regarding the staffing on the case” and criticism of their own roles in the case.
Falconer took on the lead role in the Djibouti case following Gray’s dismissal. Djibouti lost the case this March, with Flaux J dismissing all of its claims against Boreh and ordering it to pay £9.3m costs to the defendant. Djibouti has retained Gibson Dunn to appeal the decision.
Since his departure from Gibson Dunn, Gray is understood to be working for Dubai law firm Kingsgrove Partners.
Gibson Dunn has been contacted for comment.