Commercial Litigation

Clive is one of the UK’s most highly regarded commercial litigators. At the Chambers UK Bar Awards 2015 he was shortlisted for Commercial Litigation Silk of the Year. His formidable commercial practice has earned him praise in Chambers and Partners and The Legal 500 who both rank him highly as a commercial litigator. 

Cases:

Sebry v Companies House [2015] EWHC 115 (QB)

Clive successfully represented the Claimant in the much publicised High Court case brought against Companies House. Concerned the mistaken entry by Companies House on their register stating that a long established company was in liquidation. Claim for £8.8 million is said to be the first of its kind. Issues arose as to the scope of any duty of care and/or statutory duty of the Registrar owed to the companies listed on its register. The Judge held that the obvious foreseeability of serious harm resulting from an incorrect listing, as well as the proximity owed to a single identifiable company, gave rise to a special relationship justifying such a duty. Click here for more.

Ritz Hotel Casino Ltd v Safa Abdulla Al Geabury [2015] EWHC 2294 (QB)

Successfully represented the Ritz Casino and obtained judgment for £2,000,000 plus interest and indemnity costs against Mr Al Geabury on a gambling debt.  Mr Al Geabury, who lost that money in less than two hours, said that the Ritz abused his gambling addiction, and he counterclaimed many millions of pounds. The evidence of independent psychiatrists on both sides supported the existence of an addiction. Two days of meticulous cross-examination demonstrated to the satisfaction of the court that Mr Al Geabury had no addiction and that his case was entirely false. Click here for more.

The Ritz Hotel Casino Ltd v Nora Al-Daher [2014] EWHC 2847 (QB)

Successfully represented the Ritz Casino in high profile claim against Nora Al-Daher, Oman government Minister’s wife. Claim in relation to two million pounds worth of gambling debts. Allegation of negligence against the casino in allowing debts to accumulate. Case concerned the duty of care owed by a casino to its players. Click here for more.

A v B

Trial before the Commercial Division of the Eastern Caribbean Supreme Court. Case against registered owners of shares in one of Russia’s largest airlines involving tens of millions of dollars. Claim concerns disputed beneficial ownership of airline shares. Case involved a 5-day trial with cross-examination of numerous Russian witnesses.

Sax v Tchernoy [2014] EWHC 795 (Comm)

Case concerning jurisdictional issues as well as whether there was a concluded binding agreement or only an agreement to agree and/or an agreement void for uncertainty. Also consideration of inferred choice of law under Article 3 of Rome I

Daad Sharab v Prince Al-Waleed [2013] EWHC (Ch) Lawtel 7/8/2013

Commission in respect of sale by Saudi Prince to Colonel Gaddafi.  Court ordered USD 10 million commission based entirely on oral contract where case turned on cross examination. Click here for more.

Centrehigh v Amen (2013) EWHC 625 (Ch) Lawtel 4/4/2013 : [2013] 4 Costs LO 556

VTB v Malofeev and others in the Cayman Court of Appeal (4 June 2013): Application against two non-parties to English proceedings for freezing injunctions raising questions of jurisdiction and discretion.

Role of cross examination in applications for non-party costs orders.

Centrehigh v Amen (2013) EWHC 1448 (Ch): Lawtel 12/6/2013: Highly unusual application for costs against non-parties of many hundreds of thousands of pounds giving rise to numerous interim applications.

Knox D’Arcy Operations Ltd v Manches LLP (2013) EWCA Civ 33 [2013] PNLR 18 and Lawtel 7/2/2013: Solicitor’s lien and beneficial interests.

 

Pre 2012 cases

Daad Sharab v Prince Al-Waleed (2012) EWHC 1798 Lawtel 5/7/2012: Service out of the jurisdiction on restitution ground.

Parkingeye Ltd v Somerfield Stores Ltd (2012) EWCA Civ 1338: Lawtel 17/10/2012: [2012] 2 Lloyd’s Rep 679 : [2013] 2 WLR 939: Illegality in respect of performance of a contract. Application of doctrine of proportionality.

VTB Capital Plc v Nutritek International Corp (2012) EWCA Civ 808: Lawtel 20/6/2012 : [2012] 2 Lloyd’s Rep 313 : [2012] 2 BCLC 437: Action in fraud/conspiracy by English Bank (subsidiary of Russian bank) raising issues of lifting the corporate veil, jurisdiction, freezing order issues and loss in tort of deceit.  Fraud on English subsidiary of Russian bank. Effect of participation agreements on right to recover damages. Lifting the corporate veil.

Geoffrey Garratt v Mirror Group Newspapers Ltd (2011) EWCA Civ 425; Lawtel 13/4/2011: [2011] IRLR 591 : [2011] ICR 880: Role of implied terms in collective agreement.

Alliance v Tishbi (2011) EWHC 1015 (Ch): Lawtel 3/5/2011: Joint venture. Mistake in respect of compromise agreement.

Jacob Adler v Ananhall Advisory & Consultancy Services Ltd (2009) EWCA Civ 586 Lawtel 18/6/2009 : [2009] NPC 80 : [2009] 2 P & CR DG18: Claim for commission in property dispute and implied terms.

BLP UK Ltd v B&Q Plc (2008) EWHC 697 (QB): Lawtel 7/5/2008: Court’s ability to recall its order.

Watford Petroleum v Interoil (2005) All ER (D) 323: Oil and gas joint venture in Ukraine.

Sykes v Taylor-Rose (2004) EWCA Civ 299: Lawtel 4/3/2004 : [2004] 2 P & CR 30 : [2004] NPC 34 : Times, March 2, 2004: Sale of a property not disclosing murder.

I-Way Ltd v World Online Telecom Ltd (2004) EWHC 244 (Comm): Lawtel 18/2/2004: Misrepresentation, implication of contractual terms and estoppel.

I-Way Ltd v World Online Telecom Ltd (2002) EWCA Civ 413: Lawtel 8/3/2002: Enforceability of clause that agreement could only be varied in writing.

Hayes v Transco Plc (2003) EWCA Civ 1261: Lawtel 17/9/2003 : (2003) 147 SJLB 1089: Construction of contract, procedural irregularity and bias by judge.

Ross Hendry v Chartsearch Ltd Lawtel 3/8/98 : [1998] CLC 1382 : (2000) 2 TCLR 115 : Times, September 16, 1998: Validity of assignment without prior consent contrary to contractual prohibition.

Beeforth v Beeforth Lawtel 3/7/98: The Times, September 17, 1988: Unless orders.

Paperlight Ltd v Swinton Group Ltd Lawtel 5/10/98: (1998) CLC 1667: Claim by approximately 45 franchisees for premature termination of franchise agreements.

Yona International v LRF: Four month political risk insurance case. Case settled after 30 day trial in the Commercial Court before judgement.

Balkanbank v Taher: Four month case in Commercial Court and in High Court in Ireland. Applications relating to freezing orders and enforcement of cross undertakings as to damage. Case settled.

S v S Worldwide Mareva: Injunction in the Supreme Court of Gibralter.

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