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Christopher Lloyd

Call: 2011

Christopher has a busy commercial chancery practice. He acts as sole counsel in a variety of matters in the High Court and County Courts in commercial litigation, civil fraud claims, insolvency proceedings and trust disputes. He has experience acting as a junior in large-scale civil fraud, unfair prejudice petitions and insolvency litigation both in England and in overseas jurisdictions.

His recent cases include:

  • Mezhdunarodniy Bank v Pugachev [2017] EWHC 2426 (Ch), (20) ITELR 905 a ‘trust busting’ claim in which the Bank succeeded in its case that discretionary trusts established by a former Russian oligarch were ‘illusory trusts’ or shams;
  • PJSC PrivatBank v Kolomoisky & ors, a US$1.9 billion fraud claim brought against the former shareholders of one of Ukraine’s largest privately owned banks (on-going);
  • Astor v Atalaya [2018] 1 All E.R. (Comm) 547, a US$48 million contract claim arising from the sale of a copper mine in Spain (appeal pending);
  • Vald. Nielsen v Baldorino, a claim brought by former shareholders in a company alleging fraudulent misrepresentation by the directors who were involved in a management buy-out (on-going);
  • Ardila Investments v ENRC [2015] 2 B.C.L.C. 560, a dispute concerning an iron ore mine in which the defendant alleged that licences for the mine had been obtained unlawfully;
  • Grant v Ralls [2016] B.C.C. 296, [2016] 1 W.L.R. 5190, a £1.2 million wrongful trading claim.

Exactly what a junior barrister should be, he's incredibly bright, an absolute delight, and a vital part of the team.

Chambers and Partners

Commercial Chancery & Civil Fraud

  • Civil fraud claims
  • Interim injunctions and freezing orders
  • Breach of fiduciary duties
  • Misrepresentation and mis-selling
  • Jurisdiction challenges and conflict of laws
  • Commercial disputes

Christopher’s commercial experience ranges from County Court trials to large-scale multi-jurisdictional litigation. He has significant experience in claims involving allegations of fraud as well as claims governed by foreign law. He has been instructed in mis-selling claims against banks as well as advising on professional negligence claims against IFAs. Christopher has experience obtaining a variety of interim orders associated with commercial litigation including ex parte freezing injunctions, orders in aid of foreign proceedings, and disclosure orders.

Recent experience includes:

  • PJSC PrivatBank v Kolomoisky & ors, a US$1.9 billion fraud claim against former shareholders of one of Ukraine’s largest privately owned banks. Judgment on the defendants’ applications challenging jurisdiction and seeking to set aside the worldwide freezing order is pending.
  • Mezhdunarodniy Bank v Pugachev [2017] EWHC 2426 (Ch), (20) ITELR 905 a ‘trust busting’ claim in which the Bank succeeded in its case that discretionary trusts established by a former Russian oligarch were ‘illusory trusts’ or shams.
  • Astor v Atalaya [2018] 1 All E.R. (Comm) 547, a US$48 million contract claim arising from the sale of a copper mine in Spain (appeal pending).
  • Vald. Nielsen v Baldorino [2017] EWHC 1033 (Comm), a claim brought by former shareholders in a company alleging fraudulent misrepresentation by the directors who were involved in a management buy-out (trial listed for March 2018).
  • Ardila Investments v ENRC [2015] 2 B.C.L.C. 560, a dispute concerning an iron ore mine in which the defendant alleged that licences for the mine had been obtained unlawfully.
  • Grant v Ralls [2016] B.C.C. 296, [2016] 1 W.L.R. 5190, a £1.2 million wrongful trading claim.
  • A claim brought in the BVI under Saudi Arabian law to the ownership of a 50% interest in a Middle Eastern oil lubricants company (2012 – 2014, BVI High Court).
  • China Metals v Chun (2017), injunctive proceedings to freeze assets in the hands of third parties under the Chabra jurisdiction pursuant to section 25 Civil Judgment and Jurisdiction Act 1982 in support of proceedings in Hong Kong.

Restructuring & Insolvency

  • Misfeasance claims
  • Antecedent transactions
  • Claims against office holders
  • Contested winding up and bankruptcy petitions
  • Administration, liquidation and bankruptcy proceedings

Christopher has particular experience in relation to claims brought by office holders against directors and others. He advises regularly on claims for wrongful trading, preferences, undervalue transactions, illegal dividends and breaches of duty / misfeasance. He has advised in respect of the rights and liabilities of guarantors, landlords and secured creditors.

Christopher appears regularly in the High Court and County Court in both bankruptcy and corporate insolvency proceedings. Recent instructions include:

  • Grant v Ralls [2016] BCC 296, a £1.2 million claim for wrongful trading, which was dismissed by the Judge on the basis that the alleged loss claimed by the liquidators had not been caused by the conduct of the directors (with Christopher Boardman).
  • Mezdhunarodniy Bank v Pugachev [2017] EWHC 2424 (Ch), successful claims under section 423 of the Insolvency Act 1986 (with Stephen Smith QC and Tim Akkouh).
  • Mawer v Moore [2018], claims by a husband’s trustee in bankruptcy to set aside an ancillary relief order on the grounds that the husband fraudulently failed to disclose his liabilities to the family court (with Raquel Agnello QC).
  • Advising in relation to the implementation and interpretation of CVAs and IVAs.
  • Claims to recover assets dissipated by a company’s director in advance of its liquidation, including claims under section 423, breaches of duty and the payment of dividends contrary to Part 23 of the Companies Act.
  • Applications for injunctions to restrain presentation of winding up petitions.
  • Bankruptcy applications, including applications for sale and possession (and ancillary injunctive relief), applications for annulment (and rescission of an annulment order by a creditor following the bankrupt’s failure to comply with the Insolvency Rules) and applications to set aside statutory demands.

Christopher also has experience advising on professional negligence matters arising from insolvency proceedings.

Trusts & Estates

  • Breach of trust claims
  • Constructive and resulting trusts
  • Tracing and asset recovery
  • Removal of trustees
  • Injunctions against trustees

Christopher has been instructed in a variety of trusts disputes, in England and commonwealth jurisdictions, including breach of trust claims and applications to remove trustees. He also has experience advising on the trust law elements of commercial disputes, particularly on constructive and resulting trusts, following and tracing, and other equitable remedies. His recent experience includes:

  • Mezdhunarodniy Bank v Pugachev [2017] EWHC 2426 (Ch), (20) ITELR 905 in which the Bank successfully proved that purported discretionary trusts established by Mr Pugachev were ‘illusory trusts’ or shams or should otherwise be set aside under section 423 of the Insolvency Act.
  • Advising in relation to offshore settlements which excluded illegitimate issue of the settlor, including advice as to variation or amendment of the trust instruments.
  • Claims for breach of trust in relation to the purported transfer and re-settlement of assets held in offshore trusts, including issues of governing law; the arbitrability of trusts disputes; and the availability of injunctive relief (on-going).
  • Claims arising from the operation of joint bank accounts in which it is alleged the husband unlawfully removed his wife from the accounts and transferred the money for his own benefit.

Company

  • Unfair prejudice
  • Claims against directors and derivative claims
  • Rectification of share registers
  • Joint ventures and partnership disputes
  • Construction and drafting of constitutional documents

Christopher has experience acting in and advising upon company and shareholder disputes, particularly in respect of allegations of unfair prejudice; breaches of directors duties; and disputes between joint venture partners.

Recent experience includes:

  • Unfair prejudice proceedings brought in the BVI arising from the refusal of certain directors to attend board meetings thereby preventing the board from acting (2012 – 2016, BVI High Court and Eastern Caribbean Court of Appeal).
  • Unfair prejudice proceedings in England, including allegations of fraud, breaches of directors’ duty, and refusal by the petitioners to accept an O’Neill v Phillips offer by the respondents (on-going).
  • Unfair prejudice proceedings in England arising from a shareholder / director’s decision to wind down a company’s business (on-going).
  • Claims to rectify the register of members following the allegedly fraudulent removal of a shareholder prior to the sale of a company (on-going).
  • Claims for the sale of assets held pursuant to an alleged partnership which was dissolved following the bankruptcy of one of the alleged partners (on-going).

Education & Awards

BA History – Merton College, Oxford

GDL (Merit) – BPP University College

BPTC (Distinction) – BPP University College

Lord Mansfield, Lord Haldane and Hardwicke scholar of Lincoln’s Inn.

The university Gibbs prize for the top first in his year

Postmaster of Merton College

Membership & Publications

COMBAR

Chancery Bar Association

Contributing editor of Lewin on Trusts (19th Ed.) (4th cumulative supplement, forthcoming December 2018).

Recognition

Christopher has been ranked as an “Up and Coming” junior in Chancery: Commercial by Chambers UK Bar 2018.

“Both his written work and legal analysis are absolutely first-rate. He presents things very clearly and in a simple way which the judges like.”

Christopher was “Highly Commended” in Legal Week’s ‘Stars at the Bar 2017’. 

Ranked in

Chambers and Partners –
“Up and Coming” junior in Chancery: Commercial

News

JSC MEZHDUNARODNIY PROMYSHLENNIY BANK v PUGACHEV & ORS [2017] EWHC 2426 (CH)
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