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Area of Law: Matthew Morrison KC
On 11 November 2022 Mr Justice Zacaroli handed down judgment (available here) in respect of applications for directions by the office-holders of 10 failed energy suppliers.
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Philip Marshall QC and Matthew Morrison continue to act for Business Energy Solutions (BES) in respect of proceedings arising from the obtaining and execution of search warrants, and an ongoing trading standards investigation into BES’s affairs. The claims, which seek damages for misfeasance in public office and just satisfaction under the Human Rights Act 1998, raise novel points of public and private law including immunity from suit. The 12-day trial commences in November 2021.
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Lance Ashworth QC and Matthew Morrison are acting for the claimants in Wellcourt Investment Corp v Propfurn Ltd, a claim in connection with a £100m property portfolio in London, owned by BVI and Liberian companies. They have so far successfully obtained recovery of all monies held by the former agents of the claimants.
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Matthew Morrison and Gregor Hogan act for Haz International Limited in connection with misfeasance proceedings alleging the diversion of business opportunities and other wrongs by a former director and shareholder. These have been consolidated with a just and equitable winding up/unfair prejudice petition presented by the defendant director/shareholder. The evidential stage of the trial (including the cross-examination of three Turkish witnesses via a translator) took place remotely over ten days in the Insolvency and Companies Court during January 2021. Closings will be presented in March 2021.
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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.
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In Punjab National Bank (PNB) v Srinivasan [2019] EWHC 3495 (Ch), Matthew Morrison appeared for the Third Defendant in connection with an appeal from a judgment setting aside permission to serve the Defendants out of the jurisdiction. PNB's claims in respect of loans totaling US$37 m were based on personal guarantees and allegations that the loans had been produced by fraudulent misrepresentation. The decision to set aside permission on the grounds of non-disclosure of existing foreign proceedings, and the absence of viable claims in contract and deceit, was upheld on appeal.
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Lance Ashworth QC and Matthew Morrison acted on behalf of the Claimant in Blackstar Advisors v Cheyne Capital [2019] EWCA Civ 2210 in a 10-day commercial court trial claiming €25 million of introducers' fees against a hedge fund.
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Philip Marshall QC and Matthew Morrison represented the Independent Directors of Carlyle Capital Corporation defending liquidator claims seeking US$1bn for alleged breaches of fiduciary duty and wrongful trading. The case involved a number of complex legal issues relating to directors' duties, wrongful trading, statutory remedies, causation and quantum not previously considered in Guernsey.
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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.
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