Gregory Mitchell KC

Gregory Mitchell KC

Call: 1979 | Silk: 1997

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Practice Overview

Gregory suffered serious illness in March 2015 from which he is making a good recovery. He has continued in practice notwithstanding illness and has acted in substantial claims against well known banks in respect of swaps misselling and also in respect of a fraudulent banker’s reference. Gregory represented the successful defendant in December 2016 in Actial Farmaceutica LDA -v- Professor Claudio de Simone

Gregory Mitchell specialises in commercial litigation, arbitration and advisory work. He has been instructed in substantial domestic and international disputes by a wide range of clients including banks, insurance companies, property companies, insolvency practitioners, foreign lawyers, private individuals, foreign states and Her Majesty's Revenue and Customs. He has acted in numerous cases from commencement to trial, on appeal, and has been involved as Counsel in many mediations and arbitrations.

Gregory gave evidence on the law in January 2013 to the Parliamentary Commission on Banking Standards on the proposals to reform banking law.  Appointed a Recorder in 2000 and a Bencher of Gray's Inn in 2005, Gregory was the former chairman of the London Common Law and Commercial Bar Association from 2015-2016.

Royal Bank of Scotland v Thomas Hicks, George Gillett & Others [2012] EWHC 2699 Ch acting for Mr Hicks and Mr Gillett in a dispute with RBS concerning the sale of Liverpool Football Club in October 2010 and the terms of a corporate governance agreement.

Sir Martin Broughton v Thomas Hicks, George Gillett & Others [2012] EWHC 2699 Ch acting for Mr Hicks and Mr Gillett in a dispute with Sir Martin Broughton and other directors/former directors of Liverpool Football Club concerning the sale of the club in October 2010 and a corporate governance agreement.

British Arab Commercial Bank & Others v Ahmad Hamad Algosaibi & Brothers Company & Others (June/July 2011) – instructed by BACB in claims arising under a guarantee against AHAB partners/shareholders in Saudi Arabia. Defences of fraud and forgery raised to the guarantee claims. AHAB’s defence was that it was exposed to claims by 118 banks internationally with a total value of US $ 9 Billion as a result of the alleged fraud of Mr Maan Al Sanea one of the partners/shareholders raising questions of authority and vicarious liability. Alternative claims made by BACB in deceit and in restitution on the basis that AHAB was primarily liable for the conduct of Mr Al Sanea. Case listed for eight week trial but AHAB abandoned their defence after the openings and consented to judgment and indemnity costs. Click here for related press coverage

State of Libya v Capitana Seas Ltd – on 9th March 2012 obtained judgment under CPR 12.4 in the Commercial Court for the State of Libya that the Defendant a British Virgin Islands company do convey a £10M property in Hampstead to the State of Libya on the basis that the property is beneficially held for Saadi Quadhafi and that the proceeds of sale had been illegally diverted from Libyan state funds.

Erlson Precision Holdings Ltd v Hampson Industries PLC [2011] EWHC 1137 (Comm) – acted for the successful claimant in obtaining an order for recission of a share sale agreement on the ground that the Chief Executive Officer of Hampson Industries PLC had committed fraud by deliberately suppressing material information concerning the exit of the company’s second most important customer.

Click here for related press coverage

State of Libya v Capitana Seas Ltd – on 9th March 2012 obtained judgment under CPR 12.4 in the Commercial Court for the State of Libya that the Defendant a British Virgin Islands company do convey a £10M property in Hampstead to the State of Libya on the basis that the property is beneficially held for Saadi Quadhafi and that the proceeds of sale had been illegally diverted from Libyan state funds.

Erlson Precision Holdings Ltd v Hampson Industries PLC [2011] EWHC 1137 (Comm) – acted for the successful claimant in obtaining an order for recission of a share sale agreement on the ground that the Chief Executive Officer of Hampson Industries PLC had committed fraud by deliberately suppressing material information concerning the exit of the company’s second most important customer.

Click here for related press coverage

Ram Media Ltd (In Administration) v Ministry of Culture of the Hellenic Republic (2009) – devised a strategy of enforcing an English judgment against coupons payable by the Greek Government to note holders from its account with Deutsche Bank London, and acted for the claimant on obtaining interim and final orders under CPR 72.

HMRC v The Football League and the Football Association Premier League [2012] EWHC 1372 (Ch) acting for HMRC in a claim that the rules of the Football League are void and against public policy in so far as they apply the football creditors rule under which so called football creditors receive payment in full on the insolvency of a football club whilst ordinary creditors receive a modest dividend.

HMRC v Football Association Premier League (March 2011) – made submissions to the Supreme Court on the football creditor rule and the anti deprivation principle in the context of an appeal in Lehman Brothers v Belmont [2009] EWCA Civ 1160.

HMRC v Portsmouth City Football Club [2010] EWHC 2013 – acted for HMRC in challenge to a CVA on the grounds of unfair prejudice and material irregularity in relation to Portsmouth Football Club.

HMRC v Portsmouth City Football Club Ltd [2010] EWHC 75 – acted for HMRC on company’s application to strike out winding up petition and thereafter on winding up proceedings and administration.

Haugesund & Narvik v Depfa Bank & Wikborg Rein & Co. [2009] EWHC 2227 (Comm). Acting for foreign law firm in relation to a claim that Swaps made under ISDA Master Agreements are void. The case raises difficult issues as above and also questions of causation of loss and remoteness.

Qayoumi v Southall & Co [2005]. Acted for the Claimant in a claim against solicitors for having paid away monies without authority in reliance on the apparent authority of the managing director.

OBG Ltd. v Allan & Stevenson, Douglas v Hello, Mainstream Properties v Young [2007] UKHL 21 [2007] 2 WLR 920. Acted for the invalidly appointed Administrative Receivers in the first of three appeals on economic tort. The Lords have laid down important guidelines on the torts of inducing breach of contract, and causing loss by unlawful means. The Lords rejected by a majority an extension of the tort of conversion to intangible property in a watershed decision.

Haugesund & Narvik v Depfa Bank & Wikborg Rein & Co. [2011] EWCA Civ 33. Acted for foreign law firm on question whether a bank that has lent on the basis of a negligent opinion as to the capacity of the borrower to make the transaction is entitled to claim in damages the full amount lent from the lawyer notwithstanding that the bank is entitled to a claim in restitution against the borrower for the monies lent. The Court of Appeal held that the loss claimed was not within the scope of the duty of the law firm applying the decision in SAAMCO.

Royal Bank of Scotland v Thomas Hicks, George Gillett & Others [2012] EWHC 2699 Ch acting for Mr Hicks and Mr Gillett in a dispute with RBS concerning the sale of Liverpool Football Club in October 2010 and the terms of a corporate governance agreement.

Sir Martin Broughton v Thomas Hicks, George Gillett & Others [2012] EWHC 2699 Ch acting for Mr Hicks and Mr Gillett in a dispute with Sir Martin Broughton and other directors/former directors of Liverpool Football Club concerning the sale of the club in October 2010 and a corporate governance agreement.

British Arab Commercial Bank & Others v Ahmad Hamad Algosaibi & Brothers Company & Others (June/July 2011) – instructed by BACB in claims arising under a guarantee against AHAB partners/shareholders in Saudi Arabia. Defences of fraud and forgery raised to the guarantee claims. AHAB’s defence was that it was exposed to claims by 118 banks internationally with a total value of US $ 9 Billion as a result of the alleged fraud of Mr Maan Al Sanea one of the partners/shareholders raising questions of authority and vicarious liability. Alternative claims made by BACB in deceit and in restitution on the basis that AHAB was primarily liable for the conduct of Mr Al Sanea. Case listed for eight week trial but AHAB abandoned their defence after the openings and consented to judgment and indemnity costs. Click here for related press coverage

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