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Dakis Hagen QC

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Dakis Hagen QC

Areas of Expertise

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Year of Silk: 2017
Year of Call: 2002
dhagen@serlecourt.co.uk

Overview

Dakis Hagen QC specialises in Chancery litigation, both commercial and traditional.  His cases usually involve international structures, most often trusts, allegations of fraud or professional negligence and asset tracing.  Dakis is ranked in Chambers & Partners for Chancery: Commercial and Chancery: Traditional as well as for Trusts and Offshore. The Legal 500 ranks him for Civil Fraud, Professional Negligence and Private Client work.  

Before taking silk he won Chancery Junior of the Year at the Chambers Bar Awards (2014). The international nature of Dakis' practice has meant that he is instructed both by London solicitors and also directly from overseas (including from the USA, the Caribbean, Bermuda, Gibraltar and the Channel Islands).  Within the last year he has appeared as leading counsel in courts in Bermuda and Gibraltar as well as frequently in London.  He is co-chairman of the Legal Week Trusts & Estates Litigation Forum (formerly known as the “Provence conference”). 

Areas of Expertise and Cases



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Trusts and Probate

Crociani (appeals) – leading English counsel for one of the main appellants in massive breach of trust litigation in Jersey.  

Barker v Baxendale Walker [2018] 1 W.L.R. 1905 – appeared for appellant in successful appeal (English Court of Appeal) regarding professional negligence claims in relation to a defective employee benefit trust tax scheme.   

Re X, Y, Z Trusts [2017] SC (Bda) 111 Civ – appeared as leading counsel for the majority of the beneficiaries of a suite of Bermuda settlements holding a substantial trading business in proceedings regarding their proposed re-organisation. 

Liberation Management v Rothschild – leading English counsel for corporate trustee in alleged investment management negligence claim in Guernsey (settled confidentially).

Hagen v Hagen – appeared as leading Chancery counsel for the respondent in this substantial and much publicized divorce involving the family behind Viking River Cruises (settled confidentially).

First Names v Zedra – leading English counsel for corporate trustee in alleged investment management negligence claim in Jersey (settled confidentially).

AAZ v BBZ [2017] W.T.L.R. 765– appeared as Chancery counsel for applicant. Largest financial remedy award on divorce in English history (£453m).  Case involved Bermuda trust, Manx and Panamanian companies.

Wooldridge v Wooldridge [2016] Fam. Law 451— among largest Inheritance Act cases to come to trial in England. Represented a successful defendant at trial. In a separate reported judgment ([2016] 3 Costs LO 531) client awarded costs on the indemnity basis.

High Commissioner for Pakistan v National Westminster Bank & Ors [2015] EWHC 3052 (Ch). Case concerning ownership of disputed fund frozen in a London bank since 1948.

Trustee L & Anr v Attorney General & Ors [2015] Bda LR 4 - appeared substantive hearing of long running Beddoe application in Bermuda, first to consider proper stance of trustees of non-charitable purpose trusts faced with an adverse proprietary claim to the whole of their funds.

Rothschild Trust Guernsey Limited v Novatrust Limited - advised Rothschild in a substantial trustee investment negligence case in the Royal Court of Jersey (settled confidentially).

Trilogy Management v YT litigation (eg [2013] JRC 016).  Advised corporate trustee within this $0.5 billion charitable structure in litigation concerning the charity's proposed restructuring.

Walker v Egerton-Vernon [2014] JRC 025 - Dakis represented a corporate defendant in this £127 million breach of trust dispute in Jersey.


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Civil Fraud

Akhemdova v Akhmedov [2018] EWFC 23 – appeared as leading counsel for judgment creditor on enforcement application, regarding ownership of a superyacht allegedly worth $487m, where court pierced corporate veil of a Liechtenstein anstalt, set aside a number of dispositions under s. 423 of Insolvency Act 1986 and extended a worldwide freezing order. 

Kerman v Akhmedova [2018] 4 W.L.R. 52 – appeared in Court of Appeal with Hodge Malek QC in case regarding witness summons of a solicitor ordered to give evidence on whereabouts of client’s assets (following a failed assertion of privilege). Case considered fraud exception and scope of LPP. 

Officeserve Technologies Ltd (In Liquidation) v Anthony-Mike [2017] B.C.C. 574 – represented former Executive Chairman of a failed tech company accused of misapplying corporate funds for his own benefit. 

UL v BK [2013] EWHC 1735 - key case on freezing injunction principles and without notice applications.

CR v MZ & Ors [2013] EWHC 295 sham trust/forgery case relating to the ownership of a substantial London property and its holding company. Appeared for the successful claimant. Claimant won with indemnity costs.

Bagus Investments Limited v Kastening [2012] W.T.L.R. 1675 (Jersey). Rejection of an attempt to introduce into asset tracing proceedings, arising from a criminal fraud, a claim in knowing receipt (rejected on grounds of limitation and a failure properly to plead the relevant cause of action). English counsel for successful respondent.

New Media Holding Company LLC v Capita Fiduciary Group Limited [2010] JRC 117. Rejection of an attempt by a media company embroiled in New York fraud proceedings to obtain wide-ranging Norwich Pharmacal disclosure against an offshore fiduciary services provider. Dakis advised (unled) the successful respondent.

Orconsult Limited v Blickle & Ors [2008] Bda LR 41. Decision regarding the costs of disclosing information to claimants in the context of multi-jurisdictional fraud claims against a third party. Advised a corporate trustee as part of a team led by Alan Boyle QC in relation to proceedings in the Supreme Court of Bermuda.


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Professional negligence

Barker v Baxendale Walker [2018] 1 W.L.R. 1905 – appeared for appellant in successful appeal (English Court of Appeal) regarding professional negligence claims in relation to a defective employee benefit trust tax scheme.  

Liberation Management v Rothschild – leading English counsel for corporate trustee in alleged investment management negligence claim in Guernsey (settled confidentially).

First Names v Zedra – leading English counsel for corporate trustee in alleged investment management negligence claim in Jersey (settled confidentially).

Rothschild Trust Guernsey Limited v Novatrust Limited - advised Rothschild in a substantial trustee investment negligence case in the Royal Court of Jersey (settled confidentially).

Walker v Egerton-Vernon [2014] JRC 025 - Dakis represented a corporate defendant in this £127 million dispute in Jersey regarding alleged investment management negligence.


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Commercial Litigation

Akhemdova v Akhmedov [2018] EWFC 23 – appeared as leading counsel for judgment creditor on enforcement application, regarding ownership of a superyacht allegedly worth $487m, where court pierced corporate veil of a Liechtenstein anstalt, set aside a number of dispositions under s. 423 of Insolvency Act 1986 and extended a worldwide freezing order. 

Mrs Wordsmith Limited v Sand (ongoing) – contractual dispute in London with interlocking rival proceedings in Maryland.  Leading counsel for claimant.

LWR Nominees v Aziz (24/11/2017 Gibraltar) – successful application for a stay of a claim for a declaration of non-enforceability in Gibraltar of future judgments in English proceedings.  Appeared as leading counsel alongside Prof Jonathan Harris QC (Hon.) (general editor of Dicey & Morris). 

Officeserve Technologies Ltd (In Liquidation) v Anthony-Mike [2017] B.C.C. 574 – represented former Executive Chairman of a failed tech company accused of misapplying corporate funds for his own benefit.  Case turned in part on construction of a commercial settlement agreement.   

Liberation Management v Rothschild – leading English counsel for subsidiary of a major bank in alleged investment management negligence claim in Guernsey (settled confidentially).

First Names v Zedra – leading English counsel for former subsidiary of major bank in alleged investment management negligence claim in Jersey (settled confidentially).

Rothschild Trust Guernsey Limited v Novatrust Limited - advised subsidiary of a major bank in a substantial trustee investment negligence case in the Royal Court of Jersey (settled confidentially).

All Quotes

 “Very good in court, very persuasive, highly eloquent and he puts his point across forcefully and clearly” Chambers & Partners 2018

 “Fabulous to work with… technically excellent” Chambers & Partners 2018

“Very good at strategising and winning arguments” Chambers & Partners 2018

“Very appealing in court” Chambers & Partners 2018

“Incredibly clever… Commercial and able to think strategically”  Chambers & Partners 2018

Highly regarded silk Dakis Hagen QC is praised by international sources for his expertise in complex contentious trusts cases with international components. He is highly commended for his “excellent reputation in the trust and matrimonial disputes area”.  Who's Who Legal, Private Client 2017.

Recommendations

Chancery: Commercial (Chambers and Partners 2018)
Chancery: Traditional (Chambers and Partners 2018)
Offshore (Chambers and Partners 2018)
Trusts (Chambers and Partners 2018)
Fraud: civil (Legal 500 2017)
Private client: trusts and probate (Legal 500 2017)
Professional negligence (Legal 500 2017)
Private Client (Who's Who Legal 2017)
Chambers & Partners: UK Bar 100 2014
Chancery Junior of the Year 2014
Prominent barrister: Trusts (Citywealth Leaders' List 2013)
Future Stars of the Bar 2008, The Times (online)

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Dakis Hagen QC

Dakis Hagen QC

Year of Silk: 2017
Year of Call: 2002
Email: dhagen@serlecourt.co.uk

Overview

Dakis Hagen QC specialises in Chancery litigation, both commercial and traditional.  His cases usually involve international structures, most often trusts, allegations of fraud or professional negligence and asset tracing.  Dakis is ranked in Chambers & Partners for Chancery: Commercial and Chancery: Traditional as well as for Trusts and Offshore. The Legal 500 ranks him for Civil Fraud, Professional Negligence and Private Client work.  

Before taking silk he won Chancery Junior of the Year at the Chambers Bar Awards (2014). The international nature of Dakis' practice has meant that he is instructed both by London solicitors and also directly from overseas (including from the USA, the Caribbean, Bermuda, Gibraltar and the Channel Islands).  Within the last year he has appeared as leading counsel in courts in Bermuda and Gibraltar as well as frequently in London.  He is co-chairman of the Legal Week Trusts & Estates Litigation Forum (formerly known as the “Provence conference”). 

Areas of expertise

Recommendations

Chancery: Commercial (Chambers and Partners 2018)
Chancery: Traditional (Chambers and Partners 2018)
Offshore (Chambers and Partners 2018)
Trusts (Chambers and Partners 2018)
Fraud: civil (Legal 500 2017)
Private client: trusts and probate (Legal 500 2017)
Professional negligence (Legal 500 2017)
Private Client (Who's Who Legal 2017)
Chambers & Partners: UK Bar 100 2014
Chancery Junior of the Year 2014
Prominent barrister: Trusts (Citywealth Leaders' List 2013)
Future Stars of the Bar 2008, The Times (online)

Quotes

 “Very good in court, very persuasive, highly eloquent and he puts his point across forcefully and clearly” Chambers & Partners 2018

 “Fabulous to work with… technically excellent” Chambers & Partners 2018

“Very good at strategising and winning arguments” Chambers & Partners 2018

“Very appealing in court” Chambers & Partners 2018

“Incredibly clever… Commercial and able to think strategically”  Chambers & Partners 2018

Highly regarded silk Dakis Hagen QC is praised by international sources for his expertise in complex contentious trusts cases with international components. He is highly commended for his “excellent reputation in the trust and matrimonial disputes area”.  Who's Who Legal, Private Client 2017.

Trusts and Probate

Crociani (appeals) – leading English counsel for one of the main appellants in massive breach of trust litigation in Jersey.  

Barker v Baxendale Walker [2018] 1 W.L.R. 1905 – appeared for appellant in successful appeal (English Court of Appeal) regarding professional negligence claims in relation to a defective employee benefit trust tax scheme.   

Re X, Y, Z Trusts [2017] SC (Bda) 111 Civ – appeared as leading counsel for the majority of the beneficiaries of a suite of Bermuda settlements holding a substantial trading business in proceedings regarding their proposed re-organisation. 

Liberation Management v Rothschild – leading English counsel for corporate trustee in alleged investment management negligence claim in Guernsey (settled confidentially).

Hagen v Hagen – appeared as leading Chancery counsel for the respondent in this substantial and much publicized divorce involving the family behind Viking River Cruises (settled confidentially).

First Names v Zedra – leading English counsel for corporate trustee in alleged investment management negligence claim in Jersey (settled confidentially).

AAZ v BBZ [2017] W.T.L.R. 765– appeared as Chancery counsel for applicant. Largest financial remedy award on divorce in English history (£453m).  Case involved Bermuda trust, Manx and Panamanian companies.

Wooldridge v Wooldridge [2016] Fam. Law 451— among largest Inheritance Act cases to come to trial in England. Represented a successful defendant at trial. In a separate reported judgment ([2016] 3 Costs LO 531) client awarded costs on the indemnity basis.

High Commissioner for Pakistan v National Westminster Bank & Ors [2015] EWHC 3052 (Ch). Case concerning ownership of disputed fund frozen in a London bank since 1948.

Trustee L & Anr v Attorney General & Ors [2015] Bda LR 4 - appeared substantive hearing of long running Beddoe application in Bermuda, first to consider proper stance of trustees of non-charitable purpose trusts faced with an adverse proprietary claim to the whole of their funds.

Rothschild Trust Guernsey Limited v Novatrust Limited - advised Rothschild in a substantial trustee investment negligence case in the Royal Court of Jersey (settled confidentially).

Trilogy Management v YT litigation (eg [2013] JRC 016).  Advised corporate trustee within this $0.5 billion charitable structure in litigation concerning the charity's proposed restructuring.

Walker v Egerton-Vernon [2014] JRC 025 - Dakis represented a corporate defendant in this £127 million breach of trust dispute in Jersey.

Civil Fraud

Akhemdova v Akhmedov [2018] EWFC 23 – appeared as leading counsel for judgment creditor on enforcement application, regarding ownership of a superyacht allegedly worth $487m, where court pierced corporate veil of a Liechtenstein anstalt, set aside a number of dispositions under s. 423 of Insolvency Act 1986 and extended a worldwide freezing order. 

Kerman v Akhmedova [2018] 4 W.L.R. 52 – appeared in Court of Appeal with Hodge Malek QC in case regarding witness summons of a solicitor ordered to give evidence on whereabouts of client’s assets (following a failed assertion of privilege). Case considered fraud exception and scope of LPP. 

Officeserve Technologies Ltd (In Liquidation) v Anthony-Mike [2017] B.C.C. 574 – represented former Executive Chairman of a failed tech company accused of misapplying corporate funds for his own benefit. 

UL v BK [2013] EWHC 1735 - key case on freezing injunction principles and without notice applications.

CR v MZ & Ors [2013] EWHC 295 sham trust/forgery case relating to the ownership of a substantial London property and its holding company. Appeared for the successful claimant. Claimant won with indemnity costs.

Bagus Investments Limited v Kastening [2012] W.T.L.R. 1675 (Jersey). Rejection of an attempt to introduce into asset tracing proceedings, arising from a criminal fraud, a claim in knowing receipt (rejected on grounds of limitation and a failure properly to plead the relevant cause of action). English counsel for successful respondent.

New Media Holding Company LLC v Capita Fiduciary Group Limited [2010] JRC 117. Rejection of an attempt by a media company embroiled in New York fraud proceedings to obtain wide-ranging Norwich Pharmacal disclosure against an offshore fiduciary services provider. Dakis advised (unled) the successful respondent.

Orconsult Limited v Blickle & Ors [2008] Bda LR 41. Decision regarding the costs of disclosing information to claimants in the context of multi-jurisdictional fraud claims against a third party. Advised a corporate trustee as part of a team led by Alan Boyle QC in relation to proceedings in the Supreme Court of Bermuda.

Professional negligence

Barker v Baxendale Walker [2018] 1 W.L.R. 1905 – appeared for appellant in successful appeal (English Court of Appeal) regarding professional negligence claims in relation to a defective employee benefit trust tax scheme.  

Liberation Management v Rothschild – leading English counsel for corporate trustee in alleged investment management negligence claim in Guernsey (settled confidentially).

First Names v Zedra – leading English counsel for corporate trustee in alleged investment management negligence claim in Jersey (settled confidentially).

Rothschild Trust Guernsey Limited v Novatrust Limited - advised Rothschild in a substantial trustee investment negligence case in the Royal Court of Jersey (settled confidentially).

Walker v Egerton-Vernon [2014] JRC 025 - Dakis represented a corporate defendant in this £127 million dispute in Jersey regarding alleged investment management negligence.

Commercial Litigation

Akhemdova v Akhmedov [2018] EWFC 23 – appeared as leading counsel for judgment creditor on enforcement application, regarding ownership of a superyacht allegedly worth $487m, where court pierced corporate veil of a Liechtenstein anstalt, set aside a number of dispositions under s. 423 of Insolvency Act 1986 and extended a worldwide freezing order. 

Mrs Wordsmith Limited v Sand (ongoing) – contractual dispute in London with interlocking rival proceedings in Maryland.  Leading counsel for claimant.

LWR Nominees v Aziz (24/11/2017 Gibraltar) – successful application for a stay of a claim for a declaration of non-enforceability in Gibraltar of future judgments in English proceedings.  Appeared as leading counsel alongside Prof Jonathan Harris QC (Hon.) (general editor of Dicey & Morris). 

Officeserve Technologies Ltd (In Liquidation) v Anthony-Mike [2017] B.C.C. 574 – represented former Executive Chairman of a failed tech company accused of misapplying corporate funds for his own benefit.  Case turned in part on construction of a commercial settlement agreement.   

Liberation Management v Rothschild – leading English counsel for subsidiary of a major bank in alleged investment management negligence claim in Guernsey (settled confidentially).

First Names v Zedra – leading English counsel for former subsidiary of major bank in alleged investment management negligence claim in Jersey (settled confidentially).

Rothschild Trust Guernsey Limited v Novatrust Limited - advised subsidiary of a major bank in a substantial trustee investment negligence case in the Royal Court of Jersey (settled confidentially).

Qualifications

MA (double first) - Peterhouse, Cambridge

University GDL - City University

Lord Mansfield, Lord Bowen and Hardwicke Scholar - Lincoln's Inn

Memberships

Chancery Bar Association

Commercial bar Association

 

 

Publications

Void vetoes and judicial discretions: recent developments in the law of disclosure in private trust administration (J.I.T.T.C.P. 2015, 22(1), 5-12)

What's past is prologue or is it? Re the Representation of BB  and its consequences (T.&T. 2013, 19(5), 469-474)

Judiciously encouraging: the advantages, disadvantages and scope of the  Thomas principle (Trusts & Trustees, 17(9): 840-845)

Former editor of the Practical Law Company's online guide to the rule in Re Hastings-Bass

The unruly rule in Re: Hastings-Bass: are the limits still unclear? (Trusts & Trustees 2007 13(7): 238-241)

Languages

French (good working knowledge)


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