Chambers UK 2021

Serle Court maintains a solid reputation for company law work, particularly as it pertains to contentious matters such as breach of duty claims, derivative claims and shareholder disputes. Members here are frequently engaged to advise on matters with significant cross-border dimensions, including those in the BVI, Hong Kong and the Cayman Islands. Recent instructions include a role in significant shareholders' litigation concerning the Kings Solution Group. Several members continue to be involved in the major Edwardian Group litigation. Interviewees report: "The set has great strength and depth and very capable barristers," and: "The set is extremely good; the barristers are all nice to work with and take responsibility for the work they do. There is a collaborative feel to the set."

Client Service: "The clerks are very responsive, helpful and commercial." "They're efficient, friendly and sensible." "It's a very well-organised set."

Silks:

Alan Boyle QC: "He has a tremendous courtroom manner and is able to hold the court's attention. He gets to the kernel of the issue and has the ability to assimilate a huge volume of information."

Lance Ashworth QC:  "Lance’s strength is that he gives robust advice. He is client-friendly and efficient with his paperwork."

Philip Marshall QC: "He is an extraordinary advocate of huge energy and enthusiasm."

Philip Jones QC: "He's very responsive and clear-minded which, from a strategic point of view, is very helpful."

David Blayney QC: "He's very easy to deal with and particularly good from a strategic point of view."

Daniel Lightman QC: "Daniel is excellent; he's responsive and works hard."

Timothy Collingwood QC: "Tim is easy to work with as he's bright, efficient, and pragmatic."

Juniors:

David Drake: "He is knowledgeable in the area, user-friendly and able to think laterally and come up with solutions."

Paul Adams: "His knowledge is astonishing and his writing is incredibly polished. He absolutely shines."

Legal 500 2021

Silks:

Alan Boyle QC: "Very responsive and experienced. He is an absolute delight to work with."

Phillip Marshall QC: "An exceptionally intelligent and thorough individual."

Philip Jones QC: "He provides clear, concise oral advice and it is clear that he is always on top of the papers."

Lance Ashworth QC:"Bright and engaging."

Daniel Lightman QC: "Extremely bright, is inventive with his arguments and has good judgement."

Timothy Collingwood QC: "Noted for breach-of-duty cases."

Juniors:

David Drake: "Clever and a pleasure to work with."

Giles Richardson: "Quick and incisive, good with clients and fun to work with."

Thomas Braithwaite: "Super efficient! Very knowledgeable and able to simplify very complex matters."

Matthew Morrison: "His analysis of the issues is always very articulate and thorough."

Dan McCourt Fritz: "A collaborative team player who is great on detail."

Paul Adams: "Excellent, and always proactive and helpful."

Thomas Elias: "Very bright, clear-thinking and tactically astute."

Emma Hargreaves: "She is very bright, ferociously hard-working and tactically very savvy."

Company Law Conference 2020:

Top 10 SerleShare Updates 2020:

Re Keeping Kids Company; Official Receiver v Atkinson [2020] EWHC 2839 (Ch):

These are believed to be the first ever proceedings for disqualification of charity trustees as company directors. This interlocutory decision concerned whether the Official Receiver could advance at trial case of breach of duty based on the existing evidence but not previously advanced as such. Falk J held this course was not open to the Official Receiver.

Loveridge v Loveridge [2020] EWCA Civ 1104:

Lance Ashworth QC and Dan McCourt Fritz acted for the successful Appellants in Loveridge v. Loveridge [2020] EWCA Civ 1104 overturning injunctions in an unfair prejudice petition and in partnership proceedings which had granted the running of the companies and partnerships to a minority shareholder and partner.  The Court of Appeal effectively put the majority back in charge.  Both the petition and the partnership proceedings continue and will come on for trial in 2022.

Please click here to view the article discussing the judgment, and here for the judgment.

Moutreuil v (1) Andreewitch (2) Pier Investment Company Ltd [2020] EWHC 2068 (Fam):

James Weale acted for the successful claimant in a claim to the beneficial ownership of 100% of the shares in company which held various property assets including a valuable property in Chelsea. In his judgment, Mr Justice Cobb rejected the First Defendant’s case that the shares had been transferred into the name of his partner as mere nominee. James also obtained an order for costs to be assessed on the indemnity basis. Following initial reporting restrictions, the judgment was published on 3 September 2020.

A link to the judgment can be found here.

Saatchi v Gajjar [2019] EWHC 3472 (Ch):

Hugh Norbury QC and Mark Wraith appeared for the claimant in Saatchi v Gajjar [2019] EWHC 3472 (Ch), and obtained permission to continue a derivative claim arising out of alleged misappropriation by the defendant from a company involved in the storage and transportation of Mr Saatchi's art collection. 

De Silva v Lucas & Ribeiro:

Lance Ashworth QC and Zahler Bryan are representing the Portuguese claimant in De Silva v Lucas & Ribeiro in the Chancery Division seeking specific performance of the obligation to transfer shares in an Estonian company which indirectly controls a substantial land development in Lisbon.

Re Dinglis Properties Ltd:

In Re Dinglis Properties Ltd, Daniel Lightman QC, and Eleni Dinenis represent the respondents to a s. 994 petition concerning a family-established property company. In February 2019 Daniel successfully applied for permission to amend the respondents' defence shortly before trial ([2019] EWHC 738 (Ch)). A landmark judgment in July 2019 ([2019] Bus LR 3100) rejected the petitioner's quasi-partnership claim and ordered his shares to be purchased subject to a minority discount. 

Brown & Anor v MML Capital Europe VI Equity II SA & Ors [2020] EWHC 23 (Ch):

In Brown v MML Capital Timothy Collingwood acts for the petitioner in an unfair prejudice petition. He appeared successfully on their behalf when they obtained an injunction to restrain the continuation of disciplinary proceedings concerning disputed allegations of misconduct pending determination of the petition [2020] EWHC 23 (Ch). 

Please click here to view the judgment.

Re Qunar Cayman Islands Ltd & Re Nord Anglia Education Inc:

Jonathan Adkin QC acted for a number of dissenting shareholders in two high-value company share appraisal actions arising under s.238 of the Cayman Islands Companies Law. In Re Qunar Cayman Islands Ltd he appeared in a three-week trial in the Grand Court of the Cayman Island for the determination of the fair value of a Chinese web-based travel company's shares. In Re: Nord Anglia Education Inc he acted in a three-week trial in the Grand Court for the determination of the fair value of shares in the world's leading private school business. 

Mahdavi v Sterling Avram:

Daniel Lightman QC and Zahler Bryan acted for the successful claimants in Mahdavi v Sterling Avram, a case arising from a multi-million-pound property fraud by a consultant engaged by a solicitors' firm. The proceedings raised novel questions about (i) the legal protection available against property fraud where the fraudster operates within a solicitors' firm and (ii) the availability of relief under s 61 of the Trustee Act 1925 to solicitors who have paid away client monies in breach of trust. 

Griffith v Gourgey:

In Griffith v Gourgey, Daniel Lightman QC, Adil Mohamedbhai and Emma Hargreaves continue to represent respondents to three unfair prejudice petitions seeking orders for the purchase of their shares in substantial property development companies. In November 2019, the Court of Appeal handed down its judgment ([2019] EWCA Civ 2046) on appeals against two rulings by Sir Nicholas Warren regarding strike-out of the petitions and amendment of another petition. 

Please click here to view the recent judgment. 

Union Castle Mail Steamship Co Ltd v Revenue and Customs Commissioners [2018] UKUT 316 (TCC) and [2016] UKFTT 536 (TC):

Ruth Jordan acted for HMRC in Union Castle Mail Steamship Co Ltd v Revenue and Customs Commissioners [2018] UKUT 316 (TCC) and [2016] UKFTT 536 (TC)  a case about the use of derivative contract rules to engineer £39m in tax deductible losses. The taxpayer's appeal against the decision of the Upper Tribunal which deals with the definition of 'loss and arise from' and widens the application of transfer pricing rules to certain shareholder transactions (bonus share issues) is likely to be heard by the Court of Appeal (along with another related appeal by Ladbrokes Group Finance Plc in which Ruth is also instructed) in 2019 or early 2020.

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. 

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. 

Fox-Davies v Burberry Group PLC [2017] EWCA Civ 1129:

Timothy Collingwood represented the appellant on the leading case on public access to a company's register of members under the Companies Act 2006.

Please click here for the judgment.

Cullen Investments Ltd & Ors v Brown & Ors [2017] EWHC 1586 (Ch):

Timothy Collingwood represented the claimants at trial in personal and derivate claims against a director and joint venture partner and his brother (also a director of the joint venture company), which claims concerned allegations of conflicts of interest and issues as to the extent of duties owed.

Please click here for the judgment.

Gunewardena v Conran Holdings Ltd [2016] EWHC 2983 (Ch):

Philip Jones QC successfully acted for Conran Holdings, a company owned by Sir Terence Conran and his children, in defending a claim brought by a former shareholder and chief executive who objected to his shares having been compulsorily purchased at nil value. 

Please click here for the judgment.