Chambers UK 2021

The experienced commercial barristers at Serle Court are routinely instructed in high-profile fraud cases on both a domestic and international scale. Members offer significant expertise in claims involving allegations of bribery, as well as the tracing, freezing and recovery of assets across a wide range of jurisdictions. Several of the set's instructions involve offshore jurisdictions such as the Cayman Islands, Bermuda and the BVI, while the team is also regularly instructed in disputes arising in Russia and the Middle East. Recent work handled by the set includes acting for one of the defendants in The Public Institution for Social Security v Al-Rajaan, an USD800 million fraud claim brought by the Kuwaiti state involving allegations of bribery and collusion.

Client Service: "There is a real collaborative effort within the set and the clerks are very responsive, helpful and commercial." "The clerks are friendly, approachable and happy to accommodate requests." "Charlie Payne and Adam Bell are excellent - they're extremely efficient and turn around instructions very quickly."  

Silks

Elizabeth Jones QC: "She is impressive in court and very good at making submissions." "Her fraud brain is incredible - she is technically bright and astute and for complex issues she is a go-to person."

Dominic Dowley QC: "He is incredibly effective." "A reliable and bright barrister."

Philip Marshall QC: "One of the top barristers around - he has massive experience, is super quick and very academically clever." "He is ruthlessly efficient and gets the job done." "He is impressively quick on his feet."

Philip Jones QC:  "A fantastic barrister with a huge brain." "He is impressive and clear in his submissions."

Hugh Norbury QC: "An incredible barrister who is very engaging, deals with clients incredibly well and has a great command of the law." "He is highly competent and clever."

Jonathan Adkin QC:  "A brilliant advocate." "He is very calm, extremely thorough and very direct in his advocacy."

Justin Higgo QC: "He is enthusiastic, great on his feet and has a really nice attitude in court." "He is very robust and has great knowledge of civil fraud."

Juniors

Nicholas Harrison: "Very reliable and a good advocate."

David Drake: "He is great at analysing academically tricky areas." "A great advocate with a first-class brain who is also fantastic on paper." "He is a pleasure to work with and is a QC in all but name."

Simon Hattan: "A brilliant senior junior who is very strategic. He is great if you have a thorny issue that you want to navigate around." "He knows the law back to front and he pleads his cases thoroughly."

Matthew Morrison: "A clever barrister." "He is highly efficient, knows the law inside out and produces quality work."

Dan McCourt Fritz: "He is very hard-working." "He is user-friendly, sharp and bright." "A rising star and an absolute pleasure to work with."

Legal 500 2021

"The quality is excellent" at Serle Court which is "a go-to set for fraud claims generally". Clients rate the strength in depth, where "from the top to the bottom they're high-quality barristers and I've not come across one I wouldn't instruct".

Silks

Alan Boyle QC: "An absolute delight to work with - his levels of accessibility, kindness and general helpfulness are more associated with a very junior barrister looking to build their network and are a testament to him."

Elizabeth Jones QC: "A truly brilliant silk."

Dominic Dowley QC: "Happy to either provide high level legal guidance or roll his sleeves up to do more routine work, whatever helps the team."

Philip Marshall QC: "A brilliant tactician and a formidable advocate who leaves no stone unturned to win a case."

Philip Jones QC: "The kind of silk that can turn a case around and is never without a solution for the most difficult of problems."

Hugh Norbury QC: "An outstandingly capable silk - immensely engaging and always a pleasure to work with."

Jonathan Adkin QC: "A passionate and highly intelligent advocate - the clients love his approach in conference and in court."

Daniel Lightman QC: "Fantastically bright and has very good strategic sense. Daniel is a pleasure to work with and has a wonderful demeanour with clients."

Dakis Hagen QC: "Delightful and hugely capable young silk - brilliant with clients and very hard working."

Justin Higgo QC: "He's brilliant - really clever, sees the way through complex matters as if they're simple."

Juniors

Nicholas Harrison: "Creative, with an immense ability to resolve the most challenging of legal issues as if second nature."

David Drake: "One of the smartest lawyers one could possibly meet – never intimidated by any legal issue and an immense talent."

Simon Hattan: "Marvelous - thorough, intelligent, fights a client's case and can be relied upon completely."

Matthew Morrison: "A very hard working junior, provides excellent support, and is a good team player."

Dan McCourt Fritz: "He has a fierce intellect and is a brilliant advocate, and is also superb with clients and, which really marks him out."

Paul Adams: "He is astonishingly bright: he sees and understands issues and the interaction between them instantly; his knowledge of the law and his ability to recall authority relevant to any given situation is, in my experience, without equal."

HMRC v IGE USA Investments [2020] EWHC 2121 (Ch):

A claim arising from the Revenue’s contention that it has rescinded tax settlements with the UK Subgroup of the US conglomerate worth upwards of £650m. In this interim decision Zacaroli J granted the Claimant’s permission to amend the claim to allege fraud, and in so doing held that the claim was not subject to a 6-year limitation period by analogy with the tort of deceit (which decision is currently on appeal to the Court of Appeal).

SPI North Ltd v Swiss Post International (UK) Ltd [2020] EWHC 3268 (Ch):

David Drake acted for the successful defendants in SPI North Ltd v Swiss Post International (UK) Ltd [2020] EWHC 3268 (Ch), where the court had to consider the practical limits to the permission, frequently given to respondents to an amendment application, to make "consequential" amendments to their own responsive statement of case. 

Please click here to view the judgment.

Taylor v Rhino Overseas Inc. [2020] EWCA Civ 353:

Lance Ashworth QC and Dan McCourt Fritz represented the Respondents in an appeal from the decision of Julia Dias QC as a High Court Judge [2019] EWHC 1951 (Ch).  The Court of Appeal held that the Judge had been right to say that agency did not extend to allow the party to enter into the contract as agent for an undisclosed principal. Further, it upheld the Judge’s findings that the relevant agent was not, in any event, intended to be a party to the contract.  Appeal was dismissed.

Please click here to view the judgment.

Christoforou v Christoforou [2020] EWHC 1196 (Ch):

In Christoforou v Christoforou [2020] EWHC 1196 (Ch) the High Court struck out allegations of dishonesty, fraud, and illegality from an Amended Defence and excluded those allegations from consideration (and cross-examination) at trial.  Giving judgment HH Judge Stephen Eyre QC (sitting as a High Court Judge) found that the allegations amounted to similar fact of evidence but that they were of “peripheral” value to the Claimant’s claim that a London property is held on trust for him pursuant to a common intention constructive trust. Allowing the allegations to remain, he held, would have greatly increased the cost, and risked an adjournment, of the trial. Daniel Lightman QC and Stephanie Thompson represent the Claimant. The trial is due to take place in July 2020.

Please click here to view the judgment. 

Taylor v Van Dutch:

Lance Ashworth QC and Dan McCourt Fritz represented the Defendants in a 6-day Chancery Division trial, defeating claims for conspiracy to defraud in connection with the Van Dutch luxury yachts in Taylor v Van Dutch.

Novoship (UK) Limited and Ors v Mikhaylyuk and Or:

In proceedings which have their origin in the successful judgment in Novoship v Mikhaylyuk [2012] EWHC 3586 (Comm) in which Dominic Dowley QC acted for the Novoship parties. Dominic Dowley QC, Justin Higgo and Eleni Dinenis represented the Novoship parties in the interlocutory stages of further commercial court proceedings for alleged breach of confidence. 

Filatona Trading Ltd & Anor v Navigator Equities Ltd & Ors [2020] EWCA Civ 109:

James Weale appeared for the Defendants in the Court of Appeal in Filatona Trading Ltd v Navigator Equities Ltd. The appeal concerns the interrelationship between contractual estoppel and principles of agency law in the context of a $100 million arbitration dispute. 

Please click here to view the judgment. 

O’Brien v Moneycorp:

Lance Ashworth QC and Dan McCourt Fritz successfully represented the Claimant in O'Brien v Moneycorp in Commercial Court proceedings concerning the sale and purchase of the entire share capital of a foreign exchange trading business. 

Renova Industries Ltd & ors v Emmerson International Corporation & ors:

Philip Marshall QC and Oliver Jones continue to represent Emmerson International Corporation and others in proceedings in the BVI in a dispute worth circa US$1 billion between two prominent Russian businessmen concerning a joint venture relating to power generation assets in Russia (Renova Industries Ltd v Emmerson International Corporation). The proceedings involve contractual claims and claims for breach of trust and dishonest assistance, deceit, conspiracy to injure and other economic torts. There have been numerous interlocutory hearings and appeals in 2019, including a successful appeal by Emmerson to the Privy Council, where it was held that provisions for ancillary disclosure in a freezing injunction are not severable and amount to "an injunction" for the purpose of the rules governing leave to appeal in the BVI ([2019] UKPC 24). 

Please click here to view the latest judgment. 

Magdeev v Tsvetkov & Ors:

Jonathan Adkin QC and Adil Mohamedbhai continued to act in Magdeev v Tsvetkov & Ors, one of the most high-profile pieces of civil fraud litigation in the High Court involving various Russian individuals who had invested in a jewellery business in the UAE and Cyprus. The case is set for a three-week trial in the Commercial Court. 

Spokane v CMS:

Justin Higgo QC and Stephanie Thompson acted for a private equity fund in proceedings for breach of fiduciary duty against its former solicitor in Spokane v CMS, billed as one of the top 10 commercial court trials for 2019. 

Public Institution for Social Security of Kuwait v Man Group PLC plus 37 other defendants:

Public Institution for Social Security of Kuwait v Man Group PLC plus 37 other defendants, involving Jonathan Adkin QC and Charlotte Beynon for the fourth defendant and Philip Marshall QC and Simon Hattan for the fifth defendant, is one of the largest fraud disputes ever heard in the commercial court. in its High Court claim, the Public Institution for Social Security alleges it is owed $847.7 million as a result of a large-scale fraud by its former director-general, Fahad Maziad Rajaan Al-Rajaan. With allegations of bribery and corruption spanning three decades. This case featured in The Lawyer's Top 20 Cases of 2020.

Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm):

Hugh Norbury QC and Adil Mohamedbhai appeared in Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm) a contractual and civil fraud dispute which was tried before Moulder J in the Commercial Court over three weeks. This is an important decision on the law of affirmation of contracts procured by bribes and on the construction of exclusion clauses. 

Please click here to view the judgment. 

Business Energy Solutions v Scrivener & Ors:

In Business Energy Solutions v Scrivener & Ors Philip Marshall QC, Matthew Morrison and Gregor Hogan act for the claimant in an unlawful menas conspiracy claim against defendants who are alleged to have induced BES's customers to breach their contractual obligations and otherwise interfered unlawfully in BES's business. Philip Marshall QC, Dan McCourt Fritz and Zahler Bryan acted in a related breach of confidence claim against one of the BES's former employees. 

Akhmedova v Akhmedov [2018] EWFC 23:

Dakis Hagen QC appeared for the applicant in Akhmedova v Akhmedov [2018] EWFC 23 in which the High Court, as part of satisfaction of England's largest divorce award, transferred to the applicant ownership of a superyacht allegedly worth $487m, pierced the corporate veil of a Leichtenstein anstalt, set aside a number of dispositions under s. 423 of the Insolvency Act 1986 and extended a worldwide freezing order.

Please click here to view the judgment.

St John’s Trust Company (Pvt) Ltd v Tamine [2018] EWHC 3629 (Ch):

Dakis Hagen QC and Emma Hargreaves are acting for the trustee of a Bermuda trust, with assets worth billions of dollars, in proceedings against its former director who refused to hand over trust property following his resignation. In the recent judgment, St John's Trust Company (Pvt) Ltd v Tamine [2018] EWHC 3629 (Ch) they successfully obtained interim relief (along with indemnity costs) against the former director under section 25 if the Civil Jurisdiction and Judgments Act 1982 in support of the Bermuda proceedings. 

Please click here to view the judgment.

Glenn v Watson [2018] EWCH 2016 (Ch):

Elizabeth Jones QC, Justin Higgo, Gareth Tilley, Paul Adams, Zahler Bryan and Oliver Jones continue to act for Sir Owen Glenn and his company, Kea Investments Limited in their dispute with New Zealand businessman Eric Watson, following the judgment in Glenn v Watson [2018] EWCH 2016 (Ch) in which Kea suceeded in establishing its entitlement to set aside agreements relating to a joint venture etween Sir Owen and Eric Watson on the baiss of (i) fraudulent misrepresentations made on behalf of Mr Watson, (ii) breach of Mr Watson's fiduciary duty to Kea. The court gave an important decision on equitable interest, awarding interest of 6.5% compounded annually, at [2018] EWCH 2016 (Ch). Litigation continues as Kea seeks to enforce its judgment againts Mr Watson's assets in the UK and internationally. 

Please click here to view the judgment. 

Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 1533 (Comm):

In Accident Exchange v McLean & Ors, Hugh Norbury QC, Dan McCourt Fritz, and Charlotte Beynon continue to act for Keoghs, one of three firms of solicitors joined to Accident Exchange's £130m conspiracy claim relating to Autofocus' "perjury on an industrial scale". Following successful applications by Keoghs and the other firms for security for costs, the claim settled shortly before trial. 

Please click here to view the judgment. 

Instant Access Properties v Rosser [2018] EWHC 756 (Ch):

Lance Ashworth QC and Matthew Morrison secured judgment secured judgment for the First Defendant , Mr Rosser in Instant Access Properties v Rosser successfully defeating a fraudulent trading and breach of fiduciary duty claim of £35 million.

Please click here to view the judgment. 

JSC BTA Bank v Ablyazov & Anor [2018] EWCA Civ 1176:

Philip Jones QC acted for the Kazakh bank BTA in its claim to recover in excess of $4bn from which it has been defrauded by Mukhtar Ablyazov. He was involved in a trial that sought to recover assets from Mukhtar Ablyazov's son.

Please click here to view the judgment.

Dubai Islamic Bank PJSC v Ridley [2017] JRC204:

In Dubai Islamic Bank PJSC v Ridley [2017]JRC204 Matthew Morrison assisted with the defence of Jersey proceedings brought by the bank seeking to trace allegedy misappropriated assets into a discretionary trust. A novel issue raised by the case was whether the govenring law clauses of certain contracts, relied upon as establishing fiduciary duties for the purposes of the bank's proprietary claims, could validly incorporate principles of Sharia law as a matter of Jersey private international law. The Royal Court overturned the Master's decision to strike out Mr Ridley's defences based upon such Sharia law principles and the proceedings have now been discontinued by the bank. 

Please click here to view the judgment. 

Liongate SPC v Dilard and Ors:

John Machell QC and Oliver Jones acted for two of six defendants defending claims valued at over £50m arising out of the sale of the defendants' fund of hedge funds business. Oliver Jones acted for the second defendant, an individual. John Machell QC acted for the fifth defendant, a trustee, and also acts in related proceedings in the Cayman Grand Court, a case concerning the authority of directors of the fund management vehicle and the proprietary consequences of an alleged lack of authority.

ECO Quest plc v GFI Consultants Ltd:

David Casement QC and Sophie Holcombe acted for ECoquest a company that specializes in ethical investments, to recover £2.2m of losses arising from a fraudulent scheme which offered investment in Brazilian teak plantations. 

Bank Alkhair BSC v Al Refai:

Lance Ashworth QC and Dan McCourt Fritz successfully represented the claimants in Bank Alkhair BSC v Al Refai in the Commercial Court securing judgment for recognition od a Bahraini judgment and defeating a US$25M counterclaim.

Conapro-Dena v Republic of Gambia:

Elizabeth Jones QC and Jonathan McDonagh acted for the Government of the Gambia in defence of a claim under a purported contract for the purchase of oil, which the Government alleges was a contract procured by bribery.

Tatneft v Bogolyubov & Ors [2016] EWHC 2816 (Comm):

Jonathan Adkin QC continues to represent Igor Kolomoisky, a Ukrainian oligarch in substantial Commercial Court proceedings brought by Tatneft,an oil producer part owned by the Russian state. 

Please click here for the judgment.

First Peninsula Trustees Limited v Picard & others:

Alan Boyle QC and Giles Richardson act in proceedings in the BVI and Bermuda for trustees holding the proceeds of commission payments made by Madoff feeder funds to their investments adviser in defending claims by the liquidators of the funds. 

Constantin Medien [2017] EWHC 131 (Comm):

Philip Marshall QC and James Mather acted for Constantin Medien in a claim against Bayerische Landesbank for US$130m arising out of the sale in 2006 of the bank's stake in Formula One under the influence of a bribe paid to its senior official. 

Please click here for the judgment.

Secretary of State for Health & Ors v Servier Laboratories Ltd:

Rejected the defendants' attempt to rely on a French criminal statue in order to resist providing further information and disclsoure.

Legal Week:

'Big Data, Coronavirus and Cryptocurrencies: The Changing Face of Fraud' article by Sophia Hurst