Alex Barden

Profile

Alex specialises in corporate, fund and LLP law, corporate insolvency and general commercial litigation. He has substantial experience of complex litigation involving financial institutions, often with an international element or an insolvency dimension.

He is a robust advocate who regularly appears as sole counsel in the Commercial Court and the Chancery Division and is recommended as a junior in Chambers and Partners 2014, which notes the "tenacity of his advocacy" and his "commercially astute advice and technical analysis".

 

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EXPERTISE


Corporate Litigation

  • Shareholder, fund and LLP disputes
  • Prospectus liability
  • Takeover and joint venture disputes

 

Commercial Litigation and Arbitration

  • Civil fraud and asset recovery
  • Claims relating to banking arrangements, client money and commission agreements
  • Breach of warranty claims


Insolvency

  • Insolvency of financial institutions
  • Cross-border litigation
  • Claims by and against officeholders
  • Insolvency expenses and priority as between creditors
  • Administration applications

 

Corporate Transactions

  • Cross-border mergers
  • Reductions of capital
  • Schemes of arrangement

 

RECOGNITION

 

Recommended as a leading junior for Company Law in Chambers UK Bar Guide 2015

"Concise and to the point, he gives a very quick response and provides the answers you require."

"He gives very prompt and commercially astute advice, shot through with technical analysis."

 

SIGNIFICANT CASES

 

Corporate Litigation:

RBS Rights Issue Litigation [2014] EWHC 227 – acting for group of large UK financial institutions in claim against RBS for misstatements in respect of its £12bn rights issue.

Re a BVI Company - acting in a confidential LCIA Arbitration in relation to shareholder information rights in a joint venture company with its business in Russia.

Garritt-Critchley v Ronnan [2014] EWHC 1774 - indemnity costs order following Mercantile Court trial of claim to shares in a solar power company.

LLP Arbitration - acting in an arbitration in relation to alleged breaches of duty and unfair exclusion from an asset management LLP.

Re Cattles Plc - acting for Standard Life in claims under FSMA s.90 against directors of formerly listed company in relation to misstatements in a prospectus.

Commercial Litigation and Arbitration:

Alpstream Aviation Limited v GECAS [2013] EWHC 2370 – acting for successful claimant in 5-week Commercial Court trial of conspiracy and other claims in respect of enforcement of security over aircraft.

Grizzly Business Limited v Stena [2014] EWHC 1920 – acted for successful claimant in Commercial Court trial relating to commission payments in respect of an oil drilling contract.

Re Worldlink Plc [2012] EWHC 394 (Comm) - acted for successful party in Commercial Court trial of claims arising from “reverse takeover” of an AIM listed company.

Insolvency:

Kaupthing Bank v Isis [2013] EWHC Civ 7, [2013] EWCA Civ 1493 – acting for liquidators of the largest of the collapsed Icelandic bank in multi-national litigation under EC Insolvency Regulation relating to recovery of major assets.

Re: Capitol Films Ltd [2010] EWHC 3223 and 2240, [2010] BCLC 359 - successfully acted for Screen Actors Guild in resisting Administrator’s application to sell charged property and obtaining order that administrators pay creditors’ costs personally.

Re LDK Solar Ltd - opposing schemes of arrangement in the Cayman Islands and Hong Kong, attempting to "cram down" creditors of Chinese manufacturing companies.

Re Isis Investments Ltd - acting for bank proposing parallel schemes of arrangement in England and the Isle of Man, compromising investor claims.

Re Danka Business Systems Plc [2013] EWHC Civ 92, [2013] Ch 56 - ability of company to avoid indemnity liabilities through voluntary liquidation.

Re: Portsmouth City Football Club Ltd [2013] EWCA Civ 916, [2013] BCC 741 and [2013] Bus LR 1152, [2013] 1 All ER 975 – leading Court of Appeal case on administration expenses.

Injunction and Examination under the Cross-Border Insolvency Regulations - ex parte injunction on behalf of BVI liquidator under CBIR, requiring delinquent Eastern European director to surrender passport and attend English Court for examination.

Re Eliyon Ltd, Re Xchange Ltd - acting on behalf of Insolvency Practitioners against directors and companies arising from VAT carousel fraud.

Akai Holdings Limited - claims on behalf of the liquidator in the largest ever insolvency in Hong Kong, including a US$600m claim against the former auditors, a claim against a Thai bank and claims against the former Chairman.

Numerous administration applications and applications for extension of administration.

Advising and representing respondents to applications to disqualify directors.

Corporate Transactions:

Re Wood DIY Limited [2011] EWHC 3089 - the first case on the test for High Court approval of cross-border mergers.

Reductions of capital for a range of companies including FSA-regulated entities.

Re NDS Plc - Scheme of Arrangement in relation to Nasdaq-listed member of News International Group.


PROFESSIONAL MEMBERSHIPS AND PUBLICATIONS

Chancery Bar Association

Contributor to Buckley on the Companies Act (section on members' rights)

Contributor to Lightman and Moss on Administrators (section on appointment of administrators)

"Legal Privilege and Mandatory Disclosure under the Proceeds of Crime Act 2002" [2005] LMCLQ (with Simon Atrill)

"US Corporate Law Reform Post-Enron - A Significant Imposition on the Private Ordering of Corporate Governance?" (2005) Journal of Corporate Law Studies.


QUALIFICATIONS

2003: St John's College, Cambridge - BA Law (1st class)

- top 10 in the University in all three years

- top of the University in company law, constitutional law, administrative law.

2004: University of Pennsylvania - LLM (Thouron Scholar) 

2004: St John's College Oxford - BCL (Distinction)

Princess Royal Scholar of the Inner Temple


Michael Todd QC

Michael Todd QC

Called: 1977 Silk: 1997

Mike Hannibal

Mike Hannibal

John Cone

John Cone

Called: 1975

Mark Swallow

Mark Swallow

Chris Reade

Chris Reade

David Mabb QC

David Mabb QC

Called: 1979 Silk: 2001

Martin Moore QC

Martin Moore QC

Called: 1982 Silk: 2002

David Chivers QC

David Chivers QC

Called: 1983 Silk: 2002

Michael Shillingford

Michael Shillingford

Alex Smith

Alex Smith

Peter Arden QC

Peter Arden QC

Called: 1983 Silk: 2006

Charlie Calder

Charlie Calder

Samantha Rouse

Samantha Rouse

Stephen Smith QC

Stephen Smith QC

Called: 1983 Silk: 2000

Caroline Hughes

Caroline Hughes

Ceri Bryant QC

Ceri Bryant QC

Called: 1984 Silk: 2012

Monika Graczykowska

Monika Graczykowska

Richard Snowden QC

Richard Snowden QC

Called: 1986 Silk: 2003

Diane Cousins

Diane Cousins

Raquel Agnello QC

Raquel Agnello QC

Called: 1986 Silk: 2009

Catherine Roberts

Catherine Roberts

Called: 1986

Philip Gillyon

Philip Gillyon

Called: 1988

Mary Stokes

Mary Stokes

Called: 1989

Andrew Thompson QC

Andrew Thompson QC

Called: 1991 Silk: 2014

Dan Prentice

Dan Prentice

Called: 1982

Nigel Dougherty

Nigel Dougherty

Called: 1993

James Potts QC

James Potts QC

Called: 1994 Silk: 2013

Andrew Thornton

Andrew Thornton

Called: 1994

Edward Davies

Edward Davies

Called: 1998

Stephen Horan

Stephen Horan

Called: 2002

Ben Shaw

Ben Shaw

Called: 2002

Ben Griffiths

Ben Griffiths

Called: 2004

Tim Akkouh

Tim Akkouh

Called: 2004

Matthew Parfitt

Matthew Parfitt

Called: 2005

Alex Barden

Alex Barden

Called: 2005

Emily Gillett

Emily Gillett

Called: 2005

Patrick Harty

Patrick Harty

Called: 2008

Jack Rivett

Jack Rivett

Called: 2010

Anna Scharnetzky

Anna Scharnetzky

Called: 2011

Chantelle Staynings

Chantelle Staynings

Called: 2012

Richard Nolan *

Richard Nolan *

Called: 1999

Barristers