Michael has a significant offshore practice. He has been admitted to the Bars of the following jurisdictions for the purpose of appearing in their courts:
– Hong Kong (High Court, Court of Appeal, Court of Final Appeal)
– Bermuda (Court of First Instance, Court of Appeal)
– British Virgin Islands (Court of First Instance, Court of Appeal)
– Cayman Islands (Court of First Instance)
– Dubai (DIFC)
– Isle of Man (Court of First Instance)
– Turks & Caicos Islands (Court of Appeal)
– Northern Ireland (High Court)
Significant cases include:
PAN SINO INTERNATIONAL HOLDING LIMITED [2023] (IN LIQUIDATION) – Mediation in relation to winding-up proceedings in Hong Kong brought by the current liquidators against the former liquidators. Michael Todd KC instructed to provide an independent opinion on the respective merits of the parties’ case.
SEAHAWK CHINA DYNAMIC FUND [2023] – An appeal in Cayman against a decision of Doyle J who dismissed the winding up petition of the client, a shareholder of the company. The case settled after permission to appeal was sought.
CREDORAX INC -AND- ISRAELI VC PARTNERS LP AND IZIT MANAGEMENT LIMITED [2023] – A BVI case concerning the effect of US sanctions against a person associated with a noteholder (creditor of the company) and the ability of the company to discharge its indebtedness to the noteholder in the manner directed by the noteholder.
OURGAME INTERNATIONAL HOLDINGS LIMITED [2023] – Proceedings in Cayman concerning misuse by directors of the company of their fiduciary powers in selling to a person associated with them an asset of the company. There were several transfers of that asset and it was difficult to get an effective injunction. Michael Todd KC therefore advised that a receiver should be appointed by the court over that asset to preserve it pending the outcome of the litigation. As the receiver was an officer of the court any interference with him in the exercise of his powers would be a contempt of court.
IMRAN SIDDIQUI AND CALDERA HOLDINGS LTD / ATHENE [2023] – A Bermuda case in which Athene alleges against Siddiqui that Siddiqui and another person have misused confidential information belonging to the Athene. Michael Todd KC appears for Siddiqui.
BF&M LIMITED [2023] – Michael Todd KC is advising on 2 matters for BF&M (1) Corporate Governance issues and (2) a claim by another insurance company, VL Assurance (Bermuda) Limited, seeking to make BF&M liable in respect of representations allegedly made by BF&M concerning the affairs of BF&M’s then subsidiary.
CHINA NATIONAL BUILDING MATERIAL CO LED [2023] – A Cayman claim by way of winding up petition against China Shanshui Cement Group Ltd. It is alleged that 2 shareholders (including CNBM a Chinese state owned company for whom Michael Todd KC acts) agreed to compete against another shareholder, Tianrui, to take-over control of the company, China Shanshui Cement Group Ltd.
SIGNIFIER MEDICAL TECHNOLOGIES LIMITED [2023] – Signifier concerns an attempted take-over by certain board members to gain control of the company by misusing their fiduciary powers as directors and against the wishes of the majority of shareholders of the company. It has resulted in the majority shareholders adding further persons to the board of directors and an EGM at which it is expected that those who attempted the take-over will be removed as directors.
Re: ETFS Limited (Jersey) – minority oppression of PE funds.
Re: Hollysys Ltd (BVI) – claim for misuse of fiduciary power.
D P World plc – First Scheme of arrangement in Dubai. Concerning a company within the Dubai World Group, listed on the Dubai Stock Exchange.
St Johns Trust Company Limited Bermuda – Dispute over ownership and control, of trust company in Bermuda.
Chagala – application to the BVI Court to strike out proceedings brought by holders of depository interests.
Walkers (Bermuda) Ltd v Bermuda Bar Council [2019] UKPC 25 – advising on successful appeal to the Privy Council concerning an application for a certificate of recognition from the Bermuda Bar Association for a Bermuda company which acts in association with Walkers Global.
PT Satria Tirtatama Energindo v East Asia Company Ltd – appeal to the Privy Council from the Court of Appeal in Bermuda, challenging the refusal to register a share transfer in favour of the claimant.
Ofo v Didi Chuxing – instructed from Shanghai in relation to potential joint venture litigation in the UK.
Trina Solar –appearing for a minority shareholder in a Cayman Islands exercising its statutory (S 238 Companies Law) appraisal rights in relation to the compulsory acquisition of its shares.
Culross Global SPC Limited v Strategic Turnaround Master Partnership Limited [2010] UKPC 33 – leading authority on power to suspend redemptions of shares in hedge funds.
American Patriot Agency v Mutual Risk Management (2013) (Privy Council, on appeal from Bermuda) – Insurance fraud.
Validus Holdings Ltd v IPC Holdings Ltd and Max Capital Group Ltd [2009] (Supreme Court of Bermuda) – viability of hostile scheme of arrangement, promoted by a member.
