Litigation
Breach of fiduciary duties – I have acted for a number of companies where financial misfeasance was suspected on the part of directors or senior employees. The cases I have worked on have involved pursuing evidence to support the contention that senior employees or non-statutory directors were actually de facto directors, or something about their role meant they were considered to owe fiduciary duties to the company.
Fraudulent misrepresentation – I have successfully acted for a group of private investors who were misled as to the value of the company in which they were investing, and consequently, the value of the shares they purchased. Through meticulous investigation of documents and correspondence provided to the claimants, and the support of expert evidence, we were able to demonstrate that the company was worth just a fraction of what was represented by the defendants. Judgment was given for our clients.
Director and shareholder disputes – I represented a director and shareholder of a company providing accommodation services to the public sector. A dispute had developed between co-directors and shareholders which was threatening to disable the services provided by the company. Proceedings had been issued and Tenet took over from the defendants’ previous solicitors which required us to hit the ground running. We guided this matter to mediation resulting in an amicable resolution for all parties.
Forged documents – I have represented a number of individuals who have found themselves victim of fraud by a family member or business partner whereby they have discovered financial products taken out in their name without their knowledge or consent, or whereby their signature has been applied to financial documents without their knowledge or consent. I was successful in getting the majority of these debts written off by financial institutions.
Personal guarantees – I successfully led a case to an amicable settlement where the elderly parents of a business owner had been pressured into signing personal guarantees for loans that were made to the business despite them having no financial interest in or benefit from the business. Unknowingly, they had also signed a legal charge over their home giving the loan company an immediate power of sale in the event of default.
APP fraud – I have successfully recovered substantial monies from a mainstream bank paid to an account held outside of the UK (therefore not subject to the Contingent Reimbursement Model Code) by someone who was considered to be vulnerable.
Financial institutions – I have represented a number of financial institutions in litigation brought by customers in circumstances where funds have been frozen in light of allegations of fraud and returned to sender. I have also advised an EMI on the scope of disclosure obligations under a Norwich Pharmacal Order, assisted the same EMI understand its obligations in relation to a number of third-party debt orders received by it and successfully defended a claim following service of a statutory demand in circumstances where the debt was disputed.
Enforcement – Getting judgment in a fraud case is only half the story. Given the nature of fraud, and the types of defendants we deal with, it is very unlikely that a judgment debt will be paid voluntarily. One particular case has forced us to be inventive with enforcement procedures, working our way through defendants declaring themselves bankrupt, enforcing against a defendant’s pension fund, and purchasing a trustee in bankruptcy’s interest in a bankrupt’s home to enable enforcement against the equity in the property.
Commercial contract disputes – I have advised a wide variety of businesses from multinational franchisors to nationally recognised brands, to start ups and local SMEs in relation to contract termination, early exit, alleged breaches, novation and unreasonable terms. More often than not, businesses in these circumstances need advisors who can think outside the box, and work with them and their contracting partner to reach an amicable resolution.
Cross border litigation – I acted on behalf of a NASDAQ listed multinational technology corporation in relation to debt recovery against companies incorporated in Kenya. This involved resolving issues around service out of the jurisdiction, an application for default judgment, and an application for certified copies of the judgment to enable enforcement in Kenya.
Compliance
I have provided advice to the MLRO / in-house counsel of a number of UK-based challenger banks / EMIs / fintechs on the following issues:
- What constitutes a risk-based approach in certain circumstances taking into account the Money Laundering Regulations and guidance published by the FCA and Joint Money Laundering Steering Group
- Access request by DWP in respect of customer’s account
- Specific queries regarding obligations under POCA
- The speed with which SARs must be submitted to NCA and the circumstances in which SARs can be disclosed in civil proceedings
- The retention of records taking into account FCA and GDPR requirements
- Specific queries regarding obligations under Regulation 33 of the Money Laundering Regulations
The difference between an APP fraud and a civil claim
