Arbitration
April 2013: Instructed on behalf of a Jersey company in a large-scale arbitration involving allegations of unfair prejudice under Article 141 of the Companies (Jersey) Law 1991. The arbitration involved the application of principles discussed by the Court of Appeal in Fulham Football Club (1987) Ltd v Richards [2012] Ch 33.
Company Litigation
Dennis v TAG Group Ltd [2017] EWHC 919
Ben was instructed to act for Ron Dennis in unfair prejudice proceedings relating to the conduct of the affairs of the McLaren Technology Group Ltd (led by David Chivers KC). This application was concerned with the question of whether the respondents had submitted to the jurisdiction of the English court.
Wann v Birkinshaw [2017] EWCA Civ 84
Ben was instructed as sole Counsel on a successful appeal in the Court of Appeal relating to the valuation of the petitioner’s shares for the purposes of a buy-out order in unfair prejudice proceedings.
Interactive Technology Corporation Ltd v Ferster [2016] EWHC 2896
Four-week trial of (i) claims by a company against a director (J) involving allegations of diversion of an online gaming business and payments of excessive remuneration and expenses and (ii) an unfair prejudice petition presented by J against his co-directors (led by Andrew Thompson KC).
Interactive Technology Corporation Ltd v Ferster [2016] EWCA Civ 614
Acted for appellant on an appeal against the grant of a freezing injunction and a search and seizure order (led by Andrew Thompson KC).
Interactive Technology Corporation Ltd v Ferster [2015] EWHC 3895
Acted for applicant on successful application to admit evidence of blackmail threat, relying on exception to without prejudice privilege (led by Andrew Thompson KC).
Interactive Technology Corporation Ltd v Ferster [2015] EWHC 393
Acted for Respondents on applications for freezing injunction and search and seizure order in a dispute concerning allegations that business had been diverted from the Claimant company.
Petrodel Resources Ltd v Prest [2013] 2 WLR 557
Appeared with family Silk, Tim Amos KC, in the Court of Appeal and Supreme Court. This “landmark” case concerned the ability of the family courts to pierce the corporate veil of a company controlled by a party to a marriage for the purposes of satisfying an ancillary relief award.
Kleanthous v Paphitis [2011] EWHC 2287
Appeared on behalf of three respondents at the hearing of an application brought by a minority shareholder in the Ryman Group to continue derivative proceedings against Theo Paphitis and others.
Royal Bank of Scotland plc v Hicks [2010] EWHC 2568
Appeared on behalf of RBS on successful applications for injunctive relief against the former owners of Liverpool Football Club. As a result of these injunctions, the directors of the Club’s holding companies were able to sell the Club to the owners of the Boston Red Sox.
AMG Global Nominees (Private) Ltd v Africa Resources Ltd [2009] 1 BCLC 281 (CA); [2008] 1 BCLC 447 (Ch D)
Acted for the claimant/Part 20 defendant in a dispute concerning title to bearer share warrants. The legal issues included the question of whether an English parent company may give unlawful financial assistance by allowing its foreign subsidiary to give assistance.
Interactive Technology Corporation Ltd v Ferster [2015] EWHC 393
Acted for Respondents on applications for freezing injunction and search and seizure order in a dispute concerning allegations that business had been diverted from the Claimant company.
Re Quiet Moments Ltd [2013] EWHC 3806; [2014] EWCA Civ 1536
Ben acted for the petitioner on an application to wind up a company on the just and equitable ground and claims by the petitioner to enforce compulsory transfer provisions contained in a shareholders’ agreement. The application was dismissed and a costs’ order made against the petitioner. Ben acted for the petitioner on a successful appeal to the Court of Appeal against the Judge’s refusal to order co-applicants to contribute to costs payable by the petitioner.
Estafnous v London & Leeds Business Centres Ltd [2009] EWHC 1308; [2011] EWCA Civ 1157
Acted for the defendant, both at the first instance and in Court of Appeal, in the successful defence of a claim brought by an estate agent for a commission payment of £2 million. The issue in this case was whether an agreement which provided for the payment of commission on a sale of real property included an obligation to pay commission on a sale of shares in the company which owned the property.
Capcon Holdings plc v Edwards & Ors [2007] EWHC 2662
Acted for the claimants in a contractual dispute concerning a share sale agreement. The case gave rise to complex issues concerning the scope of defences to a claim for rescission.
