A substantial part of Matthew’s practice involves disputes between shareholders, litigated principally via unfair prejudice petitions, derivative claims, or petitions on the just and equitable ground. Matthew also has experience of disputes between members of LLPs (including law firms).
Many of these disputes do not come to trial. Matthew has experience of all aspects of this work, focusing on achieving success for his clients whether at the pre-action stage, during interlocutory proceedings, in mediation or – if necessary – at trial.
Matthew is the author of the chapter on derivative claims in Gore Browne on Companies.
Recent work has involved:
• Re Delmergate Limited (2018): an unfair prejudice petition concerning a substantial chain of pharmacies. Settled on the first day of trial.
• Re Hayne Barn Holdings Limited (2018): an unfair prejudice petition concerning a commercial landlord company. Settled at mediation.
• Re Stubbins Marketing Limited (2017): a series of interlocutory applications in connection with a claim by a company against its former directors who had sold the company’s business to their own company at an alleged undervalue.
• A. A. Turki Corporation v Ooreedoo QSC (2016) a claim under section 68 of the Arbitration Act 1996 to set aside an arbitration award in connection with a dispute between joint venture partners in relation to a telecoms business in the Middle East.
• Re Ace 4 Kebabs Ltd (2016): trial of an unfair prejudice petition. Settled in the week before trial.
As well as shareholder litigation, Matthew has a broad commercial litigation practice. His significant experience of company and insolvency law gives him a strong foundation for wider commercial dispute resolution. He appears in all divisions of the High Court, including the Commercial Court, and has arbitration experience.
His recent work has involved:
• Injunctions and pre-emptive remedies including freezing injunctions, pre-action disclosure, and applications for security for costs (e.g. Burnden Holdings (UK) Ltd v Fielding – security for costs; Assetco v Grant Thornton  EWHC 1215 – pre-action disclosure)
• Advising HMRC in connection with the VAT recovery claim in Littlewoods Ltd v HMRC  UKSC 70.
• Judicial review: R (Mohamed) v HMRC  EWHC 2455;  EWHC 3396 (legitimate expectation in the context of tax enforcement)
• Non-party costs orders (Re Diffraction Diamonds DMCC – order made against a director of a company wound up on public interest grounds)
• A confidential arbitration in the LCIA involving a substantial Russian retailer operated by a BVI-registered company.