Alex Barden

Profile

Alex is a junior barrister specialising in company law, corporate insolvency and general commercial litigation. Approximately two-thirds of his practice is High Court litigation. He is an aggressive advocate who regularly appears both alone and as a junior.

 

Download Profile

EDUCATION

BA Law, St John’s College Cambridge

First Class Honours and Top 10 in the University in all three years;

Top of the University in Company law, Constitutional law, Administrative law;

Winner of the University’s Intercollegiate Mooting Competition.

LLM, University of Pennsylvania (Thouron Scholar)

BCL, St John’s College Oxford (Distinction)

Princess Royal Scholar of the Inner Temple

SIGNIFICANT CASES AND EXPERIENCE

Insolvency

Re: Capitol Films Ltd - successfully acted for Screen Actors and Directors’ Guilds in resisting Administrator’s application to sell charged property. Successful application for Administrator to pay creditors’ costs personally and on the indemnity basis.

Re: Halliwells LLP - resisting winding-up petition presented by former partner and successful application for validation orders permitting the firm to continue to trade until its entry into administration.

VAT Fraud Cases - various claims on behalf of Insolvency Practitioners against directors and companies arising from carousel fraud.

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

Resisting Cayman Islands winding-up petition against SPVs of an international private equity fund (with Charles Bear QC).

Numerous administration applications and applications for extension of administration.

Numerous disputed winding up petitions and applications for validation order.

Applications for examination of directors and production of documents under 236 IA 1986.

Advising and representing respondents to applications to disqualify directors.

Commercial Litigation

Re: Dianoor Jewels Ltd and Dianoor International Ltd - acting for receivers in claim against pawnbroker for conversion of goods. Successfully resisted strike-out application. (with Richard Snowden QC).

Christals Ltd v Feme Ltd - successfully acted for company in reclaiming goods and in High Court claim for damages where stock wrongfully seized by judgment creditor.

Tri-Q Ltd v API Group Plc - acted for defendant in Commercial Court claim for breach of warranty (with Richard Snowden QC and Nigel Dougherty).

Fujifilm v Pearson - won County Court trial of claim for damages against construction firm.

Re: Manaco (Dean) Ltd - successfully resisted winding-up petition and acted in Chancery Division proceedings relating to breaches of share sale agreement.

Continuing US$20m High Court claim by investment bank against bond issuer.

Claims under guarantees (in relation to solvent and insolvent defendants).

Company Law

Re Fawn Property Investment Ltd - won High Court trial of claim by executor for rectification of share register to reflect interest of the Estate.

Re NDS Plc - Scheme of Arrangement in relation to Nasdaq-listed member of News International Group (with Martin Moore QC).

Re Knightsiles Properties Ltd - Cross-border merger of English and Italian companies.

Numerous shareholder disputes ranging from small family companies to large building company and family company valued at £500m.

Assisting in preparation of expert evidence for US courts on Commonwealth company law in derivative actions and other claims (with Martin Moore QC, David Chivers QC and Professor Dan Prentice).

Re: R8 Marketing Limited - Successful application for removal of individual’s name from register of directors where his name had been included without consent.

Advice on maintenance of capital, share issues, articles of association and shareholders’ agreements.

Advice on Disclosure and Transparency Rules.

Numerous applications for rectification of register of charges.

PUBLICATIONS

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

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

Alex is a regular contributor of Company Law Podcasts to CPDcast.com, the online provider of professional development materials.


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