Profile

Patrick undertakes a broad range of commercial chancery work with a particular emphasis on company law, corporate insolvency and civil fraud. At present approximately 75% of Patrick’s practice is contentious, with the remainder being advisory. Patrick regularly appears in both the High Court and the County Court and has significant trial experience, including cross-examining in multiple multi-day fraud actions.

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EDUCATION AND AWARDS

2003-2006
St John’s College Cambridge: BA (Mathematics) Triple First Class Honours (first in each year), Horne Scholar, three time Wright Prize winner and awarded McMahon Studentship

2006-2007
City University: CPE (Commendation)

2007-2008
BPP Law School: BVC (Outstanding)

Patrick has also won Lord Bowen, Lord Denning, Hubert Greenland and City University scholarships and a Hardwicke Entrance Award from Lincoln’s Inn. Patrick was a scholar of Winchester College.

EXPERIENCE

Company Law

Numerous shareholder disputes and unfair prejudice petitions under both s. 994 of the Companies Act 2006 and equivalent legislation in other common-law jurisdictions including:

• Currently acting for the former managing director and minority shareholder of a substantial oil company in a dispute worth approximately £30 million;
• Currently acting (with David Chivers QC) for the former CEO of a digital media company on both a petition under s. 994 and claims against him for breach of his contract of employment;
• Appearing (alone) in a three day trial for a shareholder claiming for breach of a fiduciary duty owed directly to him and fraudulent misrepresentation;
• Acting for a minority shareholder seeking to set aside a forced purchase of his shares purportedly pursuant to tag-along provisions in a company’s articles;
• Acting (with James Potts QC) for Respondents to a s. 994 petition in respect of a management consultancy company and successfully obtaining summary judgment on the majority of the petition;
• Acting (with  James Potts QC) for the Respondents to a 994 petition in respect of a property company where there were allegations of diversion of corporate opportunities, excessive remuneration and misuse of the company’s  assets;
• Numerous other disputes involving allegations of quasi-partnership, failure to pay dividends, breaches of shareholders’ agreements, breaches of understandings and wrongful exclusion from management.

Patrick also has experience acting on disputes between members of LLPs.

Other contentious company law work recently undertaken includes:

• Acting for a property management company claiming against a former director in respect of the sale of a substantial non-cash asset prohibited by the Companies Act 2006;
• Acting for a company operating horse stud-book in respect of claims against its directors;
• Claims for rectification of a company’s register of members;
• Applications for restoration and consequential relief;
• Numerous other applications under the Companies Act 2006.

Advice on a wide range of corporate finance and transactional issues including:

• Advising a plc seeking a listing on the Korean Stock Exchange in respect of issues arising out of the payment of dividends;
• Advising on the construction of articles of association and shareholders’ agreements;
• Acting for a plc in respect of issues arising following the use of squeeze-out provisions during a take-over offer;
• Advising on the operation of compulsory purchase provisions under a company’s articles of association;
• Advising on shareholder requisitions of general meetings;
• Advising on distributions and other maintenance of capital issues;
• Advising on financial assistance;
• Advising on class rights issues and entrenching provisions in a company’s articles of association;
• Advising on the meaning of equity share capital under the Companies Act 2006;
• Advising on and drafting a broad range of documents for corporate transactions.

In order to gain a broader experience of significant corporate transactions, before commencing practice Patrick spent three months seconded to Slaughter and May sitting with Nigel Boardman.

Insolvency

A broad range of insolvency matters including:

• Acting for the trustee for the liquidation of MF Global Inc on an application under the Cross Border Insolvency Regulations 2006
• Appearing for a substantial commercial landlord on an application to restrain the advertisement of a petition presented by British Gas in respect of alleged utilities bills of over £600,000;
• Appearing for a company on an application to restrain presentation of a winding up petition based on contracts purportedly entered into by a rogue director without authority;
• Appearing on a company’s petition for its own winding up raising issues as to the authority to present the petition;
• Numerous other disputed winding up petitions, applications to restrain presentation of a winding up petition and applications to restrain advertisement;
• Applications for validations orders;
• Applications in administrations and liquidations, including administration applications, applications for directions and applications to extend administrations;
• Regularly advising liquidators, administrators, receivers and other office holders in respect of insolvency issues including asset recovery, proprietary claims, issues as to the validity of fixed and floating charges, misfeasance claims, transactions at an undervalue, preferences and unlawful dividends;
• Advising in respect of issues arising under s. 216 of the Insolvency Act 1986 (prohibited names);
• Advising on set-off.

Commercial

Broad range of commercial work including:

• Appearing (alone) in a three day trial for a company claiming against a former director for negligence;
• Appearing (alone) on a two day trial involving allegations of forgery
• Acting for the vendor under a share purchase agreement seeking to set aside completion accounts purportedly determined by an expert pursuant to the agreement;
• Acting for the respondent to an application for a third party costs order;
• Applications for security for costs;
• Advising on the construction and efficacy of guarantees and debentures.

• Work in other jurisdictions:

  Experience of work involving: the Cayman Islands, the BVI, Antigua & Barbuda, Jersey, India and the Solomon Islands.

  Publications

  Contributor to Buckley on the Companies Acts.

  Professional organisations

  Member of the Chancery Bar Association and COMBAR.