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Area 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).
Read MoreArea of Law: Commercial Litigation
In PPRS v Tecar Justin Higgo QC represents the defendant in multiple claims for breach of warranty arising out of the sale of a Romanian paper business.
Read MoreArea of Law: International and Offshore
Rupert Reed KC and Gregor Hogan acted for the Sarjah Elecricity and Water Authority in FAL Oil Company Ltd v Sarjah Electricity and Water Authority. The case involved the challenging of the recognition and enforcement in the DIFC of a Sarjah court judgment on the basis of inter-Emirate immunity. This is the first time the DIFC Court considered the concepts of sovereign immunity within the UAE.
Read MoreArea of Law: Company
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.
Read MoreArea of Law: Commercial Litigation
In Khalifeh v Blom Bank, Zahler Bryan is acting for the claimant who seeks the return of monies held in a Lebanese bank account and, in a high-profile decision earlier this year, successfully resisted the Lebanese bank’s jurisdiction challenge by establishing that the claimant was a consumer for the purposes of the European rules of jurisdiction ([2020] EWHC 2427(QB)).
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