Overview

Ruth den Besten is a senior junior practitioner with substantial expertise in heavy commercial litigation, civil fraud and insolvency. She has secured recent successes in the Commercial Court (Tatneft PJSC v (1) Bogolyubov, (2) Kolomoisky & Ors [2016] EWHC 2816 (Comm)), Court of Appeal (Ras Al Khaimah Investment Authority v Bestfort Development LLC [2016] EWCA Civ 1099) and Supreme Court (Lehman Brothers – Waterfall I [2017] UKSC 38).

Ruth is recommended in a number of areas by Chambers and Partners and the Legal 500 and is described variously as ‘‘A tenacious advocate and a tremendous person to have in any complex litigation’, “excellent at cross-examination and in court generally" and ‘A wonderful talent – energetic and hugely enjoyable to work with’.

Areas of expertise

• Banking
• Chancery
• Commercial Litigation
• Company
• Insolvency
• Civil Fraud
• Professional Negligence

Recommendations

Quotes

Banking

Ruth has a strong banking and finance practice. As well as acting in the Lehman Brothers administration, she was engaged on behalf of JSC BTA Bank of Kazakhstan in the proceedings brought against its former chairman, Mukhtar Ablyazov, for the substantial misappropriation of assets, and by Jyske Bank (Gibraltar) in respect of claims made in dishonest assistance. Ruth regularly advises on banking and security instruments, and in relation to the wrongful sale of interest rate hedging products. 

Notable/recent cases include:

Cinque Ports & Ors v Federal Bank of the Middle East (FBME): Represented FBME in its application to set aside a default judgment obtained in the sum of £200m. and which could, if enforced, have had significant repercussions for the Cypriot banking system. 

Belltrey v Newcote International Limited [2013] EWHC 3500 (Ch.) Dispute concerning the grant of security to the principal funder of a substantial gaming company.

JSC BTA Bank v Mukhtar Ablyazov & Ors [2013] EWHC 510 (Comm.) Successfully represented BTA Bank of Kazakhstan in proceedings brought to recover $1.5bn misappropriated by the Bank’s majority shareholder and chairman.

Bank of St Petersburg OJSC & Anor v Vitaly Arkhangelsky & Anor [2012] EWHC 2842 (Ch.) Represented the Bank and its chairman in proceedings to recover over £50m. claimed to be due from a former Russian oligarch.

Re Coroin Limited; McKillen v Misland (Cyprus) Limited [2012] EWHC 2343 (Ch.) Instructed in a dispute between shareholders of Coroin, the owner of Claridges, the Berkeley and the Connaught hotels, concerning, inter alia, the enforcement of a series of bank charges upon alleged default.

Halifax v Walkers Advised defendant firm of solicitors in relation to an alleged mortgage fraud, where the loss alleged appeared to have been caused by the Bank’s negligent lending.

Lexi Holdings Plc v Pannone & Partners [2009] 2 BCLC 1: Instructed in substantial proceedings concerning liability for the substantial losses caused to Barclays & other lenders follow the collapse of Lexi Holdings (a property finance company) with debts exceeding £120m.

Commercial Litigation

Ruth has a very strong commercial practice. She has been instructed in some of the most substantial proceedings recently heard in the Commercial Court and Chancery Division including the proceedings brought by Constantin Medien AG against Bernie Ecclestone and others, and is presently engaged in very sizeable litigation emanating from Russia, Ukraine and Georgia.

Notable/recent cases include:

Tatneft PJSC v (1) Bogolyubov, (2) Kolomoisky & Ors [2016] EWHC 2816 (Comm). Successfully secured the set-aside of freezing relief obtained against Ukrainian oligarchs by a Russian oil company, and the strike out of the underlying proceedings. 

Ras Al Khaimah Investment Authority v Bestfort Development LLC [2016] EWCA Civ 1099. Successfully obtained security for costs in ancillary freezing order proceedings brought by entities associated with the government of Ras Al Khaimah. In addition, in Ras Al Khaimah Investment Authority v Bestfort v Ors [2015] EWHC 3383 (Ch.), successfully resisted the grant of ancillary relief, including novel orders sought for the appointment of worldwide receivers. 

Orb ARL & Ors v Andrew Ruhan & Ors [2015] EWHC 262 (Comm.) Appeared in this substantial, multi-party, hearing relating to the amendment of proceedings to introduce breach of trust claims and in which substantial abuse of process was alleged.

Belltrey v Newcote International Limited [2013] EWHC 3500 (Ch.) Dispute concerning the grant of security to the principal funder of a substantial gaming company.

JSC BTA Bank v Mukhtar Ablyazov & Ors [2013] EWHC 510 (Comm.) Successfully represented BTA Bank of Kazakhstan in proceedings brought to recover $1.5bn misappropriated by the Bank’s majority shareholder and chairman.

Bank of St Petersburg OJSC & Anor v Vitaly Arkhangelsky & Anor [2012] EWHC 2842 (Ch.) Represented the Bank and its chairman in proceedings to recover over £50m. claimed to be due from a former Russian oligarch.

Re Coroin Limited; McKillen v Misland (Cyprus) Limited [2012] EWHC 2343 (Ch.) Acted for Patrick McKillen in relation to a dispute over ownership and control of Claridges, the Berkeley and the Connaught hotels.

Pink Floyd Music Ltd & Anor v EMI [2010] EWHC 533 (Ch.) Represented EMI in a dispute with Pink Floyd concerning the rights to sell recordings online.

Lexi Holdings Plc [2009] 2 BCLC 1, [2008] 2 BCLC 725 Acted in this substantial case arising from the collapse of a bridging loan company, with £multi-million misappropriations having been made by its principal, Shaid Luqman.

Company

Ruth has a very strong company practice. In recent years she has advised and acted in a range of company law matters including numerous proceedings for breach of fiduciary duty, the bringing of just and equitable winding up proceedings and deriative claims. 

Notable/recent cases include:

In Re Quiet Moments Limited [2013] EWHC 3806 (Ch) Shareholders dispute and winding up petition brought in respect of substantial property development company.

Bellfrey v Newcote International Limited [2013] EWHC 3500 (Ch).  Acted in substantial dispute between the owners and management of "Bet Victor"

Re Coroin Limited; McKillen v Misland (Cyprus) Limited [2012] EWHC 2343 (Ch.) Instructed on behalf of Patrick McKillen in a dispute between shareholders of Coroin, the owner of Claridges, the Berkeley and the Connaught hotels.

New Southgate Metals v Mitchell & Ors Successfully represented a company which has stripped of its assets by its former directors by way of a purported sale and leaseback transaction.

Dimitri Iesini v Westrip Holdings & Ors [2009] EWHC 2526 (Ch). Leading authority on applications for permission to bring derivative actions. The case also raised substantial issues relating to the issuance of share capital.

Lexi Holdings Plc [2009] 2 BCLC 1, [2008] 2 BCLC 725. Instructed in substantial proceedings concerning liability for the substantial losses caused to Barclays & other lenders follow the collapse of Lexi Holdings (a property finance company) with debts exceeding £120m. Key decision of the Court of Appeal dealing with the liability of company directors for their negligent failure to act to prevent the commission of fraud.

Insolvency

Ruth has a very strong insolvency practice. She is presently instructed by the administrators of Lehman Brothers Limited in the Waterfall I and III proceedings, and by the administrators of the BHS Group, for whom she has recently obtained an order winding up Retail Acquisitions Limited, the company which purchased BHS for £1.

Notable/recent cases:

The Joint Administrators of LB Holdings Intermediate 2 Limited & Ors (Lehman Brothers – Waterfall I) [2017] UKSC 38. Successfully appeared for the administrators of Lehman Brothers Limited in the Supreme Court. 

BHS Group Limited (In Administration) v Retail Acquisitions Limited [2017] EWHC 1057 (Ch): Successfully obtained a winding up order against Retail Acquisitions Limited, the company owned by Dominic Chappell which famously bought BHS for £1.

Optima Worldwide Group Plc v Fox-Davies Capital (Jersey) Limited & Anor: Appeared on a disputed winding up petition in relation to the withholding of monies payable on a share purchase agreement. The petition raised important points of the strength of cross-claims required to resist the application of the jurisdiction

Cinque Ports & Ors v Federal Bank of the Middle East (FBME): Represented FBME in its application to set aside a default judgment obtained in the sum of £200m. and which could, if enforced, have had significant repercussions for the Cypriot banking system. The case raised multiple new points of cross-border insolvency law.

Civil Fraud

Ruth joined chambers following a placement within the Peters & Peters civil fraud team and has since been instructed on numerous high profile, high value, fraud cases. She regularly advises on claims in fraud and on obtaining and setting aside freezing and other injunctive orders, both by herself and as part of a QC led team.  

Tatneft PJSC v (1) Bogolyubov, (2) Kolomoisky & Ors [2016] EWHC 2816 (Comm). Successfully secured the set-aside of freezing relief obtained against Ukrainian oligarchs by a Russian oil company, and the strike out of the underlying proceedings. 

Ras Al Khaimah Investment Authority v Bestfort Development LLC [2016] EWCA Civ 1099. Successfully obtained security for costs in ancillary freezing order proceedings brought by entities associated with the government of Ras Al Khaimah. In addition, in Ras Al Khaimah Investment Authority v Bestfort v Ors [2015] EWHC 3383 (Ch.), successfully resisted the grant of ancillary relief, including novel orders sought for the appointment of worldwide receivers. 

Ashman & Ors v Briers Successfully obtained summary judgment against the chief executive of a charity who had misappropriated substantial funds for his own benefit, supported by freezing relief (Mann J, December 2015). Also successfully resisted an application to discharge freezing relief on the grounds of hardship.

JSC BTA Bank v Mukhtar Ablyazov & Ors [2013] EWHC 510 (Comm.) Successfully represented BTA Bank of Kazakhstan in proceedings brought to recover $1.5bn misappropriated by the Bank’s majority shareholder and chairman.

Bank of St Petersburg OJSC & Anor v Vitaly Arkhangelsky & Anor [2012] EWHC 2842 (Ch.) Represented the Bank and its chairman in proceedings to recover over £50m. claimed to be due from a former Russian oligarch.

New Southgate Metals v Mitchell & Ors Successfully represented a company which has stripped of its assets by its former directors by way of a purported sale and leaseback transaction.

Karren Brady & West Ham FC Ltd v (1) PKF (UK) LLP, (2) Howard Hill and (3) Tottenham Hotspur Plc [2011] EWHC 3178 (QB) Represented PKF (UK) LLP in answer to an application for Norwich Pharmacal relief relating to the unauthorised obtaining, possession and disclosure of mobile telephone records.

Lexi Holdings Plc [2009] 2 BCLC 1, [2008] 2 BCLC 725 Substantial litigation following the collapse of this property company, with £multi-million claims committed by its principal, Shaid Luqman (in the event, twice held to be in contempt of court). See also [2009] 2 BCLC 1, the leading decision of Court of Appeal on the liability of company directors for their negligent failure to prevent fraud on the company and Serious Fraud Office v Lexi Holdings Plc & Anor, TLR, 18 August 2008 (CA)( variation of restraint orders).

Professional Negligence

Ruth has a very strong professional negligence practice and is currently engaged in advising in respect of a substantial claim against auditors. In addition to the cases below she regularly advises in relation to notified claims at the pre-action stage.

Notable/recent cases include:

Hill (In Liquidation) v KPMG Limited: Claim in respect of alleged negligent auditing of insurance company.

GML (UK) (Saxby) v Pitmans LLP: instructed in proceedings concerning the defendant firm’s allegedly negligent drafting of a pre-pack administration agreement for certain Burger King franchises.

Ghosh & Anor v Lewis Silken: instructed in proceedings concerning a top city law firm’s alleged negligent performance of a retainer to sell of an internet search company.

Ellis & Ors v Bristows (A Firm); Hetherington & Ors v Bristows (A Firm) Advised in relation to  the allegedly negligent restructuring of offshore trust vehicles.

Capital Home Loans Limited v M and M Solicitors: representing the defendant firm of solicitors in relation to alleged negligence and/or mortgage fraud.

Rudyard Kipling Thorpe (acting as litigation friend) v Fellowes (A Firm) [2011] PNLR 13. Leading authority on the requirement of solicitors to obtain instructions from an elderly vendor prior to sale of a property.

ELS International Lawyers LLP v Joe Ezaz; Stirling Mortimer Global Property Fund PCC v ELS International Lawyers LLP & Joe Ezaz. Represented individual defendant alleged to be responsible for loss of €9m held in escrow in a solicitor’s client account.

Axa Insurance Limited v Composite Legal Services Limited [2010] 1 WLR 1662. Represented a number of solicitors insured by WR Berkley in the “TAG 2” Litigation, a 75 party action managed by the Commercial Court, including successfully before the Court of Appeal in a key decision on limitation in solicitors’ negligence cases.

Lexi Holdings v Pannone & Partners Acted for the administrators on behalf of this substantial claim arising out of the collapse of a property bridging company.

Qualifications

BA (First Class) Jesus College, Oxford
Dip Law, City University
Queen Mother's Scholar, Fox Scholar and Hamsworth Exhibitioner (Middle Temple)
Sankey Scholar (Jesus College, Oxford)

Memberships

Commercial Bar Association
Chancery Bar Association

www.serlecourt.co.uk t: 44 (0)20 7242 6105   f: +44 (0)20 7405 4004 rdenbesten@serlecourt.co.uk