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Area of Law: Commercial Litigation
Jonathan Adkin QC, Sophie Holcombe, and Jamie Randall act on behalf of the former Prime Minister of Georgia and his family as beneficiaries of a Singapore Trust in Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd [2020] SGCA 62. Claims have been commenced against Credit Suisse entities for losses arising from the mismanagement of an investment portfolio said to be worth over US$1bn. In July 2020 the Singapore Court of Appeal dismissed Credit Suisse Trust’s jurisdiction challenge, bringing an end to a long-running jurisdiction battle.
Read MoreArea of Law: Civil Fraud
Lance Ashworth QC acts for the claimant in Kelly v Baker & Braid, a commercial court claim for damages for fraudulent misrepresentation and/or breach of fiduciary duty leading to the sale of a group of companies at an undervalue of over £110m.
Read MoreArea of Law: Private Client Trusts and Probate
John Machell QC acts for the appellants in ITG Limited v Glennalla Properties Limited in an appeal to the Privy Council. The case concerns issues relating to the insolvency of trusts including the priority between the indemnity claims of successive trustees, and between trustees and outside creditors.
Read MoreArea of Law: Property
Amy Proferes acts for the First and Second Defendants in Toner v Telford Homes & Ors, a claim regarding a flat purchased off-plan. The claimant seeks rescission, damages and other remedies against 6 defendants including the developer, the property manager and the current freeholder, on the basis of misrepresentation, breach of contract, fraud, negligence and harassment. The case raises questions which will be of importance to developers selling properties off plan as to representations made in sales models and brochures, as well as how (and whether) developers can protect themselves from such claims by means of disclaimers and/or contractual terms. Judgment is currently awaited on applications by the First to Fourth Defendants seeking summary judgment and/or strike out of the claim.
Read MoreArea of Law: Civil Fraud
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.
Read MoreArea of Law: Banking and Financial Services
Lance Ashworth QC acts for the claimant in Grove Park Properties v Royal Bank of Scotland, which is due for a 10-day Commercial Court trial in January 2021, in which it is alleged that the defendant bank fraudulently amended a loan agreement to halve the term of the loan.
Read MoreArea of Law: Property
Thomas Braithwaite, acting for the Crown Estate Commissioners, successfully defeated an adverse claim to part of the North Norfolk coast. The case addressed the principles of accretion and avulsion, and the presumption of Crown ownership of the foreshore (Bett & Gethin v Crown Estate (FTT, REF/2017/0591)).
Read MoreArea of Law: Civil Fraud
John Machell QC acts for the claimants in Circumference v Martin in which the Claimants claim an entitlement to rescind a share purchase agreement for fraudulent misrepresentation.
Read MoreArea of Law: Property
In Kelleher v Castlebourne Homes (Rock) Ltd [2020] (High Court, Bodmin District Registry) Andrew Bruce represented the Defendant developers in a dispute about the width of a strip of land and easement at a site in Trebetherick, Cornwall. The trial took place over a week entirely remotely in Summer 2020 and involved detailed consideration of historic conveyances, numerous plans and various aerial photographs, together with contested expert surveying evidence. HHJ Carr’s judgment paid tribute to the quality of the submissions.
Read MoreArea of Law: Civil Fraud
Hugh Norbury QC has been involved in the English leg of China Metals v Chun, a large international fraud case relating to the alleged misappropriation of assets in China / Hong Kong. Hugh is acting for the daughters of the alleged fraudster in relation to a proprietary injunction over valuable assets that they hold in London.
Read MoreIn Dunmoore (West London) Ltd v Vanessa Donegan [2020] (Upper Tribunal Lands Chamber), Andrew Bruce acted for the Objector on an application to modify a restrictive covenant under s.84(1)(aa) of the Law of Property Act 1925. The Applicants were constructing an industrial park on agricultural land near Billingshurst, Sussex and sought to modify a covenant which prevented any building on a buffer zone of 200’ from the boundary of the Objector’s (extensive and valuable) home. The application was settled the last working day before the Upper Tribunal hearing on commercial terms.
Read MoreArea of Law: Civil Fraud
In Equity Real Estate (Bracknell) Ltd & Ors v Capstan Capital Partners LLP & Ors, Justin Higgo QC and Stephanie Thompson are representing five SPVs who are the apparent victims of a substantial property investment fraud. They have so far obtained extensive disclosure from third parties under the Bankers Trust, Norwich Pharmacal, and pre-action disclosure jurisdictions.
Read MoreArea of Law: Civil Fraud
Hugh Norbury QC is instructed on behalf of corporate and individual trustee and director defendants in Ballacorey What v Brown and Ors, a fraud claim issued in the Isle of Man arising out of a relationship between investment managers in the GEM financial management business.
Read MoreArea of Law: International and Offshore
In Credit Europe Bank (Dubai) Ltd v. (1) NMC Trading LLC (2) NMC Healthcare LLC (3) Bavaguthu Raghuram Shetty [2020] DIFC CFI 031, Rupert Reed KC and Gregor Hogan acted for the major Dutch Bank, CEBD, to obtaining a worldwide freezing order against Dr BR Shetty, founder of the troubled NMC Group. The decision also confirmed that an applicant need not demonstrate any assets of the respondent in the jurisdiction of the DIFC to obtain a worldwide freezing order. Rupert and Gregor represented CEBD at the trial of its claim against Dr Shetty in September 2021.
Read MoreArea of Law: Property
In Wickers v Humbles, Philip Jones QC and Gregor Hogan continue to act for the directors of a property development company in a dispute arising from the impact of the global financial crisis on a super-prime property development in London. The case is expected to proceed to a six-week trial in the Isle of Man in late 2021 or 2022.
Read MoreArea of Law: Civil Fraud
In Federal Republic of Nigeria v Tibit, Timothy Collingwood QC acts for the defendant company in an action in the BVI brought on behalf of the Government of Nigeria to recover funds which it is claimed were appropriated by corrupt former officials and used to purchase an executive jet.
Read MoreArea of Law: Commercial Litigation
Hugh Norbury QC was instructed in Gens v Goldenberg, in which a battle between Russian investors in a Russian software business was briefly before the English High Court; the case was compromised before the interesting issue of jurisdiction was resolved.
Read MoreArea of Law: Commercial Litigation
Hugh Norbury QC has been working on the Bermudian element of the international battle waged by the private equity firm Apollo and its subsidiary Athene against their former partner /employees who have set up a competitive business (Athene v Siddiqui, Cernich & Caldera).
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