A substantial part of John’s practice relates to trusts, particularly with an international dimension.  John's experience extends across the range of trust issues and he has particular experience of trust issues arising as part of wider commercial and fraud disputes.

Cases of note:

ITG v Fort Trustees Ltd [2022] UKPC 36: Appearing for the successful Appellants before the Privy Council in landmark case concerning insolvent trusts and the ranking of the claims of successive trustees (instructed by Babbe Legal).

MaplesFS Limited v B&B Protector Services Limited (14 July 2022) Doyle J: Appearing for the trustee on forum non conveniens challenge (instructed by Maples)

MaplesFS Limited v B&B Protector Services Limited (10 March 2022): Appearing for the trustee on an application by the defendants for an adjournment to make a sanction licence application (instructed by Maples).

St. John's Trust Co. (PVT) Ltd v Medlands (PTC) Ltd [2021] CA (Bda) 20 Civ: Appearing for the protector successfully opposing an appeal in the Bermuda Court of Appeal relating to the various orders made at first instance including the apppointment of a new trustee (instructed by Kennedys).  

Medlands (PTC) Ltd v A-G and Brockman [2021] SC (Bda) 41 Com: Appearing for the protector at a hearing to deal with the terms of appointment of a new trustee (instructed by Kennedys).

In the Matter of a Settlement made by deed dated 27 December 2017 (27 July 2021): Appearing for the trustee before Kawaley J in Cayman on a Beddoe application concerning English High Court proceedings (Instructions by Maples).

PJSC National Bank Trust v Mints (2021): Acting for MaplesFS Limited in relation to  a jurisdiction application concerning the proper forum to determine issues as to the construction of Cayman trust deed (instructed by Bird & Bird).

M v N (2021/22): Advising beneficiary of a Bahamian trust in relation to distribution proposals (instructed by Archerfield).

Re Starke deceased (2021): Acting for residuary beneficiary of Will in relation to issues concenring the administration of the estate (instructed by Birlketts).

C v D (2020): Advising trustee of a substantial Cayman trust in relation to trust issues arising from English Commercial Court proceedings (instructed by Maples).

Re Y Trust (2021): Advising beneficiary of a series of €1b+ trusts in relation to various issues (instructed by Mishcon).

Schwartz v VGV (UK) Limited (2020): Acting for beneficiary before Trower J on an aplication for a proprietary injunction against the trustee (instructed by McDermott Will & Emery).

A v B (2019): Acting for trustees before Morgan J and Mann J in November 2019 to obtain an injunction against a person purportedly appointed as the protector of a trust to restrain him from removing the trustee (instructed by Burges Salmon).

Re B (2019): Acting for the guardian ad litem appointed to represent a class of beneficiaries in relation to a restructuring of a $1b Cayman trust. Hearings before the Chief Justice in July and September 2019 (instructed by Harneys).

Danilina v Chernukhin (2018/19): Advising on trusts issues arising in Commercial Court action (instructed by Clifford Chance).

Re L Trust (2018): Advising on breach of trust claim and removal application against trustees (instructed by Mishcon de Reya).  

Re C Trust (2018): Advising on claim for distribution from a discretionary trust (instructed by Clifford Chance).

Re B Trust (2018): Advising trustee of a substantial Cayman family trust in relation to various issues including the liability of the trust to indemnify an ex-protector and the ownership of various chattels (instructed by Maples & Calder).

Re Y Trust (2018): Advising and appearing before Kawaley J for the trustee in Cayman proceedings relating to the validity of a decision by the settlor to change the beneficiary of the trust (instructed by Harneys).

Re Z Trust (2017): Advising on issues arising in relation to the termination of a trust (instructed by Harneys).

Re M Trust (2017): Advising the beneficiary of a Jersey trust in relation to various issues (instructed by Collas Crill).

Re V Trusts (2017): Advising and appearing for the trustees of Cayman trusts in relation to various issues arising from criminal forfeiture proceedings in the US and in relation to an application to replace the trustee (instructed by Harneys).

Re Y Trust (2017): Advising and appearing for the trustee in Cayman proceedings relating to the validity of a decision by the settlor to change the beneficiary of the trust (instructed by Harneys).

Re C Trust (2016): Appearing for the trustee in a Beddoe application in the Cayman court as to whether the trustees should defend English High Court proceedings (instructed by Clifford Chance and Collas Crill).

Liongate v various defendants (2016): Acting for Defendants to a constructuive trust claim in Cayman proceedings relating to a hedge fund structure (instructed by Turners).

Re X Trust (2015): Acting for the trustee of a substantial family trust in relation to Cayman proceedings concerning the status and removal of the protector (instructed by Mourant).

Salem v Salem (2015/16): Acting for the Defendants in major commercial partnership/trust litigation (instructed by Quinn Emanuel).

Hardwick v Hardwick (2013): Substantial farming proprietary estoppel claim (instructed by Quality Solicitors Burroughs Day).

North Shore Ventures Ltd v Anstead Holdings Inc [2012] WTLR 1241: Important Court of Appeal decision on orders for the production of trust documents against de facto settlors / discretionary beneficiaries (instructed by Cooke, Young & Keidan).

AB Jnr v MB (2012): Acting for the claimants in a substantial claim for breach of trust culminating in a 10 week trial in the Cayman Islands in 2012 (instructed by Farrer & Co and Conyers, Dill & Pearman). 

Stow v Stow and HMRC (2009): Dispute concerning the beneficial ownership of assets settled on the terms of offshore trusts (instructed by Fladgate).

Re Rendell-Reynolds deceased (2008) Sir Andrew Morritt: constructive and secret trust claim to assets held by deceased (instructed by Mills & Reeve).

Nissim v Wettreich (2008): international trusts and fraud claim (instructed by Fladgate).

Re Northcott (2008 and 2010) (instructed by Blake Lapthorn): Application by trustees for directions where an issue of parentage had arisen in respect of one of the putative beneficiaries.

Tait v Wedgwood [2003] WTLR 121 Rimer J: Winding up bare trust where beneficiary under mental disability.

John deals with a wide range of commercial and contractual cases, and has particular experience of large-scale litigation, particularly with an international dimension.

Cases of note include:

Fang v Green Elite (4 October 2022): Appearing for the Respondent in an appeal concerning the scope of the Duomatic principle and in particular the role of intention and certainty (instructed by Harneys). 

Fang v Green Elite (20 October 2022): Appearing for successful in Respondent in an appeal concerning the disclosure of documents to funders (instructed by Harneys). 

IsZo Capital LP v Nam Tai Property Inc (7 April 2022): Appearing before Jack J in BVI for successful ancillary claimant in obtaining judgment. Issues included conspiracy, dishonest assistance and change of position defence (instructed by Harneys).

Durant International Corp v Maluf (2021) Appearing for the Appellant before the Eastern Caribbean Court of Appeal in a BVI appeal concerning service in Brazil and issues relating to the Hague Service Convention (instructed by Kobre & Kim).

Commission Recovery Limited v Marks & Clerk LLP (2021): Acting for Defendants in a claim for breach of fiduciary (instructed by Clifford Chance).

Green Elite Limited (in liquidation) v Fang (2021): Appearing for the Claimant at a trial before Jack J in the BVI concerning alleged breaches of fiduciary by the directors of Green Elite (instructed by Harneys).

Durant International Corp v Maluf (2021): Appearing for the Defendant before Jack J in the BVI on an application in relation to service, jurisdiction and the dischange of a freezing injunction (instructed by Kobre & Kim).

WWRT v Tyshchenko [2021] EWHC 939 (Ch): Application for stay of proceedings pending Ukranian bankruptcy proceedings and discharge of freezing injunction (instructed by Clarion).

Circumference v Martin (2021): Acting for Claimants in claim for rescission of an SPA for fraudulent misrepresentation (instructed by Dentons).

Durant International Corp v Maluf (2021): Appearing for the Defendant before Wallbank J in the BVI on an application concerning the use of information disclosed pursuant to a freezing order in a foreign jurisdiction (instructed by Kobre & Kim).

Green Elite Limited (in liquidation) v Fang (2020): Appearing for the Appellant before the Eastern Caribbean Court of Appeal in a BVI appeal concerning the discharge of a freezing injunction (instructed by Harneys).

M v N (2020): Advising in relation to BVI proceedings concerning alleged breach of fiduciary duty and conspriracy (instructed by Mourant).  

Deripaska v Chernukhin [2019] EWHC 173 (Comm) Acting for defendants in substantial commercial court action (instructed by Clifford Chance). John was instructed specifically to deal with a number of urgent and difficult disclosure and privilege issues.

S v A (2018): Acting for the claimants in a substantial arbitration arising in relation to shareholder agreements (instructed by Clifford Chance)

Principal Investors Global LLC v various defendants (2017): Acting for Rothschild in relation to a breach of warranty claim brought for £50m+ arising from the sale of shares in Liongate Limited (instructed by Clifford Chance).

Liongate SPC v various defendants (2017): Acting for various defendants in respect of Cayman proceedings in which proprietary and personal claims are made in respect of alleged breaches of fiduciary duty arising from investment decisions (instructed by Turners). 

Salem v Salem (2016): Acting for the Defendants in major commercial partnership/trust litigation (instructed by Quinn Emanuel).

BTA Bank v Ablyazov (2013/14): Acting for a Norwich Pharmacal respondent at a number of hearings, including in respect of an important decision relating to the recovery of costs by Norwich Pharmacal respondents [2015] 1 WLR 1547 (instructed by Boodle Hatfield).

Grupo Mexico v Pearse Trust International Limited (2014/15): Acting for a Norwich Pharmacal defendant in relation to disclosure of documents in connection with Mexican proceedings (instructed by Cooke Young & Keidan). 

Re L (2013): Acting for a shareholder in a hedge fund structure in relation to the alleged wrongful disposal of corporate assets (instructed by Clifford Chance).

$1b claim relating to a Russian joint venture (2013).

Icer Brands Europe Limited v Beyond Productions LLC (2013): Acting for the defendant in a claim for damages for alleged breach of a licensing agreement (instructed by Dentons).

Mains v Harrison (2012): Proceedings to set-aside compromise agreement for fraud (instructed by Fladgate LLP).

Conarco Partnership v Grillo (2012) Mann J: Freezing injunction application (instructed by Peters & Peters).

Woodrow Inc v Karchava (2012) Warren J: Freezing injunction application (instructed by Boodle Hatfield LLP).

Wah v Grant Thornton [2012] EWHC 3198 (Ch) Hildyard J: Enforceability of ADR provisions in member firm agreement (instructed by Locke Lord).

McKellar v Kingston Smith (2012) HHJ Waksman: Third party costs application (instructed by Kingston Smith).

Cherney v Neuman (2011) Henderson J: Commercial, joint venture and fiduciary duty dispute involving individuals from the former Soviet Union (instructed by SNR Denton).

Intercontinental Bank v Akingbola [2011] EWHC 605 (Comm): Alleged breach of fiduciary duty by director of Nigerian bank (instructed by Peters & Peters).

North Shore Ventures Ltd v Anstead Holdings Inc [2011] Times 22 April, Floyd J: Whether hearings had taken place in public or private (instructed by Cooke, Young & Keidan).

North Shore Ventures Ltd v Anstead Holdings Inc [2012] Ch. 31 Court of Appeal and [2010] 2 Lloyd's Rep 265 Newey J: Setting aside guarantee for non-disclosure (instructed by Cooke, Young & Keidan).

North Shore Ventures Ltd v Anstead Holdings Inc [2010] EWCA Civ 1634 Court of Appeal: Stay of execution and conditions for permission to appeal (instructed by Cooke, Young & Keidan).

Bexbes LLP v Beer [2009] EWCA Civ 628: Calculation of performance sharing payment under an agency agreement (instructed by Bird & Bird).

Hitchcox v Handlesman (2006): Joint venture dispute arising out of the development of St Pancras station (instructed by Denton Wilde Sapte).

Enron (Thrace) v Clapp and Others [2005] EWCA Civ 1511 Court of Appeal; [2005] EWHC 401 (Comm) Aikens J; [2004] EWHC 1612 (Comm) Langley J: Liability of subsidiary for fraud of parent; guarantee of liability under a joint venture agreement (instructed by DLA).

BAS Capital Funding v Medfinco Ltd [2004] LLR 652 Lawrence Collins J: Non-exclusive jurisdiction clause; extra territorial injunction (instructed by Peters & Peters).

John is regarded as one of the leading partnership and LLP silks and has experience of a wide range of both contentious and non-contentious matters across the whole range of business sectors from professional services and financial services to farming, doctors and dentists.

A large part of his work involves issues arising from the use of partnerships and LLPs in hedge fund, private equity and other financial services structures; in international commercial group structures; and as part of wealth planning strategies.

John has extensive experience of advising and drafting documentation in relation to professional service firms; including issues relating to restrictive covenants; team moves; retirements; expulsions; dissolutions; liability to third parties; indemnity insurance; international structuring; domestic and international mergers; LLP conversions; and regulatory matters.

Most of the matters John is involved in are highly confidential, but cases of note include:

Grupo Mexico v Infund LLP [2019] EWCA Civ 1673 and [2018] EWHC 1306 (Ch) Carr J: Rectification of LLP register pursuant to s.1096 of the Companies Act 2006 (instructed by Cooke Youg & Keidan LLP).

Flanagan v Liontrust Investment Partners LLP [2017] EWCA Civ 985 Court of Appeal and [2015] EWHC 2171 (Ch) Henderson J: Unfair prejudice claim under Companies Act 2006; and applicability of the doctrine repudiatory breach to LLPs (instructed by Macfarlanes LLP).

Campbell v Campbell [2018] EWCA Civ 80, [2017] EWHC 2747 (Ch), [2017] EWHC 182 (Ch), [2016] EWHC 2237 (Ch) and [2016] EWHC 1828 (Ch): Dispute as to the extent of a jewellery partnership.

Hosking v Marathon Asset Management Ltd [2016] EWHC 2148 (Ch) Newey J: Whether the profit share of a partner/member of an LLP is liable to be forfeited under the fiduciary remuneration forfeiture rule (instrcuted by Orrick).

King v Hg Capital LLP (2016): Dispute as to the discretionary reallocation of carried interest (instructed by Mishcon de Reya).

Salem v Salem (2016): Acting for the Defendants in major commercial partnership/trust litigation (instructed by Quinn Emanuel).

Bottrill v Harling [2015] EWCA Civ 564 Court of Appeal: Terms of oral partnership agreement and right to repayment of capital (instructed by Brachers).

Bates van Winkelhof v Clyde & Co LLP [2014] 1 WLR 2047 Supreme Court: Acting for intervener in appeal concerning whistleblowing and worker status of LLP members (instructed by CM Murray LLP).

Archer v Nubuke Investments LLP [2014] EWHC 3425 (Ch): Acting for the successful Defendants in a claim by a former member of a financial services LLP (instructed by Dentons). 

Wah v Grant Thornton [2013] 1 All ER (Comm) 1226; [2012] EWHC 3198 (Ch) Hildyard J: Enforceability of ADR provisions in member firm agreement (instructed by Locke Lord).

Tiffin v Lester Aldridge (pro bono) [2012] 1 WLR 1887 Court of Appeal: Employment status of fixed share members of LLPs and meaning of section 4(4) of the Limited Liability Partnerships Act 2000.

Re Y (2011): Arbitration arising from the collapse of a national law firm (instructed by SNR Denton).

Price v Farnsworth (2011): Claim arising from misappropriation of partnership assets (instructed by Maxwell Winward).

O'Leary v Standen (2010) Briggs J: Dissolution of partnership; and appropriate costs order where Part 36 offer made before order for dissolution (instructed by Allen & Overy).

John has been involved in a number of substantial fraud cases, including:

Circumference v Martin (2021): Acting for Claimants in claim for rescission of an SPA for fraudulent misrepresentation (instructed by Dentons).

Durant International Corp v Maluf (2021): Appearing for the Defendant before Wallbank J in the BVI on an application concerning the use of information disclosed pursuant to a freezing order in a foreign jurisdiction (instructed by Kobre & Kim).

WWRT v Tyshchenko [2021] EWHC 939 (Ch): Application for stay of proceedings pending Ukranian bankruptcy proceedings and discharge of freezing injunction (instructed by Clarion).

Green Elite Limited (in liquidation) v Fang (2020): Acting for the Appellant in a BVI appeal concerning the discharge of a freezing injunction (instructed by Harneys).

S v A (2018): Acting for the claimants in a substantial arbitration arising in relation to shareholder agreements.  The dispute concerned wide ranging allegations of fraud and dishonesty in several jurisdictions (instructed by Clifford Chance).

Mains v Harrison (2012): Proceedings to set-aside compromise agreement for fraud (instructed by Fladgate LLP).

Conarco Partnership v Grillo (2012) Mann J: Freezing injunction application (instructed by Peters & Peters).

Cherney v Neuman (2011) Henderson J: Commercial, joint venture and fiduciary duty dispute involving individuals from the former Soviet Union (instructed by SNR Denton).

Intercontinental Bank v Akingbola [2011] EWHC 605 (Comm): Alleged breach of fiduciary duty by director of Nigerian bank (instructed by Peters & Peters).

Enron (Thrace) v Clapp and Others [2005] EWCA Civ 1511 Court of Appeal; [2005] EWHC 401 (Comm) Aikens J; [2004] EWHC 1612 (Comm) Langley J: Liability of subsidiary for fraud of parent; guarantee of liability under a joint venture agreement (instructed by DLA).

BAS Capital Funding v Medfinco Ltd [2004] LLR 652 Lawrence Collins J: Non-exclusive jurisdiction clause; extra territorial injunction (instructed by Peters & Peters).

Mattos Junior v MacDaniels Ltd 22 November 2002 Peter Smith J: security for costs against claimant outside jurisdiction and fortification of cross-undertaking in damages (instructed by Peters & Peters).

John has acted in a wide range of insolvency cases and often advises on insolvency issues arising in cases in other practice areas.

Cases of note:

Kenworth Industrial Limited v Xin Gang Power Investments Limited (31 October 2022): Appearing in the Eastern Caribbean Supreme Court before Jack J on an application for a stay of a liquidation application pending arbitration (instructed by Ogier).

Citicorp International Limited v Unigroup Holdings Ltd (27 July 2022): Appearing in the Eastern Caribbean Supreme Court before Wallbak J on an application for the continuation of the apppointment of provisional joint liquidators (instructed by Harneys)

WWRT v Tyshchenko [2021] EWHC 939 (Ch): Application for stay of proceedings pending Ukranian bankruptcy proceedings (instructed by Clarion).

Sisu Capital v Tucker and Others [2005] EWHC 2321 (Ch); [2005] EWHC 2170 (Ch) Warren J: Unfair prejudice challenge to company CVAs in the TXU administration (instructed by Fladgate).

Secretary of State v Collins [2000] BCC 998 Court of Appeal: Application by disqualified director for leave to act as a manager.

Harper v O'Reilly [1997] BPIR 656 Michael Hart KC: Proprietary effect of a matrimonial property adjustment order in circumstances in which the husband or wife is subsequently made bankrupt.

Razzaq v Pala [1997] 1 WLR 1336 Lightman J: Validity of a re-entry effected by a landlord when the tenant was bankrupt; meaning of "secured creditor" in the Insolvency Act 1986.

John advises on the full range of company law issues, particularly section 994 claims, derivative claims, reflective loss issues, claims against directors and issues arising in relation to share sales and shareholder resolutions.

Fang v Green Elite (4 October 2022): Appearing for the Respondent in an appeal concerning the scope of the Duomatic principle and in particular the role of intention and certainty (instructed by Harneys). 

Green Elite Limited (in liquidation) v Fang (2021): Appearing for the Claimant at a trial before Jack J in the BVI concerning alleged breaches of fiduciary duty (improper purpose/misappropriation of company assets) by the directors of Green Elite (instructed by Harneys).

Re X Ltd: Advising board of X Ltd in relation to whether amendment of articles to add drag provisions would constitute an improper purpose and/or constitute an abuse by shareholders of their voting powers.

During 2013 and 2014 John has advised on issues relating to drag along provisions in connection with two high value takeovers; and the validity of class resolutions in the light of alleged defects in the directors' circular.

Wilcox v Snell & Wilcox (2007): Company law and restitution case involving issues relating to the authority of the directors (instructed by Blake Lapthorn).

DTC v Sergeant [1996] 1 WLR 797 Michael Crystal KC: Scope of an accountant's lien over clients' papers and the meaning of "accounting records" in s.221 of the Companies Act 1985.