Significant cases and transactions include:
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.
Re Profile Partners Ltd [2020] EWHC 1473 (Ch) Acted for successful Petitioner (leading Andrew Blake) obtaining injunction to restrain use of company monies to fund defence and counterclaim in context of unfair prejudice petition.
Re Sturgeon Central Asia Balanced Fund Ltd (in liquidation) [2020] EWHC 123 (Ch) Acted for successful applicant terminating recognition order made under Cross-Border Insolvency Regulations 2006 in favour of Joint Provisional Liquidators of Bermuda company in context of just and equitable winding-up.
Re Inmarsat Plc [2019] EWHC 3470 (Ch) Acted for the successful bidder in contested members’ scheme of arrangement relating to takeover of UK mobile satellite company.
Stobart Group Ltd v William Stobart & Or [2019] EWCA Civ 1376
Acted for successful Defendant resisting claims under SPA based on failure to serve compliant notice.
Burnden Holdings (UK) Ltd v Fielding & Or [2019] EWHC 1566 (Ch)
Acted for successful Defendants resisting claims based on alleged unlawful distribution and grant of security.
PJSC Commercial Bank Privatbank v Kolomoisky & Ors (2018)
Acted for successful applicant resisting attempts to stay disclosure orders under worldwide freezing order.
Cool Seas (Seafoods) Ltd v Interfish & Ors [2018] EWHC 2038 (Ch)
Acted for successful Respondents in opposing unfair prejudice petition and obtaining (by counterclaim) order for sale of Petitioners’ shareholding with compensation for breaches of duty.
Melvin v Roache Judgment of the Chief Justice (Gibraltar) 18 October 2017
Acted for successful Claimant. Trial adjourned, affidavits directed and cross-examination ordered of Respondents to a shareholder dispute in respect of documents created after the dates on the face of those documents and deployed in pleadings and witness statements.
Brightside Group Ltd v RSM UK Audit LLP [2017] 1 WLR 1943
Acting for Claimant in professional negligence claim against auditors. Successfully resisted application to dismissal of proceedings based on alleged non-service of Claim Form.
JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2016] EWHC 248 (Ch).
Successfully resisted application by trustees for discharge of a worldwide freezing order. Real risk of dissipation in the context of rights as a protector of the trusts and facts indicating de facto control.
Birdi v Specsavers Optical Group Ltd [2015] EWHC 2870 (Ch); Official Transcript
Acted for Specsavers in s.994 petition at trial of issues under a s.994 petition. Widescale allegations of impropriety rejected by the Court. Petitioner failed to recover adjustments greater than the Respondents’ early Part 36 offer, leading to a substantial overall costs order against the Petitioner.
Dilato Holdings Pty Ltd v Learning Possibilities Ltd [2015] EWHC 592 (Ch); [2015] 2 B.C.L.C. 199
Acted for Applicant who successfully obtained injunctive relief to obtain access to books and records as a director and to restrain his removal as a director pending determination of his claim to a controlling interest in the company.
Airey v Taffinder & Ors (Re Hills Solutions Ltd) [2015] EWHC 3854 (Ch)
Acted for Claimant in successfully obtaining permission to continue a double derivative claim and a full indemnity from the company in respect of a restructuring of the group at an alleged undervalue.
Autonomy Corporation Ltd v Lynch and Hussain
Acting for HP entities in relation to a claim against former directors of Autonomy in a £3bn breach of fiduciary duty and deceit claim.
Re Charterhouse Capital Ltd [2015] EWCA Civ 536; [2014] EWHC 1410 (Ch)
Acted at trial and on appeal for successful Respondents in relation to private equity firm unfair prejudice petition.
Royal Bank of Scotland Plc v Hicks & Ors [2010] EWHC 2568 (Ch)
Acting for Bank in successfully obtaining mandatory injunction to restore composition of board of holding company of Liverpool Football Club and resisting injunction for sale of the Club. Also successfully acted for Bank in obtaining anti-suit injunction restraining Texas proceedings.
Arbitrations:
Acting (ongoing) as Lead Counsel in a LCIA-DIFC arbitration acting for a minority shareholder in joint venture dispute (unfair prejudice) with claims for breaches of a shareholders’ agreement, articles of association and the DIFC Companies Law, in connection with management of a tech company.
Halliwells v Austin [2012] EWHC 1194 (Ch)
Acted for former partner in successful summary judgment application defeating claims by liquidator of the firm.
Global Energy Horizons Corp v Grey [2012] EWHC 3703 (Ch)
Imposition of fiduciary duties in a non-traditional context.
Royal Bank of Scotland Plc v Hicks [2012] EWHC 2699 (Ch)
Acted for RBS in relation to contest for control of Liverpool FC.
Royal Bank of Scotland Plc v Hicks [2011] EWHC 287 (Ch)
Successful application for anti-suit injunction in relation to contest for control of Liverpool FC.
Fulham Football Club (1987) v Richards [2011] EWCA Civ 855
Leading case which established the arbitrability of shareholder disputes.
Re Microsulis [2008] EWHC 587
Successful strike out of unfair prejudice petition; costs against solicitors for breach of warranty of authority.
BTA v Ablyazov
Acted for proposed court receivers in various applications.
Great Future International v Sealand Housing Corporation & Ors [2002] EWHC 2454 (Ch)
Damages of over US$45million assessed; numerous hearings and applications in the Turks & Caicos Islands, freezing orders; committal for contempt of defendants.
