KBC Aldini Capital Limited v David Baazov and ors [2017] DIFC CFI 002: acting, with Rupert Reed QC, for a Canadian internet entrepreneur in defending claims for USD 40 million based on fraud allegations made in DIFC proceedings relating to equity commitment letters filed in support of a ‘go private’ bid to acquire Amaya Inc (instructed by Norton Rose Fulbright).

Municipio de Mariana and ors v BHP Group (2018-2019): instructed as part of the team acting for the claimants in a large group action arising from the collapse of the Fundão Dam in Brazil in 2015. The dam collapse has been described as the worst environmental disaster in Brazilian history (instructed by SPG Law). 

INVISTA v Botes and ors [2019] EWHC 58 (Ch); [2019] 1 WLUK 170 sole counsel for the successful defendants in a 7-day trial before Birss J. of claims relating to alleged breaches of confidence by research scientists formerly employed by INVISTA [2019] EWHC 58 (Ch); [2019] 1 WLUK 170. 

HSBC Invoice Finance v Augustus Martin (2018-2019): acted as sole counsel for the defendant and Part 20 claimant in relation to claims exceeding £6m arising out of unpaid and allegedly inflated invoices (instructed by Kingsley Napley).

RBS Rights Issue (2015-2017): instructed as part of the team acting for the defendants in claims arising out of the £12 billion RBS rights issue, with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan (instructed by Herbert Smith Freehills).

Advised (with Prof. Jonathan Harris QC (Hon.)) in relation to a potential claim against the English guarantor of a debt owed by a French company to a Monégasque bank which had subsequently been assigned to a BVI company owned by a subset of the guarantors. The case involved complex jurisdiction and choice of law issues and an issue regarding the possible connivance in the default of their co-guarantor by the shareholders in the potential claimant (2017-2018) (instructed by Charles Russell Speechlys).

Shoeb v Square One (2017): acted as sole counsel for the defendants in a $1.6m debt claim involving allegations of sham (instructed by LSGA).

Sigley v Southern: acted for the respondent to a s.994 unfair prejudice petition.

Smith v Huertas (2015): instructed (with Jennifer Haywood), for the respondent in relation to an application for a declaration under Regulation 44/2001 art.34(1) that it would be manifestly contrary to public policy for the UK to recognise and enforce a French judgment (instructed by Boodle Hatfield).

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] EWCA Civ 1106, assisted Daniel Lightman (now QC) in an appeal by a Saudi Arabian Prince, the respondent to a s.994 petition, against an unless order and the entry of judgment against him for US$ 7.7m.

Singh v Singh [2014] EWHC 1060 (Ch): assisted Ian Croxford QC and Daniel Lightman (now QC) in a 5-week trial that resulted in the dismissal by Sir William Blackburne of a claim by a father that his son’s business empire was held on constructive trust for the male members of his family in accordance with the Indian principles of the Mitakshara.

Bank of St Petersburg & Or v Arkhangelsky & Ors [2014] EWCA Civ 593: assisted Philip Marshall QC and Justin Higgo in this matter in which the Court of Appeal disapplied a Russian limitation period and granted an anti-enforcement injunction preventing the enforcement of Russian judgments abroad pending the outcome of litigation in England.

KBC Aldini Capital Limited v David Baazov and ors [2017] DIFC CFI 002: acting, with Rupert Reed QC, for a Canadian internet entrepreneur in defending claims for USD 40 million based on fraud allegations made in DIFC proceedings relating to equity commitment letters filed in support of a ‘go private’ bid to acquire Amaya Inc (instructed by Norton Rose Fulbright).

HSBC Invoice Finance v Augustus Martin (2018-2019): acted a sole counsel for the defendant and Part 20 claimant in relation to claims exceeding £6m arising out of allegedly inflated invoices (instructed by Kingsley Napley).

Shoeb v Square One (2017): acted as sole counsel for the defendants in a $1.6m debt claim involving allegations of sham (instructed by LSGA).

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] EWCA Civ 1106, assisted Daniel Lightman (now QC) in an appeal by a Saudi Arabian Prince, the respondent to a s.994 petition, against an unless order and the entry of judgment against him for US$ 7.7m.

Assisted Justin Higgo in relation to potential claims that certain transactions be set aside under s.423 IA 1986, and in relation to service out of the jurisdiction of such proceedings.

Assisted Justin Higgo in a dispute concerning the enforceability of an agency agreement involving corruption in public office.

Assisted Justin Higgo in resisting proceedings brought in England to enforce a default judgment obtained in the United States.

Adrian has been instructed in proceedings in the High Court, IPEC, EUIPO and IPO concerning trade marks, passing off, designs, copyright and confidential information. He also contributed to the CITMA publication "Contentious Trade Mark Registry Proceedings" by Michael Edenborough Q.C. (published 2018).

Recent instructions include:

INVISTA v Botes and ors (2017-2019): acted, unled, for the successful defendants in this dispute involving allegations that research scientists formerly employed by INVISTA had acted in breach of confidence, in breach of pre- and post-termination employment covenants and had procured breaches of contract by a third party. Successfully resisted summary judgment one month before trial (before Arnold J.). Represented the defendants at the 7-day trial before Birss J., at which the breach of confidence, post-termination and procuring claims were dismissed ([2019] EWHC 58 (Ch); [2019] 1 WLUK 170). The case was also notable for the costs result. Birss J. held that a part 36 offer made four months before trial by the claimants had not been a genuine offer to settle. This was one of the rare cases in which it would be unjust to enforce any of the consequences of CPR 36.17(4), and Birss J. accordingly made a costs award in favour of the defendants: [2019] EWHC 1086 (Ch); [2019] EWHC 1087 (Ch); [2019] EWHC 1088 (Ch).

Acting for applicant in a TM opposition before the UKIPO, including an interlocutory application for disclosure (2019).

Acting for claimant in a claim for infringement of copyright in computer software (2019).

Instructed in relation to potential copyright infringement proceedings arising from the copying of website content (2019).

Instructed for the appellant in an appeal against a decision of the EUIPO refusing registration of a slogan as an EUTM (with Michael Edenborough QC) (2018).

Acted for the claimant in proceedings for infringement of EUTMs and UKTMs and associated counterclaim for declaration of invalidity/revocation (with Michael Edenborough QC) (2018).

Chiselwood v Bespoke Cabinets Ltd and Krantz: represented the claimant the trial of a claim for infringement of copyright and UKUDR in kitchen designs (IPEC) (2017).

H. Radford v Downton Engineering and ors: acted for the defendant in a claim for trade mark infringement under s.10(3) TMA 1994 (2017).

Instructed for the defendant in a claim for infringement of UKUDR in relation to fishing tackle (2017).

Instructed for the claimant in a dispute regarding infringement of UKUDR in relation to theme restaurant get-up (2017).

Acted for the claimant exclusive licensee in relation to an IPEC claim for infringement of two EUTMs, copyright infringement and passing off (2016-2017).

Adrian gained experience during pupillage of actions in the IPEC and the Trade Mark Registry, before the Appointed Person, and in the General Court of the European Union, with Michael Edenborough QC.

Acting for the defendant in a dispute regarding the ownership of shares in a property development company. The claimant seeks a declaration of ownership, specific performance, rectification of the register of members and various injunctions (2019).

Acting for the respondent to application for injunction in relation to alleged breaches of an SPA (2019).

Sigley v Southern (2017): instructed for the respondent to a s.994 unfair prejudice petition.

Instructed on three linked s.994 petitions (with Daniel Lightman).

HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] EWCA Civ 1106, assisted Daniel Lightman (now QC) in an appeal by a Saudi Arabian Prince, the respondent to a s.994 petition, against an unless order and the entry of judgment against him for US$ 7.7m.

Adrian appears regularly in both the High Court and the County Court in matters concerning personal and corporate insolvency and has experience of substantial bankruptcy litigation, winding up and applications under ss.313, 339, 340 and 423 of the Insolvency Act 1986.

Instructed for the prospective defendant in relation to a potential claim to a Spanish property held on resulting trust, including advising in relation to jurisdiction issues.

Instructed as sole counsel for the Defendant in dispute regarding the beneficial interest in a property in circumstances where it was uncertain whether there was an express trust or whether principles of common intention constructive trust would apply.

Advised in relation to an application for a declaration of beneficial ownership, construction of a trust instrument and rectification.

Tilley v Tilley and ors (2016): acted for the claimant trustee in a claim against his co-trustees for declarations regarding the construction and administration of the trust. Chief Master Marsh determined that three of the claimant’s co-trustees should be removed on the basis that they faced considerable conflicts of interest and made an order for the appointment of a professional trustee.

Singh v Singh [2014] EWHC 1060 (Ch), assisted Ian Croxford QC and Daniel Lightman in a 5-week trial that resulted in the dismissal by Sir William Blackburne of a claim by a father that his son’s business empire was held on constructive trust for the male members of his family in accordance with the Mitakshara.

Barclays Wealth Trustees (Jersey) Ltd v Equity Trust (Jersey) Limited,: assisted Giles Richardson in proceedings against the former trustee of unit trusts investing in Eastern European property developments for alleged breaches of trust.

Instructed for RBS in group litigation arising out of the £12 billion rights issue undertaken by RBS in 2008, with David Railton QC, Sonia Tolaney QC, David Blayney QC and Simon Hattan (2015-2017).

Barclays Wealth Trustees (Jersey) Ltd v Equity Trust (Jersey) Limited,: assisted Giles Richardson in proceedings against the former trustee of unit trusts investing in Eastern European property developments for alleged breaches of trust.

Assisted Simon Hattan in a claim by a charitable foundation arising from the alleged negligent management of its investment portfolio at the time of the 2008 financial crisis.