Property & Chancery
Seb’s Chancery/Commercial practice focuses on insolvency, real property and commercial law. He is a member of the Chancery Bar Association and an associate member of the Association of Business Recovery Professionals (R3).
He has considerable experience of advocacy in the High Court and County Courts, and has been instructed in the Court of Appeal. Typical recent cases include:
- Acting for liquidators in the recovery of assets from former directors of a company and related parties
- Advising on jurisdictional disputes under the Brussels Regulations and international Conventions
- Shareholder dispute arising from the dissolution of a technology-based business venture, claiming duress and intimidation (2016, Court of Appeal)
- Acting for an AIM-listed company in derivative action proceedings under the Companies Act 2006 (2015, Chancery Division)
- Defending a company director in breach of trust and preference / transaction at undervalue claims concerning dealings with land (2014, Chancery Division, Companies Court)
- Representing a charitable organisation in a claim brought by its lenders (2014, Queen’s Bench Division)
Noteworthy and recent cases (Chancery / Commercial)
Dawson v Bell  EWCA Civ 96;  2 BCLC 59 (contribution claims between defaulting company directors; intimidation and duress)
Re Elektron Technology plc  EWHC 2121 (Ch),  All ER (D) 97 (resisting an application to permit an action to proceed as a derivative action against an AIM-listed public company)
Davy v Pickering  EWHC 380 (Ch),  2 BCLC 116 (the discretion to make directions under s.1032 of the Companies Act 2006, including provision back-dating the deemed date of presentation of a winding up petition)
Green (as liquidator of Al Fayhaa Mass Media Limited) v. El-Tai  BPIR 24 (Ch) (liquidator’s preference claim considering director’s duty of fairness between creditors, in repaying loans)
Hunt and Ors v. Optima (Cambridge) Ltd and Anor  EWHC 681 (TCC), (2013) 148 ConLR 27 (defects and tenants’ repair claim arising out of the development of 26 new-build properties)
Threlfall v. ECD Insight Ltd  IRLR 185 (QB) (breach of solicitation covenant in director’s employment contract, and in a share buy-out agreement)
JGD Construction Ltd v. Mills  EWHC 572 (Ch),  BPIR 811 (appeal considering the extent to which the court has a discretion to make a final third party debt order, notwithstanding the fact that the judgment debtor has entered formal insolvency proceedings)
Stupples v. Stupples & Co (High Wycombe) Ltd  EWHC 1226 (Ch);  1 BCLC 729 (defence of claim for agent’s fees, based on agent’s conflict of interest)
Courtenay Gate Lawns Ltd v. Lee  UKUT 125 (Lands Chamber) (resisting application to discharge restrictive covenants in a long lease, raising a point of principle as to the effect of a landlord’s conduct in granting subsequent leases in different form)
Asiansky Television Plc & Anor v Khanzada & Ors  EWHC 2831 (QB) (professional negligence claim in relation to the conduct of litigation)
Imageview Management Ltd v. Jack  EWCA Civ 63;  2 All ER 666;  1 Lloyd's Rep 436;  1 BCLC 724;  Bus LR 1034; The Times, 24 March 2009 (extent of a fiduciary’s disentitlement to remuneration following breach of duty).
Publications in this field
“Forfeiture of fiduciary remuneration following breach of duty: from contract to conscience”  Lloyd's Maritime and Commercial Law Quarterly 95.
- Member of the Chancery Bar Association
- Associate member of the Association of Business Recovery Professionals (“R3”).