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George McPherson

George McPherson

Call: 2003

"A very skilful advocate whose advice is comprehensive and conclusive."

- Chambers & Partners UK Bar (2023)

"George McPherson has a brain the size of a planet. He shows good attention to detail and is very strong both on paper and when presenting to the court."

- Chambers & Partners UK Bar (2024)

"He has exceptional written advocacy skills, which are in advance of what one would expect of someone of his vintage."

- Legal 500 UK Bar (2024)

"He is very good at getting to the heart of the issue and setting this out both in pleadings and in advices to clients in appropriate and tailored language."

- Legal 500 UK Bar (2023)

"George has an excellent analytical brain, an unusual ability to think laterally and a capacity to make clear and persuasive submissions on complex matters."

- Legal 500 UK Bar (2022)

Practice Overview

George is a highly regarded senior junior specialising in commercial law. For many years, he has been recognised in the directories for his “outstanding” all round ability as a commercial barrister. He is "a very skilful advocate" and “exceptional” on paper, with an “excellent analytical brain” which he combines with a style that is “very personable and user-friendly”.

George acts (led and unled) in complex commercial cases (frequently appearing as advocate against KCs).

His day-to-day practice focuses on:

  • Heavy breach of contract disputes (with particular experience of SPA claims).
  • Boardroom and shareholder bust-ups (including the long-running section 994 petition against The Hut Group Plc, which has twice been to the Court of Appeal).
  • Mis-selling and unfair relationship claims against banks (with a focus on interest rate swaps, complex financial products, GRG conduct & alleged LIBOR-rigging).
  • International fraud (including several years acting for one of the principal defendants in the massive SKAT litigation).
  • Professional negligence claims (with extensive experience of claims against solicitors, banks and company directors).

George routinely advises on the complex procedural matters which arise in such cases in relation to (1) disclosure (especially privilege and confidentiality) (2) security for costs and (3) jurisdiction/conflicts of law.

George has been called to the British Virgin Islands Bar and accepts instructions in offshore cases. He has also been instructed as an English law expert in US proceedings.

George is a modern languages graduate who speaks Spanish to a high standard.

Experience of wide range of different aspects of investment and retail banking and financial services:

(1) Financial Markets and Hedge Funds

Actions for and against banks and private equity funds in substantial and complex litigation:

  • Astra Asset Management UK Ltd v Odin Automotive (2022/23). £2.5m claim for recovery of liquidated damages under mandate letter for arrangement of £20m loan facility. Issues relating to contractual interpretation, penalties and estoppel. Summary judgment obtained in May 2023. Instructed by DLA Piper.
  • SKAT v Solo Capital Partners (2018-2022). £70m professional negligence claim arising out of £1.5 billion alleged fraud comprising claims against over 100 defendants. Issues relating to legal validity of complex dividend arbitrage scheme involving trading of shares in Danish companies. Acted for FCA regulated entity (ED&F Man Capital Markets Limited) providing custodian and brokerage services to United States pension plans. Claim alleged ED&F Man made negligent misrepresentations as to content of Tax Vouchers submitted to Danish tax authority. ED&F Man only defendant successfully to establish SKAT’s claim inadmissible by operation of Dicey Rule 3 (“the revenue rule”): [2022] EWCA Civ 234. Represented ED&F Man at numerous hearings before Designated Judge (Andrew Baker J) and against KCs including July 2020 (3 day CMC) ([2020] EWHC 2022 (Comm)) and May 2021 (consequentials hearing on indemnity costs) ([2021] EWHC 1222 (Comm)). Instructed by Rosenblatt with Ali Malek KC and Matthew Hardwick KC.
  • Guernsey fund v English LLP (2020). £2m breach of contract and restitution claims in relation to remuneration agreement for special purpose Guernsey investment fund. Instructed by Weil Gotshal & Manges.
  • PGI v Dillard (2015-2017). £60m breach of warranty and deceit claims arising out of investments made by hedge fund in Bernard Madoff “feeder funds” used to perpetrate Ponzi scheme fraud. Instructed by Mayer Brown with Andrew Fletcher KC.
  • Sun Capital v Hammonds (2013-2015). £20m professional negligence claim against solicitors arising out of allegedly negligent advice relating to EU law liabilities of private equity investment fund. 2 week Commercial Court trial in March 2015 before Phillips J. Settled prior to closings. Instructed by Herbert Smith Freehills with Cyril Kinsky KC.
  • Abraaj Investment Management Ltd v Bregawn Jersey Ltd; Abraaj Investment Management Ltd v Neville Tuli (2009/10): [2010] EWHC 630 (Comm). US$23.7m Commercial Court claim for breach of contract and breach of fiduciary duty to recover monies loaned to SPV for purposes of launching art investment fund. Instructed by Allen & Overy.

(2) APP Fraud

Representing individual and corporate victims of authorised push payment fraud:

  • Customer v Bank (2023/24). Advising on recovery of c. £1,000,000 house purchase monies paid over to fraudster who hacked customer email account and intercepted and doctored email from customer’s solicitors containing payee account details. Instructed by Meridian Private Client LLP.
  • Various cases (2023 onwards). Advising on strategy and available causes of action in negligence and restitution against paying and receiving banks in light of Philipp v Barclays [2023] UKSC 25.

(3) Mis-selling and Unfair Relationship Claims

Representing HNWIs and SMEs in cases involving alleged mis-sale of interest rate hedging products (issues relating to credit limit utilisation, GRG and LIBOR manipulation).

  • Cohen v Nationwide Building Society (2023/24). Unfair relationship claim relating to alleged mis-sale of £38.5m tailored business loan. Issues relating to whether unfairness caused by (1) lender’s alleged failure to disclose to customer at outset of loan customer’s liability to indemnify lender for its own liability to pay break costs under back-to-back interest rate swap with third party and (2) alleged impact of contingent liabilities under third party swap on availability and terms of lending to customer. Advocate at 3 heavy CCMC hearings between November 2023 and April 2024 (2 hearings against KC) successfully obtaining (opposed) orders as to expert evidence, further information and disclosure. Instructed by Withers.
  • Garrick Surface Coatings Ltd v Nat West (2021/22). Claims relating to bank’s conduct of GRG including implication of terms pursuant to section 13 of the Supply of Goods and Services Act 1982. Instructed by Balfour & Manson.
  • Bywaters (Leyton) Ltd v Nat West (2020/21). Claims relating to (1) alleged failure to disclose CLU/break costs (2) misrepresentation and (3) bank’s liability (post-PAG) in relation to GRG. Instructed by Seddons.
  • Panagopoulos v Lloyds TSB (2013/14). Commercial Court claim by London property developer arising out of £23m break cost liability (1) alleging (a) advisory relationship and (b) negligent misstatement in relation to multi-callable swap and (2) seeking consequential losses in relation to missed property developments. Instructed by Bircham Dyson Bell with Ali Malek KC and Sophie Mallinckrodt.
  • Tuvana v Barclays (2013-2015). £50m claim in Chancery Division arising out of alleged fraudulent manipulation of LIBOR. Described in The Times as “one of the largest lawsuits over mis-selling of hedging products to come to court” (4 April 2015). Instructed by AAG Legal with John Jarvis KC.
  • Freehold Estates Ltd v RBS (2012 – 2016). Multi-million pound claim in Commercial Court relating to mis-sale of six interest rate swaps in 2007 alleging (1) negligent misstatement and (2) misrepresentation. Settled two months before 8 day trial fixed for November 2015. Instructed in successful £1m claim for basic redress in FCA review in relation to (other) time-barred swaps. Instructed by Day Sparkes.
  • Valedown Ltd v Bank of Scotland (2013 – 2015). Multi-million pound Commercial Court claim relating to mis-sale of interest rate swap in May 2008. Settled after mediation, following first CMC. Instructed by Day Sparkes.

(4) General banking litigation – letters of credit; money laundering; mistaken payments; conversion of cheques; banking charges

Wide experience of causes of action and legal principles specific to banking:

  • UK Company v Bank (from 2024). Claim against major high street bank for recovery of + £1m for wrongfully honouring hundreds of allegedly forged cheques over 15 year period. Claims in debt and damages. Defences engaging (1) true construction of mandate (2) section 24 of Bills of Exchange Act 1882 (payment of forged cheque) and (3) scope of Macmillan and Greenwood. Instructed by HFW.
  • Jones v McCarthy (2021-2023). Court of Appeal hearing to determine whether party A could discharge party B’s debt to party C by paying amount to C intending to discharge the debt where (1) B did not dispute the existence of a debt (2) B did not consent to the making of the payment because the amount of the debt was disputed and (3) C treated the payment received from B as discharging the disputed debt: [2023] EWCA Civ 589. Instructed by Blake Morgan (with Hugh Sims KC).
  • Customer v Bank (2022). Advising corporate customer on “Event of Default” provisions in revolving credit facility (RCF) (including whether customer should seek urgent interim injunctive relief to preclude enforcement action under RCF). Instructed by Addleshaw Goddard.
  • Taher v Ikon Finance (2019). Claim based on proper construction of promissory notes and alleged default thereunder arising out of settlement agreement. Instructed by Clyde & Co.
  • IKON International (HK) Holdings Public Company Ltd v IKON Clearing Corporation Ltd (2015). Claim based on enforceability of a letter of demand issued pursuant to a standby letter of credit subject to the International Standby Practices ISP 98, ICC Publications No. 590. Instructed by Edwin Coe with John Jarvis KC.
  • XYZ Group v Bank (2015). Issues relating to (1) legality of bank’s unilateral decision to freeze 14 bank accounts under POCA 2002 sections 327 to 329 on grounds of suspected money laundering and offence of “tipping off” (2) application of Shah v HSBC 1 All ER (Comm) 72 (2015) (3) application of charges to frozen accounts. Instructed by Rix & Kay.
  • UK Company v Bank (2015). Issues as to company’s right to bring claims to recover payments made by mistake to third party on grounds of (1) restitution and/or negligence (2) defence of ministerial receipt (3) defence change of position and (4) Payment Services Regulation 2009. Instructed by Freeths.
  • Customer v Bank (2015). Claim against bank in conversion for cashing of cheques with value over £1m after customer defrauded by third party. Issue relating to (1) whether customer remains true owner of cheques and (2) scope of bank’s defence under s2 of Cheques Act 1957. Instructed by Sylvester, Amiel Lewin & Horne.
  • Commerzbank v ProCredit Bank (2010). Issues as to meaning and effect of standby letter of credit issued by Kosovan Bank to Austrian company under UCP 600. Instructed by GW Legal.
  • Various Claimants v Various Banks (2007). Bank charges litigation. Represented High Street banks defending claims in London Mercantile Court and County Courts to recover bank charges levied on customers. Procedural issue as to whether to grant stay of claims pending outcome of High Court proceedings. Instructed by various solicitors.

(5) Guarantees

Issues relating to meaning and enforcement of guarantees (including issues of foreign law). Cases include:

  • WD v Bank (2019/20). Claim based on (1) proper construction of “unconditional” guarantee (2) bank’s power to apply charge backs under Merchant Services Facility and (3) enforceability of letters of demand. Instructed by Gunnercooke.
  • Arab Jordan Investment Bank Plc v Sharbain (2018/19). Defending claim seeking enforcement of two Jordanian judgments against defendant as guarantor of the debts of Jordanian companies. Summary judgment application: [2019] EWHC 860 (Comm). Issues relating to (1) fraud exception to conclusiveness of foreign judgments and (2) true construction of power of attorney. Instructed by Bishop & Sewell with John Jarvis KC.
  • Marquette v UBS (2014/15). Commercial Court claim under guarantee for accelerated receipt of future interest under loan agreement. Issue relating to whether accelerate receipt interest provision was penal under Cavendish Square Holding BV v Talal El Makdessi UKSC 67. Instructed by Seddons.
  • Abraaj Investment Management Ltd v Tuli (2009/10). US$23.7m Commercial Court claim under personal guarantee in relation to financing arrangements for purchase of art work. Successful summary judgment application in March 2010: [2010] EWHC 630 (Comm). Instructed by Allen & Overy.

(6) Possession Claims

Extensive experience of possession claims:

  • United Trust Bank v Miller (2019). Complex possession proceedings involving issues of (1) mental capacity (litigation friend) and (2) true construction of Settlement Deed. Instructed by RPC.
  • Southern Pacific Mortgages Ltd v Iqbal (2011). 2 day possession trial before HHJ Langan QC. Application of Paragon Finance v Pender to securitisation defence. Instructed by Lightfoots.
  • Barclays Bank v Auerbach (2009/10). Multi-million pound possession claim and strike out application against Mauritian company and husband and wife. Instructed by DLA Piper.
  • Redstone Mortgages plc v Ashford (2009). Possession action against defendant occupiers of property involving questions of estoppel and subrogation. Instructed by DWF.

Regularly instructed in large-scale litigation involving claims based on fraud (often with an international or cross-border element and/or requiring urgent applications for interim relief):

(1) Deceit Claims

  • SKAT v ED&F Man Capital Markets Ltd (2022-2023). Deceit claim arising out of submission of Tax Vouchers to Danish Tax Authority by custodian defendant and conduct of previous litigation. Second claim based on same Tax Vouchers (first claim dismissed). Issues as to whether (1) second claim abuse of process contrary to Johnson v Gore Wood principles; and/or (2) issue estoppel arising out of previous Court of Appeal decision dismissing first claim on ground barred by revenue rule. Instructed by Rosenblatt with Ali Malek KC.
  • TMO v Yeo (2016-2022). £38m claim alleging fraudulent misrepresentations by directors in relation to fundraising secured by directors in order to manipulate voting at key EGM in October 2013. 4 week trial before Joanna Smith J in March 2021: [2021] EWHC 2033 (Ch) and [2021] EWHC 2773 (Ch) (Costs). Pre-trial dispute about privileged status of pre-action expert valuation report: [2020] EWHC 789 (Ch). Successfully resisted D4’s costs appeal on grounds defence dishonestly conducted: [2022] EWCA Civ 1409. Instructed by Hewlett Swanson with Andrew Sutcliffe KC.
  • Various Claimants v Lloyds (2018-2020). Numerous deceit claims for deceit arising out of HBOS Reading bank fraud between 2003 and 2007. Issues relating to (1) vicarious liability (2) reflective loss (3) limitation (4) shadow directorship and (5) consequential loss. Separately instructed by Humphries Kerstetter and Day Sparkes on different cases.
  • Nazar v Belco Trading Ltd (2019/20). Claim of circa US$10m against eight defendants arising out of allegedly fraudulent misrepresentations relating to a joint venture agreement between two Ukrainian citizens. Acted for six corporate defendants which successfully set aside order extending time for service of claim form and particulars of claim: [2020] EWHC 282 (Comm) (no report available). Instructed jointly by Fieldfisher and Gresham Legal.
  • Companies A & B v Various Individuals (2019). Claims in (1) deceit and (2) unlawful means conspiracy arising out of allegedly dishonest Ponzi investment scheme in mobile homes units. Instructed by Graham White & Company.
  • PGI v Dillard (2015-2017). US$60m claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent misrepresentations in relation to group’s historical investments. Instructed by Mayer Brown with Andrew Fletcher KC.
  • Tuvana v Barclays (2013–2015). £50m mis-selling claim against retail bank’s investment arm alleging fraudulent manipulation of LIBOR in relation to sale of interest rate swap. Instructed by AAG Legal with John Jarvis QC.
  • The Hut Group Ltd v Nobahar-Cookson (2012–2014). £10m counterclaim by seller of online sports retail business alleging fraudulent misrepresentations in relation to purchaser company’s accounts. 4 week Commercial Court trial in October 2014: [2014] EWHC 3843 (Comm). Instructed by DWF with John Odgers QC.
  • IXIS v Corporate & Investment Bank v WestLB AG (2006/07). Substantial Commercial Court claim arising out of the collapse of the Box Clever Group. Claims in deceit relating to the securitisation of receivables. Instructed by Lovells with Mark Hapgood QC and Sonia Tolaney.

(2) Breach of Fiduciary Duty, Dishonest Assistance and Conspiracy

  • Global Cord Blood Corp (2022/23). Advising Joint Provisional Liquidators of Cayman-based parent company in relation to potential causes of action in fraud (breach of fiduciary duty, dishonest assistance, conspiracy) to recover c. £1 billion misappropriated by shadow director from subsidiary trading from PRC and Hong Kong. Complex jurisdictional questions relating to where to bring claim involving issues of Cayman, Hong Kong and PRC law. Instructed by Mourant with Ewan McQuater KC.
  • Berkeley Square Holdings v Lancer (2018 – 2021). £30m breach of fiduciary duty, dishonest assistance and conspiracy claims arising out of alleged dishonest over-charging by defendant property asset management group in relation to £5 billion property portfolio beneficially owned by President of the UAE. George acted for claimant property management company. Pre-trial dispute relating to scope of without prejudice privilege: [2020] EWHC 1015 (Ch) and [2021] EWCA Civ 551. Instructed by Eversheds with David Quest KC.
  • TMO v Yeo (2016-2022). £38m claim alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares in order to defeat EGM resolutions. Issues relating to scope of recovery for equitable compensation under AIB v Redler. 4 week trial before Joanna Smith J in March 2021: [2021] EWHC 2033 (Ch) and [2021] EWHC 2773 (Ch) (Costs). Pre-trial dispute about privileged status of expert valuation report: [2020] EWHC 789 (Ch). Successfully resisted D4’s costs appeal on grounds defence dishonestly conducted: [2022] EWCA Civ 1409. Instructed by Hewlett Swanson with Andrew Sutcliffe KC.
  • Re Hut Group Ltd (since 2018). Section 994 unfair prejudice petition alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares for purposes of diluting/disadvantaging interests of substantial minority shareholder. Strike out application in relation to allegations of fraud/bad faith on grounds improperly pleaded – first instance ([2020] EWHC 5 (Ch)) and appeal ([2021] EWCA Civ 904). Successful amendment application ([2023] EWHC 65 (Ch)) overturned on appeal on ground statutory period of limitation applies to s994 petition [2024] EWCA Civ 158). Permision granted by Supreme Court to appeal limitation decision (May 2024). Instructed by DWF with Paul Chaisty KC and Andrew Thompson KC.
  • Various Claimants v Lloyds (2018-2020). Numerous claims for dishonest breach of fiduciary duty/conspiracy arising out of HBOS Reading bank fraud between 2003 and 2007. Issues relating to (1) vicarious liability (2) reflective loss (3) limitation (4) shadow directorship and (5) consequential loss. Separately instructed by Humphries Kerstetter and Day Sparkes on different cases.
  • Altecnic v Benettolo (2016-2018). Breach of fiduciary duty claim against company director and accessory liability for dishonest assistance in relation to exclusive supplier arrangement relating to Italian plumbing business. Instructed by Weil Gotshal & Manges.
  • Frisco (UK) Sales Ltd v Wallis (2011/12). Breach of fiduciary duty claim against managing director for alleged dishonest misappropriation of architectural hardware goods owned and distributed by company. Instructed by Seddons.
  • Caring Together Limited v Bauso (2007/08). Breach of fiduciary duty and conspiracy claim by joint liquidators of company against former directors, who allegedly misappropriated company funds from “payroll giving” fundraising model. Instructed by HFW with Stephen Phillips QC.

(3) Fraudulent Breach of Warranty

  • SRCL v Various Defendants (2016/17). £2m Commercial Court breach of warranty claim alleging dishonesty/bad faith in implementation of price increases for supply for healthcare patient support services. Instructed by DLA Piper.
  • PGI v Dillard (2015-2017). US$60m claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent breach of warranty in relation to group’s historical investments. Instructed by Mayer Brown with Andrew Fletcher KC.
  • The Hut Group Ltd v Nobahar-Cookson (2012 – 2014). £10m counterclaim by seller of online sports retail business alleging fraudulent breach of warranty in relation to purchaser company’s accounts. 4 week Commercial Court trial in October 2014: [2014] EWHC 3843 (Comm). Instructed by DWF with John Odgers KC.

(4) Freezing Orders and Ancillary Relief

  • Global Cord Blood Corp (2022/23). Interim injunctive relief and contempt proceedings by Cayman-based parent company in Cayman Islands and Hong Kong (including freezing orders). Potential causes of action in fraud (breach of fiduciary duty, dishonest assistance, conspiracy) to recover c. £1 billion misappropriated by shadow director from subsidiary trading from PRC and Hong Kong. Complex jurisdictional questions relating to where to bring claim involving issues of Cayman, Hong Kong and PRC/Chinese law. Instructed by Mourant with Ewan McQuater KC.
  • Joint Liquidators of Hong Kong Company v Individual (2019). Advising on application to obtain freezing order in English courts against former CEO of Hong Kong company resident in England in support of claim made in Hong Kong under settlement agreement governed by Hong Kong law. Instructed by Simmons & Simmons.
  • Principal Global Investors LLC v Liongate Multi-Strategy Fund Enhanced (2X) (2016/17). Application to freeze assets of investment fund in Cayman Islands in support of claim in English Commercial Court proceedings. Instructed by Mayer Brown with Andrew Fletcher KC.
  • CIMC Raffles Offshore (Singapore) Ltd v Schahin Holding SA (2013/14). Post-judgment (1) application for disclosure of assets pursuant to section 37 of the Senior Courts Act 1981 and (2) advice on application for appointment of receivers as means of enforcing judgment of US$67m (2013-2014). Instructed by Curtis Davis Garrard (now Haynes and Boone LLP) with Andrew Fletcher KC.
  • Dina Foods v Baden (2009). Application for disclosure of assets against individual in connection with freezing injunction proceedings. Instructed by iLaw.
  • Company v Various Individuals (2004). Applications for freezing and search orders in large corporate fraud claim. Instructed by Starr & Partners with Andrew Fletcher KC.

(5) Other Fraud Claims

  • SDLL v Harper (2015/16). 3 day trial of building dispute in Central London County Court seeking recovery of sums in (1) debt (2) breach of contract and (3) quantum meruit in respect of failure to complete/unsatisfactory quality of extension project. Allegations of dishonest concealment of contractual counterparty’s liquidation by claimant director. Instructed by Sylvester, Amiel Lewin & Horne.
  • Schmitt v Fenne-Frederiksen (2011/12). Jurisdiction challenge in relation to claims made by German administrator of Phoenix Kapitaldienst pursuant to section 423 of Insolvency Act 1986 arising out of dishonest Ponzi investment scheme. Instructed by Gibson & Co.
  • KZ v Russian Individual (2010). Advising in relation to proceedings brought by minority shareholders in BVI and Cyprus for fraudulent conspiracy against company director and other offshore entities to recover damages for loss of value in shareholding. Instructed by DLA Piper.
  • Lexi Holdings v Aitchison Rafferty (2010). Defending claim for allegedly negligent valuation in reliance on ex turpi causadoctrine based on the fraud of a “one man company” in making loans pursuant to a dishonest scheme as set out in Moore Stephens v Stone & Rolls Limited [2009] UKHL 39. Instructed by CMS Cameron McKenna with Peter Ratcliffe.
  • Hosking v Andreou (2008/09). Claim alleging fraudulent misappropriation of property by bankrupt. Instructed by HFW with Jonathan Nash KC.

(1) Heavy Commercial Cases

Numerous substantial commercial disputes in the High Court including:

  • Cohen v Nationwide Building Society (2023/24). Unfair relationship claim relating to alleged mis-sale of £38.5m tailored business loan. Issues relating to whether unfairness caused by (1) lender’s alleged failure to disclose to customer at outset of loan customer’s liability to indemnify lender for its own liability to pay break costs under back-to-back interest rate swap with third party and (2) alleged impact of contingent liabilities under third party swap on availability and terms of lending to customer. Advocate at 3 heavy CCMC hearings between November 2023 and April 2024 (2 hearings against KC) successfully obtaining (opposed) orders as to expert evidence, further information and disclosure. Instructed by Withers.
  • SKAT v ED&F Man Capital Markets Ltd (2022-2023). Deceit claim arising out of submission of Tax Vouchers to Danish Tax Authority by custodian defendant and conduct of previous litigation. Second claim based on same Tax Vouchers (first claim dismissed). Issues as to whether (1) second claim abuse of process contrary to Johnson v Gore Wood principles; and/or (2) issue estoppel arising out of previous Court of Appeal decision dismissing first claim on ground barred by revenue rule. Instructed by Rosenblatt with Ali Malek KC.
  • SKAT v Solo Capital Partners (2018-2022). £70m professional negligence claim arising out of £1.5 billion alleged fraud comprising claims against over 100 defendants. Issues relating to legal validity of complex dividend arbitrage scheme involving trading of shares in Danish companies. Acted for FCA regulated entity (ED&F Man Capital Markets Limited) providing custodian and brokerage services to United States pension plans. Claim alleged ED&F Man made negligent misrepresentations as to content of Tax Vouchers submitted to Danish tax authority. ED&F Man only defendant successfully to establish SKAT’s claim inadmissible by operation of Dicey Rule 3 (“the revenue rule”): [2022] EWCA Civ 234. Represented ED&F Man at numerous hearings before Designated Judge (Andrew Baker J) including July 2020 (CMC) ([2020] EWHC 2022 (Comm)) and May 2021 indemnity costs hearing ([2021] EWHC 1222 (Comm)). Instructed by Rosenblatt with Ali Malek KC and Matthew Hardwick KC.
  • Berkeley Square Holdings v Lancer Property Asset Management Ltd (2018-2021): Acted for claimant in £30m breach of fiduciary duty, dishonest assistance and conspiracy claims arising out of alleged dishonest over-charging by defendant property asset management group in relation to £5 billion property portfolio beneficially owned by President of the UAE. Pre-trial dispute relating to scope of without prejudice privilege: [2020] EWHC 1015 (Ch) and [2021] EWCA Civ 551. Instructed by Eversheds with David Quest KC.
  • PGI v Dillard (2015-2017). US$60m Commercial Court claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent misrepresentations and fraudulent breach of warranty in relation to group’s historical investments. Settled before 8 week trial. Instructed by Mayer Brown with Andrew Fletcher KC.
  • Sun Capital v Hammonds (2013-2015). £20m claim arising out of solicitors’ allegedly negligent advice relating to EU law liabilities of private equity investment fund. 2 week Commercial Court trial in March 2015 before Phillips J. Settled prior to closings. Instructed by Herbert Smith Freehills with Cyril Kinsky KC.
  • The Hut Group Ltd v Nobahar-Cookson (2012-2016). 4 week Commercial Court trial in October 2014 relating to circa £10 million breach of warranty claim and counterclaim: [2014] EWHC 3842 (QB). Appeal in relation to interpretation of SPA clause requiring notification of warranty claims within specified time limit: [2016] EWCA Civ 128. Instructed by DWF with John Odgers KC.
  • Astrazeneca UK Ltd v Albemarle International Corporation (2011). 2 week Commercial Court trial before Flaux J in March 2011 relating to breach of contract claim involving construction of “first refusal” clause in pharmaceuticals contract: [2011] EWHC 1574 (Comm). Instructed by Reed Smith with John Odgers KC.
  • GB Gas Holdings Ltd v Accenture (UK) Ltd (2009). Preliminary issue relating to fitness of British Gas customer billing system. Instructed by Linklaters with Jeffrey Onions KC and Sonia Tolaney.
  • ALS v Honeywell (2007). £388m Commercial Court claim for alleged breach of contract and misrepresentation in relation to development of automotive gear technology. Involved in pre-trial hearings and preparation of witness statements. Instructed by Wilmer Hale with Ewan McQuater KC and David Head KC.
  • IXIS v Corporate & Investment Bank (2006/07). Commercial Court claim arising out of the collapse of the Box Clever Group. Claims in deceit relating to the securitisation of receivables. Instructed by Lovells with Mark Hapgood QC and Sonia Tolaney.

(2) SPA Claims

Numerous claims under SPAs covering (1) breach of warranties (2) notification clauses (3) expert determination and (4) release of escrow payments:

  • Re Project X (2023). Breach of warranty claims worth c. £7m under SPA and Transitional Services Agreement. Issues of interpretation of “Financial Documents Warranty” relating to preparation of accounts on true and fair basis. Written and oral advice. Instructed by DLA Piper.
  • Company v Two Individuals (2023). Sale of photocopying machine leasing company (with issues relating to (1) disputed ownership of lease book and customers and (2) non-disclosure of sale). Drafted defence and advised. Instructed by Stevens & Bolton.
  • Two Individuals v Various Defendants (2022). £150m+ sale of online sports and entertainment business. Claims for breach of contract, tortious duty of care and breach of fiduciary duty arising out of conditions of release for purchase consideration held in escrow. Separate claims against escrow agent. Instructed by Osborne Clarke.
  • Holding Company v Sellers (2020). Claim seeking release of Escrow Payment under terms of 2019 SPA having regard to (1) existence and (2) quantum of claims. Instructed by Slatefords.
  • Property Trust v Individual (2019/20). Claiming seeking release of Deferred Consideration under terms of 2017 SPA having regard to (1) existence and (2) quantum of claims. Instructed by Wallace LLP.
  • Chicago Bidco Ltd v Surestone Insurance Holdings Ltd (2019/20). Claim based on alleged breach of warranty relating to accuracy of “accounting records”. Instructed by Weil Gotshal & Manges with Andrew Fletcher KC.
  • TEOCO UK Ltd v Aircom Jersey 4 Ltd (2016-2018). Claim relating to alleged breach of tax warranties. Summary judgment and strike out application on grounds of failure to notify claim in accordance with provisions of SPA: [2016] 4 WLUK 527 & [2018] EWCA Civ 23. Instructed by McGuireWoods with John Jarvis KC.
  • Zedra Trust Company (Jersey) Limited v The Hut Group Ltd (2018/19). Part 8 claim successfully seeking production of expert report pursuant to (1) implied term of SPA and/or (2) in accordance with agency principles: [2019] EWHC 2191 (Comm). Instructed by DWF with Andrew Onslow KC.
  • SRCL v Various Defendants (2016/17). £2m Commercial Court claim relating to breaches of warranties arising out of claimant’s acquisition of healthcare transport business. Instructed by DLA Piper.
  • PGI v Dillard (2015-2017). US$60m Commercial Court claim alleging fraudulent breach of warranty in relation to group’s historical investments. Instructed by Mayer Brown with Andrew Fletcher KC.
  • Ryan (JGHL) Bidco Ltd v 19 Individuals (2014-2016). £3m Commercial Court claim alleging breach of “true and fair” warranty in relation to accounts of insurance business caused by (1) insufficient run-off provision (2) incorrect treatment of commission and (3) no provision for expenses. Instructed by CMS Cameron McKenna.
  • The Hut Group Ltd v Nobahar-Cookson (2012-2016). c. £10m Commercial Court claim and counterclaim alleging breaches of warranty. Adequacy of claim notification under SPA considered by Court of Appeal: [2016] EWCA Civ 128. Instructed by DWF with John Odgers KC.
  • GB Gas Holdings Ltd v Accenture (UK) Ltd (2009). Preliminary issue relating to fitness of British Gas customer billing system. Instructed by Linklaters with Jeffrey Onions KC and Sonia Tolaney.

(3) Goods and Services

Contractual disputes relating to sale and supply of goods and services (with issues including offer/acceptance, incorporation and implication of terms, exclusive supply agreements, contractual interpretation, UCTA, estoppel/waiver, contractual termination clauses, repudiatory breach and quantification of damages):

  • Company A v Company B (2024). c. £750k claim/counterclaim relating to data storage services. Allegations of repudiatory breach and renunciation arising out of change of location of data storage facility. Instructed by Rosenblatt.
  • Supplier v Customer (2024). c. £800k claim for recovery of invoices allegedly due pursuant to standard terms and conditions. “Battle of the forms” argument. Advised in relation to interim injunction preventing presentation of winding up petition on basis ‘substantial dispute’ debt due. Instructed by DWF.
  • Aerospace Supplier A v Manufacturer B (2024). c. £1m ad hoc arbitration claim seeking liquidated damages for delays in production of parts for aircraft engines caused by catastrophic failure of forging press. Issues relating to causation and quantification of loss. Instructed by TLT.
  • My Protection Guru Ltd v Lifesearch Partners Ltd (since 2023). c. £3m claim in debt and counterclaim for breach of contract relating to payment of insurance commissions. Contested security for costs application: [2023] EHWC 2573 (Comm). 6 day trial listed for December 2024. Instructed by Michelmores with Emma Hughes.
  • Tactus Ltd v Buy It Direct Ltd (2022/23). c.£1m claim for breach of contract in relation to supply of laptop computers. Issues relating to (1) rectification of purchase orders and (2) breach of condition as to sale by description/satisfactory quality. Instructed by Gordons.
  • Replan (UK) Ltd v Sportsdirect (2020/21). £3.5m claim for breach of oral agreement and restitution in relation to supply of shopfitting services to leading UK sports goods company. Issues relating to implication of terms in longstanding commercial arrangement. Instructed by Gordons.
  • Monsoon Accessorize Ltd v FAB (2018-2020). Defending claim for royalty payments pursuant to licence agreements in relation to sale/distribution of fragrance products. Issues relating to (1) true construction of agreements and (2) compliance with contractual termination clauses. Instructed by Gordons.
  • Altecnic v Benettolo (2016-2018). Commercial Court claim for damages and equitable relief arising out of (1) alleged breach of exclusive distributorship agreement and (2) misappropriation of corporate opportunities by director in plumbing industry. Instructed by Weil Gotshal & Manges.
  • SDLL v Harper (2015/16). 3 day trial of building dispute in Central London County Court seeking recovery of sums in (1) debt (2) breach of contract and (3) quantum meruit in respect of failure to complete/unsatisfactory quality of extension project. Trial examined allegations of dishonest concealment of contractual counterparty’s liquidation by claimant director. Instructed by Sylvester, Amiel Lewin & Horne.
  • Mileform Ltd v Interserve Security Ltd (2012-2015). Damages claim for breach of oral contract in relation to supply of logistical services. Successful application to adjourn July 2012 trial: [2012] EHWC 1987 (QB). 4 day trial in March 2013: [2013] EWHC 3386 (QB). Issues relating to (1) status of entire agreement clauses and (2) implication of terms. Application for permission to appeal based on Judge’s failure to consider rectification argument: [2015] EWCA Civ 62. Instructed by Mishcon de Reya.
  • Kemp v Glacier Estates Ltd (2011/12). Damages claim in London Mercantile Court for (1) breach of contract and (2) misrepresentation in relation to failure to supply bespoke, luxury kitchen. Application to set aside judgment in default. Instructed by TLT.
  • J&H Renwick Ltd v RBS Insurance Services Ltd (2009/10). Counterclaim by defendant insurance company to recover alleged overpayments made in relation to work done on hundreds of properties affected by flood damage. Instructed by CMS Cameron McKenna with Jonathan Mark Phillips.
  • RD2 Media Ltd v Fullfill Distribution Ltd (2005). Winding up petition relating to debt incurred pursuant to credit account opened in name of company. Issue as to whether winding up order on grounds ‘substantial dispute’ because apparent uncertainty as to identity of entity which incurred debt: [2005] All ER (D) 251 (Jul). Instructed by Woolsey Morris & Kennedy.

(4) Property and Assets

Disputes relating to personal, commercial and intellectual assets and property in numerous different context (frequently involving jurisdiction issues):

  • McCarthy v Proctor (2022 – ongoing). c. £1.5m claim for damages for negligent misrepresentations as to beneficial ownership of Mallorcan villa sold pursuant to tripartite debt agreement. Damages seeking to recover sums (damages and costs) ordered pursuant to earlier claim against claimant. Contested jurisdiction application as to proper forum (Spain or England and Wales) for determination of dispute: [2024] EWHC 684 (Ch). Instructed by Blake Morgan.
  • US Company, Inc v English Limited Company (2022). Claim alleging misappropriation of proprietary information relating to exploitation of anti-depressant therapy pursuant to contract governed by English law. Advised as expert in US proceedings. Instructed by Wilson, Sonsini Goodrich & Rosati.
  • Match Group, LLC v Muzmatch Ltd (2021/22). Claim alleging unauthorised use of registered trademarks by Muslim dating agency website. Advising/preparing submissions in relation to communications allegedly covered by without prejudice privileged. Instructed by Bristows.
  • Jones v McCarthy (2021-23). c. £1m claim for breach of contract and equitable compensation/relief relating to asset swap agreement in respect of Mallorca villa and pleasure craft. 2 day trial before HHJ Jarman QC in July 2022 ([2022] WHC 2186 (Ch)) followed by 2 day appeal addressing issues of beneficial ownership, estoppel and quantification of damages ([2023] EWCA Civ 589). Instructed by Blake Morgan with Hugh Sims KC (appeal only).
  • Khouj v Acropolis Capital Partners Ltd (2016). Acting for Estate of Saudi citizen seeking declaratory relief in relation to defendants’ management of Saudi citizen’s assets at time of his death. Issues relating to (1) principles of agency and (2) existence/scope of fiduciary duty. 5 day Commercial Court trial in May 2016 before Knowles J: [2016] EWHC 2120 (Comm). Instructed by HMA Law with Andrew Sutcliffe KC.
  • Rubython v Anglian Water Services Ltd (2012). 3 day trial of nuisance/negligence claim in Central London County Court seeking damages (lost business profits) arising out of damage caused by water egress from neighbouring sewage treatment premises. Instructed by Seddons.
  • Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd (2011). Claim to establish implied periodic tenancy in respect of occupation of commercial airport premises. 6 day speedy trial following grant of interim relief: [2011] EWHC 2238 (Ch). Instructed by Berg Legal with Andrew Sutcliffe KC.

(5) Aviation

Claims relating to leasing and sale of aircraft (including one of leading cases on contractual estoppel):

  • Westpark 1 Aircraft Leasing Ltd v Kingfisher Airlines Ltd (2009/10). Quantum proceedings against Indian airline company for claim in excess of $30 million. Instructed by Allen & Overy.
  • BAE Systems v First Flight Couriers Ltd (2008/09). Claim for (1) payment of rent and (2) redelivery of aircraft equipment under terms of aircraft leases. Instructed by Allen & Overy.
  • Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd (2008/09). International supply of goods dispute relating to the leasing of aircraft and provision of ancillary support services. Summary judgment application in Commercial Court and on appeal: [2008] EWHC 1686 (Comm) & [2009] EWCA Civ 290. Issues relating to (1) contractual estoppel and (2) application of UCTA to international supply contracts. Instructed by Allen & Overy.

(6) Media and Entertainment

Cases involving alleged infringement of contractual or intellectual property rights:

  • Match Group, LLC v Muzmatch Ltd (2021/22). Claim alleging unauthorised use of registered trademarks by Muslim dating agency website. Issues as to whether communications allegedly covered by without prejudice privilege. Instructed by Bristows.
  • US LLC v English Limited Company (2017/18). Arbitration claim seeking to recover sums due in relation to advertisement, promotion and exploitation of film rights. Instructed by Harbottle & Lewis.
  • Martinez v Ige (2015/16). Successful (1) strike out application and (2) extended civil restraint order application arising out of claims made in relation to claimant’s appearance on GMTV programme in 2007. Instructed by Goodman Derrick.
  • Jazz FM v Planet Rock (2013). Claim alleging (1) breach of exclusivity term and (2) repudiatory breach in relation to obtaining of orders from advertisers for the broadcast of advertising, sponsorship and promotion on rock music radio station. Instructed by Mishcon de Reya.
  • Quickdraw LP v Global Live Events LLP (2011/12). Defending interim injunction application to prevent exploitation of sound and film recordings of Michael Jackson Forever Tribute Concert in October 2011. Instructed by Thurloe & Lyndhurst: [2012] EWHC 233 (Ch).
  • Varga v Tiger Aspect Productions Ltd (2009/10). Breach of contract claim seeking recovery of expenses in relation to production of Mr Bean animated cartoon series. Hearing to determine cost consequences of late acceptance of Part 36 offer. Instructed by Thurloe & Lyndhurst with Andrew Sutcliffe KC.

(7) Offshore

Called to BVI Bar (2013).

Offshore cases in BVI and Cayman Islands include the following:

  • Global Cord Blood Corp (2022/23). Interim injunctive relief and contempt proceedings by Cayman-based parent company in Cayman Islands and Hong Kong (including freezing orders). Potential causes of action in fraud (breach of fiduciary duty, dishonest assistance, conspiracy) to recover c. £1 billion misappropriated by shadow director from subsidiary trading from PRC and Hong Kong. Complex jurisdictional questions relating to where to bring claim involving issues of Cayman, Hong Kong and PRC/Chinese law. Instructed by Mourant with Ewan McQuater KC.
  • Principal Global Investors LLC v Liongate Multi-Strategy Fund Enhanced (2X) (2016/17). Application to freeze assets of investment fund in Cayman Islands in support of claim in English Commercial Court proceedings. Instructed by Mayer Brown with Andrew Fletcher KC.
  • Featherwood Trading Ltd v Fraunteld Management Ltd (2012/13). Unjust enrichment claim for repayment of US$13m in relation to ineffective transfer of shares pursuant to joint venture agreement between two Russian businessmen. Appeal before Eastern Caribbean Supreme Court in British Virgin Islands (10 June 2013): report here. Instructed by Conyers Dill with John Jarvis KC.
  • KZ v Russian Individual (2010). Claims by minority shareholders in BVI and Cyprus for fraudulent conspiracy against company director and other offshore entities to recover damages for loss of value in shareholding. Instructed by DLA Piper.

(8) Arbitration

Experience of acting in LCIA, ad hoc and ICC arbitrations:

  • Aerospace Supplier A v Manufacturer B (2024). £1m ad hoc arbitration claim seeking liquidated damages for delays in production of parts for aircraft engines caused by catastrophic failure of forging press. Issues relating to causation and quantification of loss. Instructed by TLT.
  • US LLC v English Limited Company (2017/18). Arbitration claim seeking to recover sums due in relation to advertisement, promotion and exploitation of film rights. Drafted defence and advised. Instructed by Harbottle & Lewis.
  • French Pharmaceutical Supplier v Spanish Pharmaceutical Supplier (2012/13). ICC arbitration claiming damages for alleged breaches of “quality control” conditions in licence and supply agreements leading to lost sales of pharmaceutical products.
  • Government A v Supplier B (2005/06). ICC arbitrations seeking damages for multiple breaches of contract in relation to supply of military equipment. 2 week arbitration in The Hague in January 2006. Instructed by foreign government with Ali Malek KC and Richard Brent.

(9) Interim Injunctions

  • Supplier v Customer (2024). £800k claim for recovery of invoices allegedly due pursuant to standard terms and conditions. “Battle of the forms” argument as to applicable terms. Interim injunctive relief to restrain presentation of winding up petition on basis ‘substantial dispute’ debt due. Instructed by DWF.
  • Jellinek v Casa Argentina Ltd (2024). Interim injunctive relief in support of section 994 petition to restrain share issue diluting minority shareholder’s shareholding in company importing Argentinian food. Hearings before Adam Johnson J and Mellor J in April 2024 (12 April 2024, unreported). Speedy trial ordered to resolve unfair prejudice complaints. Instructed by Winston & Strawn London LLP.
  • Customer v Bank (2022). Urgent interim injunctive relief to stop enforcement action under “Event of Default” provisions in revolving credit facility (RCF). Instructed by Addleshaw Goddard.
  • Global Cord Blood Corp (2022/23). Interim injunctive relief and contempt proceedings by Cayman-based parent company in Cayman Islands and Hong Kong (including freezing orders). Potential causes of action in fraud (breach of fiduciary duty, dishonest assistance, conspiracy) to recover c. £1 billion misappropriated by shadow director from subsidiary trading from PRC and Hong Kong. Complex jurisdictional questions relating to where to bring claim involving issues of Cayman, Hong Kong and PRC/Chinese law. Instructed by Mourant with Ewan McQuater KC.
  • Velocity Composites plc v Bridges (2019). Interim injunctive relief to restrain shareholder group from exercising voting rights against reappointment of existing board members of board of directors at AGM: [2019] EWHC 907 (Ch). Instructed by DWF.
  • Internet Service Provider v Telecommunications Provider (2018). Interim injunctive relief to restrain defendant from breaching agreement to supply telecommunications services permitting claimant’s customers from connecting to the internet.
  • Quickdraw LP v Global Live Events LLP (2011/12). Defending application for injunctive relief to prevent exploitation of sound and film recordings of Michael Jackson Forever Tribute Concert in October 2011: [2012] EWHC 233 (Ch).Instructed by Thurloe & Lyndhurst.
  • Smith v Butler (2011). Acting for major shareholder in defence of application for interim injunctive relief by company chairman to challenge lawfulness of suspension as employee: [2011] EWHC 2301 (Ch). Instructed by Hewlett Swanson.
  • Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd (2011). Claim to establish implied periodic tenancy in respect of occupation of commercial airport premises. 6 day speedy trial following grant of interim relief: [2011] EWHC 2238 (Ch). Instructed by Berg Legal with Andrew Sutcliffe KC.
  • Cancer Care Foundation v Fundraising Initiatives Ltd (2007). Urgent ex parteapplication for interim injunction to restrain defendant companies from interfering with system for collection of charitable donations. Instructed by HFW with Stephen Phillips QC.

(10) Enforcement of Judgments and Arbitration Awards

  • Khouj v Acropolis Capital Partners Ltd (2020/21). Successful application seeking enforcement of order requiring defendants to provide information about transfer of shares: [2021] EWHC 1667 (Comm) and [2021] EWHC 2282 (Comm). Issues relating to scope of court’s powers to order cross-examination of company officer. Instructed by HMA Law.
  • HSBC Bank Middle East Ltd v Sharbain (2018/19). Defending claim seeking enforcement of two Jordanian judgments against defendant as guarantor of the debts of Jordanian companies. Summary judgment application: [2019] EWHC 860 (Comm). Issues relating to (1) fraud exception to conclusiveness of foreign judgments and (2) true construction of power of attorney. Instructed by Bishop Sewell with John Jarvis KC.
  • CIMC v Schahin (2013/14). Enforcement proceedings relating to US$67m arbitration award. Issues relating to jurisdictional scope of CPR Part 71: [2014] EWHC 1742 (Comm). Instructed by Curtis Davis Garrard (now Haynes & Boone LLP) with Andrew Fletcher KC.

Claims involving banks, solicitors, broker and surveyors:

(1) Financial Markets

  • SKAT v Solo Capital Partners (2018-2022). £70m professional negligence claim arising out of £1.5 billion alleged fraud comprising claims against over 100 defendants. Issues relating to legal validity of complex dividend arbitrage scheme involving trading of shares in Danish companies. Acted for FCA regulated entity (ED&F Man Capital Markets Limited) providing custodian and brokerage services to United States pension plans. Claim alleged ED&F Man made negligent misrepresentations as to content of Tax Vouchers submitted to Danish tax authority. ED&F Man only defendant successfully to establish SKAT’s claim inadmissible by operation of Dicey Rule 3 (“the revenue rule”): [2022] EWCA Civ 234. Represented ED&F Man at numerous hearings before Designated Judge (Andrew Baker J) including July 2020 (CMC) ([2020] EWHC 2022 (Comm)) and May 2021 indemnity costs hearing ([2021] EWHC 1222 (Comm)). Subsequent fraud claim. Instructed by Rosenblatt with Ali Malek KC and Matthew Hardwick KC.
  • Sun Capital v Hammonds (2013-2015). £20m damages claim by private equity investment fund against solicitors arising out of allegedly negligent advice as to level of fine likely to be levied by EC for participation in cartel in breach of competition law. 2 week Commercial Court trial in March 2015 before Phillips J settled after evidence. Instructed by Herbert Smith Freehills with Cyril Kinsky QC.
  • RPL v McCarthy Tétrault (2011 – 2014). £60m damages claim in respect of alleged negligence of solicitors and NOMAD in relation to due diligence and verification conducted for purposes of company’s listing on AIM. 4 week trial in Chancery Division in November 2014. Instructed by Hewlett Swanson with Andrew Sutcliffe KC.
  • Trident Trust Company v Anglo American Credit Union (2008/09). UK and US proceedings alleging misfeasance in relation to the administration of an investment scheme. Represented (allegedly negligent) trustee of investment scheme at examination pursuant to US Letters of Request. Instructed by Irwin Mitchell with Andrew Onslow KC.

(2) Financial Misselling

  • Bywaters (Leyton) Ltd v Nat West (2020/21). Issues relating to (1) alleged failure to disclose CLU/break costs (2) misrepresentation and (3) bank’s liability (post-PAG) in relation to GRG. Instructed by Seddons.
  • Panagopoulos v Lloyds TSB (2013/14). Commercial Court claim by London property developer arising out of £23m break cost liability (1) alleging (a) advisory relationship and (b) negligent misstatement in relation to multi-callable swap and (2) seeking consequential losses in relation to missed property developments. Instructed by BDB with Ali Malek KC and Sophie Mallinckrodt.
  • Freehold Estates Ltd v RBS (2012 – 2016). Multi-million pound claim in Commercial Court relating to mis-sale of six interest rate swaps in 2007 alleging (1) negligent misstatement and (2) misrepresentation. Settled shortly before 8 day trial fixed for November 2015. Successful £1m claim for basic redress in FCA review in relation to (other) time-barred swaps. Instructed by Day Sparkes.
  • Valedown Ltd v Bank of Scotland (2013 – 2015). Multi-million pound Commercial Court claim relating to mis-sale of interest rate swap in May 2008. Settled after mediation, following first CMC. Instructed by Day Sparkes.

(3) Solicitor Negligence

  • Two Individuals v Firm of Solicitors (2023/24). Claim to recover £1m in damages from claimant’s solicitors (representing house purchase monies paid over to fraudster who hacked customer email account and intercepted and doctored email from customer’s solicitors containing payee account details). Instructed by Meridian Private Client LLP.
  • Woodhead v Archer (since 2022). Claim based on failure to advise at time of April 2007 London property sale about defective lease provisions relating to tenant’s liability for estate management charge. Unsuccessful summary judgment application to dismiss claim on grounds time-barred following expiry of 15 year longstop under section 14A of Limitation Act 1980. Issue as to whether standstill agreement binding on defendant not named as party to it. 1 day hearing in April 2024. Instructed by Seddons.
  • FMNL v JB Leitch (since 2020). £2m claim against solicitor firm and its predecessor practice for failing to issue proceedings in time against claimant’s former solicitors in respect of failure to advise on lack of recharge provision in lease. Contested interlocutory hearing in June 2023 as to whether D2 should be restored to register with direction pursuant to CA 2006 s 1032 to protect limitation position. Instructed by Seddons.
  • Two Individuals v Firm of Solicitors (2022/23). £2m claim against conveyancing solicitors for failing to spot absence of unenforceable “non-compete” covenant Quantum issues as to true value of business with and without neighbouring competitor business and application of SAAMCO cap. Instructed by Seddons.
  • Varden Street Ltd v Chopra (2019/20): £3m claim/counterclaim arising out of alleged negligence of solicitors and barrister in conduct of mediation and drafting of Settlement Deed. Instructed by Seddons.
  • Dartmouth v Payne Hicks Beach (2014). Claim relating to allegedly negligent advice as to the level of financial and capital provision to be made under Schedule 1 of the Children Act 1989. Instructed by Irwin Mitchell.
  • Egan v Pannone (2013/14). Claim by husband and wife for substantial damages arising out of alleged negligence in conduct of conveyancing transaction relating to purchase of property in France. Issues relating to scope of retainer in respect of matters of French law. Instructed by Pannone.
  • Child v Lamb Brooks (2011/12). Claim by individual landowner for consequential losses (lost profit) arising out of solicitors’ failure to advise in respect of unusual clause in lease. Instructed by Follett Stock.
  • Legal v Ross Solmon (2009/10). Multi-party claim for damages for breach of solicitor’s undertaking. Instructed by DWF.

(4) Negligence of Other Professionals – Surveyors, Tax Advisers and Insurance Brokers

  • Salhan Accountants Ltd v Williams (2016/17). Counterclaim alleging (1) negligent misrepresentation and (2) undue influence in relation to defendant’s engagement of claimant accountancy firm in response to claim for fees for VAT advice/success fee. Instructed by Seddons.
  • Lexi Holdings v Surveyor (2010). Defending claim against surveyor alleging negligent valuation in context of widespread fraud. Defence relied on ex turpi causa doctrine. Instructed by CMS Cameron McKenna with Peter Ratcliffe.
  • Company v Broker (2009). Claim against insurance broker for breaches of duty owed pre-placement, post-placement and on renewal. Instructed by Denton Wilde Sapte.
  • Pryce v McCartneys (2008/09). Claim against estate agent for misdescription of land in Particulars of Sale in order to recover expenses incurred in connection with prior proceedings. Instructed by Emrys Jones.

Litigation and advice on company law, shareholder disputes and partnership issues:

  • Section 994 Unfair Prejudice Petitions under CA 2006 section 994
  • SPA Disputes
  • Breach of Directors’ Duties
  • Other CA 2006 Claims
  • Interim Injunctive Relief

(1) Section 994 Unfair Prejudice Petitions

Extensive experience of numerous aspects of s994 petitions (including applications for urgent interim injunctive relief):

  • Re Hut Group Ltd (since 2018). Section 994 unfair prejudice petition alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares for purposes of diluting/disadvantaging interests of substantial minority shareholder. Strike out application in relation to allegations of fraud/bad faith on grounds improperly pleaded – first instance ([2020] EWHC 5 (Ch)) and appeal ([2021] EWCA Civ 904). Partially successful amendment application ([2023] EWHC 65 (Ch)) overturned on appeal on ground statutory period of limitation applies to s994 petition ([2024] EWCA Civ 158). Permission granted by Supreme Court to appeal limitation decision (May 2024). Instructed by DWF with Paul Chaisty KC and Andrew Thompson KC.
  • Jellinek v Casa Argentina Ltd (2024). Interim injunctive relief in support of section 994 petition to restrain share issue resulting in dilution of minority shareholder’s shareholding in company specialising in importation of Argentinian into UK. Hearings before Adam Johnson J and Mellor J in April 2024 (12 April 2024, unreported). Speedy trial ordered to resolve unfair prejudice complaints. Instructed by Winston & Strawn London LLP.
  • Re A Company (2017/18). Section 994 unfair prejudice petition alleging mismanagement of care home business by majority shareholder/director in breach of (1) shareholder agreement and (2) directors’ duties. Instructed by Seddons.

(2) SPA Disputes

Experience of shareholder disputes under SPAs (other than breach of warranty claims):

  • Holding Company v Sellers (2020). Claim seeking release of Escrow Payment under terms of 2019 SPA having regard to (1) existence and (2) quantum of claims. Instructed by Slatefords.
  • Property Trust v Individual (2019/20). Claiming seeking release of Deferred Consideration under terms of 2017 SPA having regard to (1) existence and (2) quantum of claims. Instructed by Wallace LLP.
  • Zedra Trust Company (Jersey) Limited v The Hut Group Ltd (2018/19). Part 8 claim successfully seeking production of expert report pursuant to (1) implied term of SPA and/or (2) in accordance with agency principles: [2019] EWHC 2191 (Comm). Instructed by DWF with Andrew Onslow KC.

(3) Breach of Director Duties

Claims alleging breaches of directors’ duties in this jurisdiction and offshore:

  • Re Hut Group Ltd (since 2018). Section 994 unfair prejudice petition alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares for purposes of diluting/disadvantaging interests of substantial minority shareholder. Strike out application in relation to allegations of fraud/bad faith on grounds improperly pleaded – first instance ([2020] EWHC 5 (Ch)) and appeal ([2021] EWCA Civ 904). Successful amendment application ([2023] EWHC 65(Ch)) overturned on appeal on ground statutory period of limitation applies to s994 petition ([2024] EWCA Civ 158). Permission granted by Supreme Court to appeal limitation decision (May 2024). Instructed by DWF with Paul Chaisty KC and Andrew Thompson KC.
  • Global Cord Blood Corp (2022/23). Interim injunctive relief sought by Cayman-based parent company in relation to potential causes of action in fraud (breach of fiduciary duty, dishonest assistance, conspiracy) to recover c. £1 billion misappropriated by shadow director from subsidiary trading from PRC and Hong Kong. Complex jurisdictional questions relating to where to bring claim involving questions of Cayman, Hong Kong and PRC law. Instructed by Mourant with Ewan McQuater KC.
  • TMO v Yeo (2016-2022). £38m claim alleging breaches of duty by directors (improper purpose; bad faith) in relation to fundraising secured by directors in order to manipulate voting at key EGM in October 2013. 4 week trial before Joanna Smith J in March 2021: [2021] EWHC 2033 (Ch) and [2021] EWHC 2773 (Ch) (Costs). Pre-trial dispute about privileged status of expert valuation report: EWHC 789 (Ch). Successfully resisted D4’s costs appeal on grounds defence dishonestly conducted: [2022] EWCA Civ 1409. Instructed by Hewlett Swanson with Andrew Sutcliffe KC.
  • Altecnic v Benettolo (2016-2018). Commercial Court claim for equitable compensation arising out of director’s alleged misappropriation of corporate opportunities in plumbing industry in breach of statutory duty. Instructed by Weil, Gotshal & Manges.
  • Frisco (UK) Sales Ltd v Wallis (2011/12). Breach of fiduciary duty claim against managing director for alleged dishonest misappropriation of architectural hardware goods owned and distributed by company. Instructed by Seddons.
  • Caring Together Limited (In Liquidation) v Bauso (2007/08). Breach of fiduciary duty and conspiracy claims by joint liquidators of company against former directors alleged to have misappropriated company funds from “payroll giving” fundraising model. Instructed by HFW with Stephen Phillips QC.

(4) Other CA 2006 Relief – Restoration; Share Issues; General Meetings; Register Inspection

  • FMNL v JB Leitch (since 2020). £2m claim against solicitor firm and its predecessor practice for failing to issue proceedings in time against claimant’s former solicitors in respect of failure to advise on lack of recharge provision in lease. Contested interlocutory hearing in June 2023 as to whether D2 should be restored to register with direction pursuant to CA 2006 s 1032 to protect limitation position. Instructed by Seddons.
  • Re a Company (2022/23). Claims relating to unauthorised issue of redeemable shares. Application of CA 2006 ss40, 182, 281-283; Duomatic principle; directors’ power to determine terms, conditions and manner of share redemption (CA 2006 ss685-687). Instructed by JMW.
  • Velocity Composites plc v Bridges (2019). Interim injunction application to restrain shareholder group from exercising voting rights against reappointment of existing board members of board of directors at AGM: [2019] EWHC 907 (Ch). Issues relating to true construction of shareholders’ agreement. Instructed by DWF.
  • The Hut Group v Zedra Trust Company (Jersey) Limited (2017). Defending CA 2006 s117 application for order permitting company not to comply with request from shareholder to inspect register of members. Issue relating to relevance of “purpose” of member in seeking to inspect register. Instructed by DWF.
  • Smith v Butler (2011). CA 2006 s306 application by company chairman and majority shareholder for order that general meeting take place with quorum of one: [2011] EWHC 2301 (Ch). Issues relating to implied authority of managing director to suspend employees. Instructed by Berg Legal.

(5) Partnership

  • Re Hong Kong Law Partnership (2023/24). Advice on legality of proposed implementation of bonus scheme for international law practice with partners based in Hong Kong. Issues relating to implication of “Braganza” duty to control exercise of discretion. Instructed by Hong Kong partners with Richard Salter KC.
  • Executors of Estate v Beneficiary (2018). Claim based on construction of partnership agreement against terms of 1890 Partnership Act. Instructed by Pannone.

George’s reported cases are:

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George is a modern languages graduate who speaks Spanish to a high standard.

  • Legal 500 Bar Awards 2023: Commercial Litigation Set of the Year
  • The British Legal Awards 2022 Winner
  • L500-uk-top-tier-set-2024
  • Legal 500 Asia Pacific 2024: Top Tier Set
  • Chambers UK Bar 2024: Top Ranked
  • Advocate: Pro Bono Patron - Gold Circle 2024
  • Top Ranked Chambers Global 2022
Winner: UK Bar Awards 2023
The Lawyer Awards 2022: Chambers of the Year