Leading Transactions & Cases:
Carillion [2023] –
Chambers had two teams involved in the litigation arising from the well-known collapse of Carillion, recently described as the largest and most complex trading insolvency in the UK, and the highest profile directors’ disqualification proceedings for many years. Trial October 2023. The claim against the NEDs (represented by one of the Erskine teams) was abandoned by the Claimant (the Secretary of State) at the door of the Court.
Re Northstar Financial Services (Bermuda) Ltd and Omnia Ltd [2023] SC (Bda) 57 Civ –
Proceedings in Bermuda concerning two insolvent insurance companies and the operation of the segregated accounts regime. Acted for the class of policyholders holding investments with variable returns, and succeeded in obtaining directions to the effect that their underlying investments were segregated for their benefit.
ClientEarth v Shell Plc [2023] –
EWHC 1137 (Ch) Acted for Shell in resisting ClientEarth’s application for permission to continue a derivative claim against the directors on grounds of alleged breaches of their duties.
ClientEarth v Shell Plc [2023] –
EWHC 1897 (Ch) Dismissal of ClientEarth’s application for permission to continue a derivative claim on behalf of Shell plc against its directors.
Lakey v Macabuag & Ors (Re Mitt Wearables Ltd) [2023] EWHC 1800 (Ch) –
Successfully defended an unfair prejudice petition (pro bono) on behalf of a co-founder of a prosthetic limb start-up company.
BTI Industries v Sequana [2022] –
US$800 million claim re dividends allegedly paid in breach of fiduciary duty and as a transaction defrauding creditors. Supreme Court decision in 2022 is the leading case on directors’ duties to have regard to creditors’ interests when insolvency threatens.
Burnford v AA [2022] –
An Erskine team acting for the AA, at first instance and in the Court of Appeal in November 2022 successfully striking out a claim by minority shareholders in a start-up venture alleging fraud in relation to the entry into a shareholder’s agreement and breaches of implied contractual obligations of good faith in relation to the subsequent affairs of the company. A leading case on the reflective loss defence.
Nam Tai Property Inc v Greater Sail Ltd BVIHCMAP 2022/0009 –
Appeared for the respondent in the Court of Appeal of the Eastern Caribbean and succeeded in establishing that the appeal against an ex parte injunction was an abuse of process.
Re Petropavlovsk PLC 11 July 2022 (unreported) [2022] EWHC 2074 (Ch) [2022] EWHC 2097 (Ch); [2022] EWHC 3448 (Ch); [2023] EWHC –
This was an inherently complex matter; Petropavlovsk was a listed company carrying on a very substantial gold-mining business.
MISquared Ltd v. King [2022] EWHC 331 (Comm) –
Acted for directors in successfully resisting an injunction under s.44 Arbitration Act 1996 designed to prevent a refinancing pending an arbitration under a shareholders’ agreement.
Fitzroy Street Capital Inc v Manning [2022] EWHC 1495 (Ch) –
Trial of claim by secured and unsecured creditors against administrators for breaches of fiduciary duty and negligence in the sale of the company’s assets.
Boston Trust Co Ltd v Szerelmey Ltd [2022] EWHC 3055 (Ch) and ongoing –
Instructed for minority shareholders on the trial of a common law double derivative claim concerning a renowned stonework business.
Durose v Tagco BV [2022] EWHC 3000 (Ch) –
Successfully defended an unfair prejudice petition on behalf of professional investor respondents with multiple unled applications over three year.
Re Jardine Strategic Holdings Ltd [2021] –
Acting for the company in the largest merger appraisal arising from an amalgamation of entities within the Jardine Matheson group. (Ongoing)
Re New Look Retailers Ltd [2021] EWHC 1209 (Ch) –
The leading case on retail CVAs, and CVAs compromising long-term contracts. A group of landlords challenged the New Look CVA on the grounds that it fell outside the statutory jurisdiction, material irregularity and unfair prejudice.
Davies v Ford [2021] EWHC 2550 (Ch); [2021] 9 WLUK 226 –
Acted on behalf of successful Claimant in quantum trial to determine equitable compensation payable as a result of directors’ breach of fiduciary duties and a claim in knowing receipt.
Credorax v Israeli VC Partners, LP (BVIHCM2021/0145, BVI High Court) –
Trial of claim concerning the enforceability of a company loan note and security in light of US sanctions.
UGC v. Petropavlovsk Plc [2021] –
Acted for independent directors in successfully resisting an application for injunctive relief to restrain directors from acting pending a shareholder meeting.
Re New Look Retailers Ltd [2021] EWHC 1209 (Ch) –
The leading case on retail CVAs, and CVAs compromising long-term contracts. A group of landlords challenged the New Look CVA on the grounds that it fell outside the statutory jurisdiction, material irregularity and unfair prejudice.
Re LB Holdings Intermediate 2 Ltd / Lehman Brothers Holdings PLC [2021] EWCA Civ 1523 and continuing –
The case involved a dispute over the distribution of a surplus held by LBHI2 (the immediate holding company of LBIE) estimated to be in the order of £800 million - £1 billion. A number of Erskine barristers have been instructed on multiple claims arising from the insolvency of Lehman Brothers.
Re Regis UK Ltd [2021] EWHC 1294 (Ch) –
A retail CVA case ,the CVA was challenged by a group of landlords. The businesses experienced financial difficulties and ultimately became insolvent.
Byers v Chen [2021] UKPC 4 –
Appeal to the Privy Council on a liquidator’s claim against a former director of a company for breach of duty and unfair preferences in making payments to certain creditors ahead of the company’s entry into liquidation.
Saxby v UDG Healthcare (UK) Holdings Ltd [2021] EWHC 144 (Ch) –
Acted at trial for defendant successfully resisting fraudulent misrepresentation claim relating to missed earn-out target on a share sale.
Organic Grape Spirit Ltd v Nueva IQT SL [2020] EWCA Civ 999 –
Review by Court of Appeal of authorities on when a fledgling business will be permitted by the ‘ordinary and proper course of business’ exception to develop a new business in the context of a freezing order.
Mezhprombank v Pugachev –
Civil fraud dispute against the former owner of Mezhprombank, who is currently subject to a US $2bn worldwide freezing injunction.
Eclairs Group Limited v JKX Oil & Gas Plc –
Questions whether a power in articles of association to impose voting and transfer restrictions in relation to shares had arisen and, if so, whether it was exercised for the proper purpose.
BAT Industries v Winward –
Application by BAT for the appointment of receivers over a claim by a debtor for $800m in relation to unlawful dividends. Part of multi-headed series of commercial disputes in the Commercial Court and the Chancery Division.
Re: Charterhouse Capital –
Leading judgment from Court of Appeal on unfair prejudice petition in respect of a private equity LLP.
Liverpool Football Club and RBS v Hicks –
Shareholder dispute regarding ownership of Liverpool Football Club.
Further cases and further details of these cases are also to be found in the profiles of individual barristers –