Michael Lazarus

Cases include:

• Ross v Misra (2017). Trusts, contract. Represented the defendant to a claim for a share in the proceeds of an AIM flotation on the basis of an alleged trust created informally three years previously, alternatively for a 10% share under an alleged contract. Alternative claim dismissed following an application for summary judgment.
• Otkritie Capital International Ltd v. Threadneedle Management Services [2015] EWHC 2329 and [2017] EWCA Civ 274. Represented the defendant asset management company applying to strike out a US$100 million claim as an abuse of the process of the court.
• BMIC Ltd v. Sivasankaran [2014] EWHC 1880 (Comm).  Represented the claimant seeking to recover US$185 million under a settlement agreement following the abandonment of a joint venture in the Indian telecoms market.
• Greenwood v. Royal Bank of Scotland Group Plc [2014] EWHC 227 (Ch). In the RBS rights issue group litigation, represented over 3,000 retail shareholders to obtain an order that their costs liability should be proportionate to the amounts they stood to gain in the litigation. 
• Merchant International Company v. Natsionalna Aktsionerna Kompania Naftogaz 28.01.11 QB Comm Ct. Conflicts of laws, enforcement. Represented the claimant resisting defendant’s challenge to jurisdiction of the English court to enforce a Ukrainian judgment where enforcement in Ukraine was subject to a statutory suspension. Subsequently representing the claimant seeking to enforce the judgment by obtaining Third Party Debt Orders [2014] EWCA Civ 1603, on an application for the appointment of a Receiver [2015] EWHC 1930 (Comm), on an application for an order requiring the defendant to give security for the sum claimed [2016] EWCA Civ 710 and an application for directions in the receivership (03.05.17).
• RFS Capital v. Md7 (Europe) Ltd 18.02.10 QBD. Costs. Represented the beneficial owner of claimant companies resisting the defendant’s application to make him personally liable for the costs of a failed slander action. 
• Accident Exchange v. Autofocus Ltd [2009] EWCH 3304 QB. Witnesses; immunity from suit. Represented the defendant seeking to strike out a claim in conspiracy based on allegedly false evidence produced by car hire rates surveyors in numerous road traffic claims.
• HLB Kidsons (a firm) v. Lloyd’s Underwriters [2008] EWHC 2415 (Comm). Partnership; liability of former partners. Represented former partners in a firm resisting liability for the costs of proceedings brought by continuing partners after their retirement in relation to events occurring before retirement.
• Signet Partners Ltd v. Signet Research & Advisory SA [2007] EWHC 1263. Hedge funds; agency. Represented the defendant resisting a claim by a former marketing representative to recover commissions on investments in hedge funds.
• Islamic Republic of Iran v. Berend [2007] 2 All ER Comm 132. Conflicts of laws; title to property. Represented the claimant seeking to recover a fragment of wall frieze from the archaeological site at Persepolis that was removed from Iran during the 1930s and purchased by the defendant in New York in 1974 and thereafter retained by her in France until she consigned it to London for sale.
• NBH v. Hoare and others [2006] 2 BCLC 649. Fraud; company law. Represented the claimant companies seeking to recover sums from former management.
• Murray v. Leisureplay Plc [2004] EWHC 1927 and on appeal [2005] IRLR 946. Employment; penalty clauses. Represented the defendant resisting a claim for compensation on loss of office.
• MCI WorldCom v. Primus Telecommunications [2004] 1 All ER (Comm) 138 (and on appeal [2004] 2 All ER (Comm) 833. Telecoms; misrepresentation. Represented the claimant seeking to recover charges in the face of allegations that the underlying contract was procured by misrepresentation. 
• Readers Digest Children’s Publishing v Premier Books Ltd (2002) Sale of goods. Represented the defendant resisting a claim for the cost of children’s books. The dispute was as to the charging basis, per book or per set.
• Killick and Anor v. Pricewaterhousecoopers [2001] PNLR 1; [2001] 1 BCLC 65. Represented the claimant seeking damages for negligence against a valuer appointed under compulsory purchase provisions of Articles of Association.
• Bim Kemi AB v. Blackburn Chemicals Limited [2001] 2 Lloyd’s Rep 93. Set off. Represented the claimant in a dispute about whether cross claims against separate but linked agreements could be set off against each other.
• Satnam Investments Ltd. v. Dunlop Heywood & Co [1999] 3 All ER 653. Breach of fiduciary duty; constructive trusts. Represented the claimant in claims against property agents and their client for damages and declarations in relation to the exploitation of an opportunity obtained by the agents in the course of their agency.
• The Technology Partnership Plc v. Afro-Asian Satellite Technology (UK) Ltd (1998) Guarantees. Represented the defendant to a claim under a guarantee where the claim turned on whether there was a sufficient memorandum of the guarantee for the purpose of s.4 of the Statute of Frauds 1677.

Michael has recently advised or acted on IT cases relating to payment processing software, EPOS implementation, defective internet routers, fraudulent expropriation of bitcoins, web portal design/agile design, crowdsourcing and video upload software.  He frequently operates major mobile telecoms and data service providers on contractual issues with resellers and corporate customers.

Cases include:

• Reliance Globalcom Ltd v. O.T.E. International Solutions SA [2011] EWHC 1848 (QB). Telecoms; conflicts of laws. Represented defendant resisting jurisdiction of the English court on the basis that the case was not within EU Regulation No. 44/2001 because services were not provided within the jurisdiction.
• Various domestic and international IT/Telecoms arbitrations including disputes concerning a major UK public sector implementation; the provision of a telecommunications system in a middle eastern country; regulatory issues between a foreign telecoms regulator and a network operator; licensing of industrial process software.
• Verizon (UK) Ltd. v. Swiftnet Ltd [2008] EWHC 551 (Comm). Telecoms; breach of contract. Represented the claimant seeking to recover wholesale charges from defendant operator who alleged oral variations to standard rates agreements.
• Fujitsu Services Ltd. v. Electronic Data Systems Ltd [2008] EWHC 211 (Comm). IT; software licensing. Represented the Defendant resisting claim to recover licence charges for operating system software deployed on business recovery systems at the same rates as for production systems.
• Tayeb v. HSBC Bank Plc [2004] 4 All ER 1024. Banking; electronic payments. Represented the Claimant seeking to recover funds transferred to his bank account by CHAPS but wrongfully withheld by the bank due to suspicions as to the propriety of the payment.
• MCI WorldCom v. Primus Telecommunications [2004] 1 All ER (Comm) 138 (and on appeal [2004] 2 All ER (Comm) 833 Telecoms; misrepresentation. Represented the Claimant seeking to recover charges in the face of allegations that the underlying contract was procured by misrepresentation.
• BCT Software Solutions v. Arnold Laver [2002] 2 All ER (Comm) 85. IT; software licensing. Represented the Defendant resisting claim for software licence fees.

Cases include:

• Ross v Misra (2017). Trusts, contract. Represented the defendant to a claim for a share in the proceeds of an AIM flotation on the basis of an alleged trust created three years previously as a result of the defendant’s alleged fraud, alternatively for a 10% share under an alleged contract. Alternative claim dismissed following an application for summary judgment.
• Otkritie Capital International Ltd v. Threadneedle Management Services [2015] EWHC 2329 and [2017] EWCA Civ 274. Represented the defendant asset management company applying to strike out a US$100 million claim by the claimant banking group based on vicarious liability for the deceit of a former employee as an abuse of the process of the court.
• Tablet Investments (Guernsey) Ltd v. Brahma Finance (BVI) LTL 17/10/2016; LTL 21/6/2017. Tort; conspiracy; malicious falsehood; breach of confidence; summary judgment; third party costs orders. Represented defendants to claims based on alleged lawful means conspiracy and other tortious conduct relating to loan agreements; claimant ordered to pay the amount counterclaimed into court and when it failed to do so and the claim was dismissed, the defendants obtained a third party costs order against the claimant’s parent company.
• VTB Capital Plc. v. Nutritek International and others [2013] UKSC 5. Fraud; company law; conflicts of laws. represented the second defendant in the Chancery Division, Court of Appeal and Supreme Court, the only advocate in the case to argue the main issues at all three levels, contending that the High Court had no jurisdiction over the claimant’s claim for damages in deceit and that jurisdiction cannot be established by extending the doctrine of piercing the corporate veil so as to make a company’s controllers liable on its contracts.
• Various claims on behalf of mortgage lenders against allegedly fraudulent or negligent solicitors, valuers and architects.
• Claim on behalf of a corporate customer against a high street bank where the bank alleged that the improper transfers had been affirmed by proceedings against the fraudster.
• Uzinterimpex JSC v. Standard Bank Plc [2007] 2 Lloyd’s Rep 187. Banking; fraud. Represented the defendant resisting a claim to recover the sums paid under a demand guarantee on the ground that the demand was fraudulent. Further claims in contract, restitution and conversion.
• Accident Exchange v. Autofocus Ltd [2009] EWCH 3304 QB. Witnesses; immunity from suit. Represented the defendant seeking to strike out a claim in conspiracy based on allegedly false evidence produced by car hire rates surveyors in numerous road traffic claims.
• NBH v. Hoare and others [2006] 2 BCLC 649. Fraud; company law. Represented the claimant companies seeking to recover sums from former management.

Cases include:

• Tablet Investments (Guernsey) Ltd v. Brahma Finance (BVI) LTL 17/10/2016; LTL 21/6/2017. Tort; conspiracy; malicious falsehood; breach of confidence; summary judgment; third party costs orders. Represented defendants to claims based on alleged lawful means conspiracy and other tortious conduct relating to loan agreements; claimant ordered to pay the amount counterclaimed into court and when it failed to do so and the claim was dismissed, the defendants obtained a third party costs order against the claimant’s parent company.
• Otkritie Capital International Ltd v. Threadneedle Management Services [2015] EWHC 2329 and [2017] EWCA Civ 274. Represented the defendant asset management company applying to strike out a US$100 million claim by the claimant banking group based on vicarious liability for the deceit of a former employee as an abuse of the process of the court.
• Greenwood v. Royal Bank of Scotland Group Plc [2014] EWHC 227 (Ch). In the RBS rights issue group litigation, represented over 3,000 retail shareholders to obtain an order that their costs liability should be proportionate to the amounts they stood to gain in the litigation.
• VTB Capital Plc. v. Nutritek International and others [2013] UKSC 5. Fraud; company law; conflicts of laws. represented the second defendant in the Chancery Division, Court of Appeal and Supreme Court, the only advocate in the case to argue the main issues at all three levels, contending that the High Court had no jurisdiction over the claimant’s claim for damages in deceit and that jurisdiction cannot be established by extending the doctrine of piercing the corporate veil so as to make a company’s controllers liable on its contracts.
• Various claims on behalf of mortgage lenders against allegedly fraudulent or negligent solicitors, valuers and architects.
• Claim on behalf of a corporate customer against a high street bank where the bank alleged that the improper transfers had been affirmed by proceedings against the fraudster.
• Uzinterimpex JSC v. Standard Bank Plc [2007] 2 Lloyd’s Rep 187. Banking; fraud. Represented the defendant resisting a claim to recover the sums paid under a demand guarantee on the ground that the demand was fraudulent. Further claims in contract, restitution and conversion.
• Autobiography Ltd v. Byrne [2005] EWHC 213 (Ch). Banking; cheques. Represented the claimant seeking to recover on cheques drawn and then countermanded by the defendants who argued that there was no consideration for the cheques.
• Tayeb v. HSBC Bank Plc [2004] 4 All ER 1024. Banking; electronic payments. Represented the claimant seeking to recover funds transferred to his bank account by CHAPS but wrongfully withheld by the bank due to suspicions as to the propriety of the payment.
• Coutts & Co v. Stock [2000] 1 WLR 906. Banking; insolvency. Represented the claimant in a claim against the guarantor of the customer’s overdraft where the guarantor contended that the debits made to the company’s account were invalidated by s.127 of the Insolvency Act 1986.

Chambers & Partners 2018, Chambers Global 2018 and Legal 500 2018 include the following about Michael:

“A mild-mannered genius. He untangles complex problems with ease, and is a clear and effective advocate.”

“Michael is very approachable and a great pleasure to work with. He’s sharp of mind and can identify complex issues extremely quickly.” 

“He’s user-friendly and cerebral without being difficult to understand.”

“He has a very sharp mind and can identify the most complex issues extremely quickly.”

“Michael has an extraordinary precision of thought which he applies to the facts and his legal analysis. He also has the rare ability to relay that in clear terms to client.” 

“Leading junior at the IT Bar with a peerless reputation for both his courtroom advocacy and his deep technical understanding of the issues at hand. He is an expert on the technology aspects of the sale and purchase of business assets, and is also highly adept at banking and finance, fraud and professional negligence cases.”

“Impresses with his work on commercial contractual issues in the telecoms space. He brings an impressive knowledge of IT, banking and finance and fraud law to bear when working for major mobile operators.”

 “Extremely intelligent, very meticulous and never fazed by any situations thrown at him.” “With him you get a silk’s mind at junior prices.” 

“Brings vast experience and perspective to large-scale cases.”

“Extremely creative; a go-to senior junior for civil litigation and fraud matters.”

“He is insightful and cuts through the fog of fraudsters’ arguments to get to the truth.”

“A fantastic intellect with a tremendous work ethic.”

• Spanish (working knowledge)