April 2013: Instructed on behalf of a Jersey company in a large-scale arbitration involving allegations of unfair prejudice under Article 141 of the Companies (Jersey) Law 1991. The arbitration involved the application of principles discussed by the Court of Appeal in Fulham Football Club (1987) Ltd v Richards  Ch 33.
Interactive Technology Corporation Ltd v Ferster  EWHC 393
Acted for Respondents on applications for freezing injunction and search and seizure order in a dispute concerning allegations that business had been diverted from the Claimant company.
Re Quiet Moments Ltd  EWHC 3806;  EWCA Civ 1536
Ben acted for the petitioner on an application to wind up a company on the just and equitable ground and claims by the petitioner to enforce compulsory transfer provisions contained in a shareholders’ agreement. The application was dismissed and a costs’ order made against the petitioner. Ben acted for the petitioner on a successful appeal to the Court of Appeal against the Judge’s refusal to order co-applicants to contribute to costs payable by the petitioner.
Petrodel Resources Ltd v Prest  2 WLR 557
Appeared with family Silk, Tim Amos QC, in the Court of Appeal and Supreme Court. This “landmark” case concerned the ability of the family courts to pierce the corporate veil of a company controlled by a party to a marriage for the purposes of satisfying an ancillary relief award.
Kleanthous v Paphitis  EWHC 2287
Appeared on behalf of three respondents at the hearing of an application brought by a minority shareholder in the Ryman Group to continue derivative proceedings against Theo Paphitis and others.
Royal Bank of Scotland plc v Hicks  EWHC 2568
Appeared on behalf of RBS on successful applications for injunctive relief against the former owners of Liverpool Football Club. As a result of these injunctions, the directors of the Club’s holding companies were able to sell the Club to the owners of the Boston Red Sox.
AMG Global Nominees (Private) Ltd v Africa Resources Ltd  1 BCLC 281 (CA);  1 BCLC 447 (Ch D)
Acted for the claimant/Part 20 defendant in a dispute concerning title to bearer share warrants. The legal issues included the question of whether an English parent company may give unlawful financial assistance by allowing its foreign subsidiary to give assistance.
Estafnous v London & Leeds Business Centres Ltd  EWHC 1308;  EWCA Civ 1157
Acted for the defendant, both at the first instance and in Court of Appeal, in the successful defence of a claim brought by an estate agent for a commission payment of £2 million. The issue in this case was whether an agreement which provided for the payment of commission on a sale of real property included an obligation to pay commission on a sale of shares in the company which owned the property.
Capcon Holdings plc v Edwards & Ors  EWHC 2662
Acted for the claimants in a contractual dispute concerning a share sale agreement. The case gave rise to complex issues concerning the scope of defences to a claim for rescission.