Cases

Benkharbouche & Anor v Embassy of the Republic of Sudan & Libya

2015 EWCA Civ 33 (05 February 2015)

The court is required, pursuant to section 2(1) European Communities Act 1972, to disapply sections 4 (2) (b) and 16 (1) (a) SIA, in their application to those parts of the claims which fall within the scope of EU law, and granted a declaration of incompatibility.

Led the 2nd intervention for 4A law.

Reyes & Anor v Al-Malki & Anor

2015 EWCA Civ 32 (05 February 2015)

Diplomat not entitled to immunity for private activity for profit under the Vienna Convention.

Led the 3rd intervention for 4A law.

R (on the Application of) Pamela Geller & Robert Spencer v The Secretary of State for the Home Department

2015 EWCA Civ 45 (05 February 2015)

First time appeal on the legality of the government policy to exclude US nationals.

Appeal to the Supreme Court pending.

Personal Management Solutions Ltd v Brakes Bros Ltd

2014 EWHC 3495 (QB)

Instructed on appeal to the Court of Appeal in a breach of confidence claim.

Michael v the Official Receiver

2014 EWCA Civ 534

Judicial bias/predetermination/correct applicable test.

Court of Appeal. Sole Counsel.

Blacker v Bourne & others

2014 (Chancery Division)

claim concerning validity/rectification of trust and legal/beneficial interest in land

A V ROYAL BANK OF SCOTLAND

2014

Resisting enforcement of a guarantee for the sum of £3.5 million.

Sole Counsel.

Virdi & Others (Chancery Division)

2014

Nature and scope of beneficial interest in land.

Marston Equities Ltd v Global Iron Ore Ltd

2014 (Commercial Court) (Cooke J)

Successful grant of permission to enforce a New York award for amounts in excess of £49 million

Sole Counsel.

PAMELA GELLER & ROBERT SPENCER V SECRETARY OF STATE FOR THE HOME DEPARTMENT

2014

The legality of the government’s policy to exclude foreign nationals/freedom of expression/freedom of association and assembly.

Court of Appeal.

Bank of Ireland v Gill

2013 EWCA Civ 2996 (Ch)

Banks application to lift a stay where the bank made inappropriate attempts to serve a bankruptcy petition.

Sole Counsel for the Respondent.

Gaurlicikiene v Tesco Stores

2013 EWCA Civ 1612

Procedural irregularity/unfairness in ET decision involving claim for breach of employment contract.

Sole Counsel. Court of Appeal.

Wokuri v Kassam

2013 Ch 80; 2012 3 WLR 427; (2012) 109 (20) L.S.G. 26 (Ch); The Times, February 7, 2012

Diplomatic immunity was not available to the Defendant in defence of a breach of employment contract claim.

Sole Counsel for the Claimant.

Wokuri v Kassam

2013 Ch 80; [2012] 3 WLR 427; (2012) 109 (20) L.S.G. 26 (Ch); The Times, February 7, 2012

Decision on costs.

Appeared for the successful Claimant.

BANK MELLAT (APPELLANT) V HM TREASURY (RESPONDENT)

2013 UKSC 2011/0040, 21 MARCH 2013

Advised a corporate interest organisation on a late intervention concerning proposed submissions on the jurisdiction of the Supreme Court to consider a closed judgment.

Sole Counsel for the proposed intervener.

AXIA FX LTD V ROYAL BANK OF SCOTLAND

2012-2013 (QBD)

Instructed in an on-going trial involving a claim for damages in millions arising from an alleged breach of contract committed by the Royal Bank of Scotland.

Sole Counsel for Axia. The Bank failed on summary judgment.

Chilab v Kings College London

2012 EWCA Civ 1178 (CA), Times, November 8, 2012

Successfully resisted a security for costs application against wife.

Sole Counsel. Court of Appeal.

THE GOVERNOR AND THE COMPANY OF THE BANK OF IRELAND & BANK OF IRELAND UK V JAFFREY & GILL

2012 EWHC 1377 (CH)

Instructed on appeal to the Court of Appeal in a case concerning first instance findings of breach of fiduciary duty, bribery and dishonest assistance involving loans in excess of £30 million.

Sole Counsel for the Appellants. Appeal subsequently settled.

QADIR V ROYAL BANK OF SCOTLAND & OTHERS

2011-2013 (QBD)

Defending a civil fraud claim in excess of £4 million against the former executive of the Bank of Ireland during his role as an RBS employee.

Claim settled.

Osuji v Holmes

2011 EWCA Civ 476, Times, April 19, 2011

Guidance given on the nature and scope of CPR r 38.2 (2): discontinuance where High Court injunction obtained but proceedings subsequently commenced in the County Court.

Ellias LJ granted permission to appeal on exceptional grounds. Court of Appeal.

Chamberlin v Revenue & Customs

2011 EWCA Civ 271, [2011] S.T.I. 1213

VAT/Insolvency.

Sole Counsel.

Nortel v Unite the Union & Anor

2010 B.P.I.R. 1003; Times, May 18, 2010

Permission to proceed against a company in administration involving suggested pension fund liabilities of 3.3 billion/correct applicable test.

Sole Counsel.

Chamberlin v Revenue & Customs

2010 S.T.I. 2177

Whether acceptance of an erroneous VAT return creates a bankruptcy debt in relation to legal services not chargeable to VAT.

Permission to appeal granted. Appeal allowed against a decision of the Chief Registrar. Represented the Appellant. Sole Counsel.

Richard Frederick v Joseph Owen & Others

2009 UKPC

Nature of a disbursement/costs practice and procedure.

Case settled after the Privy Council granted permission to appeal. Sole counsel for the Appellant.

G0 & Others v Secretary of State for the Home Department

2009 I.N.L.R. 16 (CA)

As a matter of construction, rr 57-60 of the Immigration Rules 1994 (HC 395) are not predicated upon a single course of study.

Appeal allowed.

Attorney General of St Lucia & The Judicial Legal Services Commission v Horace Fraser UKPC

2009 2 LRC 26 (PC)

The constitutional legality of a contract to remove a member of the judiciary.

Appeal allowed.

Secretary of State v Property Investor’s Courses Ltd & Anor

2009 EWCA Civ 104

Application to re-open appeal on a preliminary issue in petitions to wind up seven companies on public interest grounds brought by the Secretary of State for Business Enterprise and Regulatory Reform.

Sole Counsel. Court of Appeal.

Silvernoinnen v Creating Solutions Ltd & Anor

2009-2011 (Ch)

Claim concerning the validity of a share buy back arrangement and unpaid dividends in excess of £1 million where fraud and duress alleged.

Sole counsel. Chancery Division.

Attorney General of St Lucia & The Judicial Legal Services Commission v Horace Fraser UKPC

2009 2 LRC 26

Constitutional legality of a contract to remove a member of the judiciary.

Hathurani v Jassat

2009-2011 (Ch)

Joint venture/partnership and alleged illegality involving recoveries in excess of £30 million.

Chancery Division.

GW (Netherlands) (EEA Reg 21: Fundamental Interests) sub nom Geert Wilders v Secretary of State

2009 UKAIT 00050, [2009] UKAIT 50, [2010] INLR 337, [2010] Imm AR 269

The Appellant’s exclusion amounted to a substantial interference with his right to freedom of expression under article 10 of the ECHR, and was contrary to regulation 21 5 (a) of the EEA Regulations 2006.

Appeal allowed. Sole Counsel for the Appellant.

Hellard v Michael

2009 EWHC 2414 (Ch), [2010] BPIR 418

Extent and nature of court's supervisory justification over trustees in bankruptcy - Insolvency Act 1986, s. 303 (1), (2) and the fairness of the disposal of assets by biding process.

Daodu v Odunsi

2009 EWHC 1764 (Ch), LTL, 7/9/2009

Counterclaim/declaration for beneficial interest in land

Acted for the Claimant and successfully resisted the counterclaim.

Moore v Moore

2009 F.L.R. 957

Variation of security for costs order/juridiction to vary. Court of Appeal Civil Division. Represented the Applicant. Application granted.

Sole counsel.

Hughes v Alan Dick & Co (No.1)

2008 EWHC 2695 QB, LTL, 12/11/2008

Claim for slander not an abuse of process.

Represented the Claimant. Sole counsel.

Attorney General of Zambia v MCD

2008 Lloyd's Rep. F.C. 587

Section 10 of the Partnership Act 1890/dishonest assistance/knowing receipt.

Claims, pursued against the innocent partner during a six-month trial, which the Lawyer described as one of the biggest trials of 2007, were dismissed on appeal. Court of Appeal.

Day v Haine & Anor; re Compound Sections Ltd

2008 2 BCLC 517

Whether a protective award made after the date a company went into liquidation was provable in respect of redundancies made prior to that date.

Court of Appeal. Appeal allowed. Sole Counsel for the employees.

The Government of Equatorial Guinea v H

2007

Instructed as sole counsel on behalf of the Government of Equatorial Guinea in a claim for professional negligence against a bank worth £80,000 which was settled in favour of the Government.

Sole counsel.

Global Steele v Fawaz

10/11/2007 QBD

Before Mr Justice Teare successfully enforced an arbitration Award in the sum of £3 million

Sole Counsel.

In the Matter of SW (Trans-atlantic airline liquid bomb conspiracy)

30/8/2006, Mr Justice Ouseley

Landmark judgment where the Court extended detention without charge time for suspects accused of terrorism to 28 days.

Case heard under reporting restrictions.