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Adrian de Froment

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Adrian de Froment

Areas of Expertise

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Year of Call: 2013 afroment@serlecourt.co.uk

Overview

Adrian has a broad commercial and chancery practice and accepts instructions in most of Chambers’ core practice areas, with a particular focus on civil fraud, company law, trusts and financial services. He has substantial experience of large, complex litigation, having been instructed as part of the team acting for the defendants in claims arising out of the £12 billion RBS rights issue (with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan).

Recent led work, in addition to the RBS Rights Issue Litigation, includes acting for the respondent in an appeal concerning WP privilege arising out of high-value divorce proceedings (with by Alan Boyle QC), acting for the defendants in an action for breach of confidence (with Michael Edenborough QC), and acting for the defendant in Smith v Huertas, a claim concerning the enforceability of a foreign judgment in England (with Jennifer Haywood).

Recent unled work includes Carlisle Investments Inc v McCarthy [2016] EWHC 1624, acting for the petitioning creditor in a substantial bankruptcy matter, Shoeb v Square One, acting for the defendants in a $1.6 million debt claim involving allegations of sham, Tilley v Tilley, acting for a claimant seeking various declarations in relation to the administration of a trust and the removal of his co-trustees, and advising in relation to various potential unfair prejudice petitions under s.994 of the Companies Act 2006.

Adrian regularly appears in the High Court and County Court in a wide range of matters concerning personal and corporate insolvency, and also has experience obtaining interim relief, including freezing relief.

Adrian completed the GDL (distinction) and BPTC (outstanding) at City University, and is a Queen Mother's Scholar of Middle Temple. Prior to coming to the Bar, Adrian gained a First Class degree from New College, Oxford and a PhD from Princeton University, where he was awarded Centennial and Burroughs-Wellcome fellowships.

As a former scientist, Adrian is particularly well placed to deal with the quantitative issues that arise in litigation. Adrian is also a fluent French speaker and has a particular interest in cases with French language evidence.

Areas of Expertise and Cases



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Civil Fraud

Assisted Justin Higgo in relation to potential claims that certain transactions be set aside under s.423 IA 1986, and in relation to service out of the jurisdiction of such proceedings.

Assisted Daniel Lightman in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] EWCA Civ 1106, an appeal by a Saudi Arabian Prince, the respondent to a section 994 petition, against an unless order and the entry of judgment against him for US$ 7.7m.

Assisted Justin Higgo in a dispute concerning the enforceability of an agency agreement involving corruption in public office.

Assisted Justin Higgo in resisting proceedings brought in England to enforce a default judgment obtained in the United States.


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Company

Advised in relation to a potential s.994 petition.

Instructed on three linked s.994 petitions (led by Daniel Lightman).

Assisted Daniel Lightman in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] UKSC 64, an appeal by a Saudi Arabian Prince, the respondent to a section 994 petition, against an unless order and the entry of judgment against him for US$ 7.7m. 


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Commercial Litigation

Acting for the defendants in a claim for repayment of an alleged loan of c. £1.3m.

Instructed for RBS in group litigation arising out of the £12 billion rights issue undertaken by RBS in 2008, with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan.

Assisted Philip Marshall QC and Justin Higgo in Bank of St Petersburg & Or v Arkhangelsky & Ors [2014] EWCA Civ 593, in which the Court of Appeal disapplied a Russian limitation period and granted an anti-enforcement injunction preventing the enforcement of Russian judgments abroad pending the outcome of litigation in England.


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Intellectual Property

Adrian is developing a practice in trade mark, passing off, copyright, design right and breach of confidence, acting both alone and led in the IPEC and the Chancery Division. Recent and ongoing cases include the following:

  • Acting for the defendants in a claim for breach of confidence in the Chancery Division, with Michael Edenborough QC.
  • Acting for the claimant in an action for trade mark infringement and infringement of a UKUDR, in the IPEC.
  • Acting for the claimant in an action for breach of copyright, trade mark infringement and passing off in the IPEC.
  • Acting for the defendant in a UK unregistered design right matter in the IPEC.
  • Acted for the defendant in trade mark infringement proceedings in the Chancery Division. 
  • Advised in relation to a potential claim for trade mark infringement and passing off.

Adrian also gained experience during pupillage of actions in the IPEC and the Trade Mark Registry, before the Appointed Person, and in the General Court of the European Union, with Michael Edenborough QC. 


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Trusts and Probate

Assisted Daniel Lightman in Singh v Singh [2014] EWHC 1060 (Ch), a 5-week trial that resulted in the dismissal by Sir William Blackburne of a claim by a father that his son’s business empire was held on constructive trust for the male members of his family in accordance with the Mitakshara.

Assisted Justin Higgo in advising in relation to a possible proprietary claim to an interest in a substantial family property.

Assisted Giles Richardson in Barclays Wealth Trustees (Jersey) Ltd v Equity Trust (Jersey) Limited, proceedings against the former trustee of unit trusts investing in Eastern European property developments for alleged breaches of trust.



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Financial Services

Instructed for RBS in group litigation arising out of the £12 billion rights issue undertaken by RBS in 2008, with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan.

Assisted Simon Hattan on a claim by a charitable foundation arising from the alleged negligent management of its investment portfolio at the time of the 2008 financial crisis.

Assisted Giles Richardson in Barclays Wealth Trustees (Jersey) Ltd v Equity Trust (Jersey) Limited, proceedings against the former trustee of unit trusts investing in Eastern European property developments for alleged breaches of trust.

Assisted Simon Hattan in advising the target of an FCA investigation.


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Banking

Instructed for RBS in group litigation arising out of the £12 billion rights issue undertaken by RBS in 2008, with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan.


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Insolvency

Adrian appears regularly in both the High Court and the County Court in matters concerning personal and corporate insolvency. Recent instructions include:

  • Applications under s.313, 339, 340 and 423 of the Insolvency Act 1986.
  • Opposing a bankruptcy petition on the basis that an offer to secure the debt had been unreasonable refused.
  • A substantial bankruptcy matter in the High Court.

 

 

Adrian de Froment

Adrian de Froment

Year of Call: 2013
Email: afroment@serlecourt.co.uk

Overview

Adrian has a broad commercial and chancery practice and accepts instructions in most of Chambers’ core practice areas, with a particular focus on civil fraud, company law, trusts and financial services. He has substantial experience of large, complex litigation, having been instructed as part of the team acting for the defendants in claims arising out of the £12 billion RBS rights issue (with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan).

Recent led work, in addition to the RBS Rights Issue Litigation, includes acting for the respondent in an appeal concerning WP privilege arising out of high-value divorce proceedings (with by Alan Boyle QC), acting for the defendants in an action for breach of confidence (with Michael Edenborough QC), and acting for the defendant in Smith v Huertas, a claim concerning the enforceability of a foreign judgment in England (with Jennifer Haywood).

Recent unled work includes Carlisle Investments Inc v McCarthy [2016] EWHC 1624, acting for the petitioning creditor in a substantial bankruptcy matter, Shoeb v Square One, acting for the defendants in a $1.6 million debt claim involving allegations of sham, Tilley v Tilley, acting for a claimant seeking various declarations in relation to the administration of a trust and the removal of his co-trustees, and advising in relation to various potential unfair prejudice petitions under s.994 of the Companies Act 2006.

Adrian regularly appears in the High Court and County Court in a wide range of matters concerning personal and corporate insolvency, and also has experience obtaining interim relief, including freezing relief.

Adrian completed the GDL (distinction) and BPTC (outstanding) at City University, and is a Queen Mother's Scholar of Middle Temple. Prior to coming to the Bar, Adrian gained a First Class degree from New College, Oxford and a PhD from Princeton University, where he was awarded Centennial and Burroughs-Wellcome fellowships.

As a former scientist, Adrian is particularly well placed to deal with the quantitative issues that arise in litigation. Adrian is also a fluent French speaker and has a particular interest in cases with French language evidence.

Areas of expertise

Civil Fraud

Assisted Justin Higgo in relation to potential claims that certain transactions be set aside under s.423 IA 1986, and in relation to service out of the jurisdiction of such proceedings.

Assisted Daniel Lightman in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] EWCA Civ 1106, an appeal by a Saudi Arabian Prince, the respondent to a section 994 petition, against an unless order and the entry of judgment against him for US$ 7.7m.

Assisted Justin Higgo in a dispute concerning the enforceability of an agency agreement involving corruption in public office.

Assisted Justin Higgo in resisting proceedings brought in England to enforce a default judgment obtained in the United States.

Company

Advised in relation to a potential s.994 petition.

Instructed on three linked s.994 petitions (led by Daniel Lightman).

Assisted Daniel Lightman in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] UKSC 64, an appeal by a Saudi Arabian Prince, the respondent to a section 994 petition, against an unless order and the entry of judgment against him for US$ 7.7m. 

Commercial Litigation

Acting for the defendants in a claim for repayment of an alleged loan of c. £1.3m.

Instructed for RBS in group litigation arising out of the £12 billion rights issue undertaken by RBS in 2008, with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan.

Assisted Philip Marshall QC and Justin Higgo in Bank of St Petersburg & Or v Arkhangelsky & Ors [2014] EWCA Civ 593, in which the Court of Appeal disapplied a Russian limitation period and granted an anti-enforcement injunction preventing the enforcement of Russian judgments abroad pending the outcome of litigation in England.

Intellectual Property

Adrian is developing a practice in trade mark, passing off, copyright, design right and breach of confidence, acting both alone and led in the IPEC and the Chancery Division. Recent and ongoing cases include the following:

  • Acting for the defendants in a claim for breach of confidence in the Chancery Division, with Michael Edenborough QC.
  • Acting for the claimant in an action for trade mark infringement and infringement of a UKUDR, in the IPEC.
  • Acting for the claimant in an action for breach of copyright, trade mark infringement and passing off in the IPEC.
  • Acting for the defendant in a UK unregistered design right matter in the IPEC.
  • Acted for the defendant in trade mark infringement proceedings in the Chancery Division. 
  • Advised in relation to a potential claim for trade mark infringement and passing off.

Adrian also gained experience during pupillage of actions in the IPEC and the Trade Mark Registry, before the Appointed Person, and in the General Court of the European Union, with Michael Edenborough QC. 

Trusts and Probate

Assisted Daniel Lightman in Singh v Singh [2014] EWHC 1060 (Ch), a 5-week trial that resulted in the dismissal by Sir William Blackburne of a claim by a father that his son’s business empire was held on constructive trust for the male members of his family in accordance with the Mitakshara.

Assisted Justin Higgo in advising in relation to a possible proprietary claim to an interest in a substantial family property.

Assisted Giles Richardson in Barclays Wealth Trustees (Jersey) Ltd v Equity Trust (Jersey) Limited, proceedings against the former trustee of unit trusts investing in Eastern European property developments for alleged breaches of trust.

Financial Services

Instructed for RBS in group litigation arising out of the £12 billion rights issue undertaken by RBS in 2008, with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan.

Assisted Simon Hattan on a claim by a charitable foundation arising from the alleged negligent management of its investment portfolio at the time of the 2008 financial crisis.

Assisted Giles Richardson in Barclays Wealth Trustees (Jersey) Ltd v Equity Trust (Jersey) Limited, proceedings against the former trustee of unit trusts investing in Eastern European property developments for alleged breaches of trust.

Assisted Simon Hattan in advising the target of an FCA investigation.

Banking

Instructed for RBS in group litigation arising out of the £12 billion rights issue undertaken by RBS in 2008, with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan.

Insolvency

Adrian appears regularly in both the High Court and the County Court in matters concerning personal and corporate insolvency. Recent instructions include:

  • Applications under s.313, 339, 340 and 423 of the Insolvency Act 1986.
  • Opposing a bankruptcy petition on the basis that an offer to secure the debt had been unreasonable refused.
  • A substantial bankruptcy matter in the High Court.

 

 

Qualifications

New College, Oxford: BA, Biology (Double first class honours)

Princeton University: PhD, Evolutionary Biology

City University: GDL (Distinction)

City University: BPTC (Outstanding)

Memberships

Chancery Bar Association

COMBAR

Languages

French


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