Gabriel Fadipe

Commercial CV

• Chancery

Gabriel's commercial litigation practice varies from multi-million pound cases between large corporations to disputes between smaller companies, partnerships and individual traders. He also acts regularly in ‘sub-prime' mortgage cases, often involving allegations of undue influence, fraud or ‘unfair relationships' (formerly ‘extortionate credit bargains').

Notable cases include:

• Mabey & Johnson Limited v Danos & Others (High Court, London). Led by Terence Mowschenson QC, Gabriel acted for the principal defendant, in a case involving allegations and counter-allegations of bribery and corruption relating to the procurement of government construction contracts abroad. Following significant media interest generated by the case (and in particular the defence drafted by Terence and Gabriel), the claimant company was charged in July 2009 - and pleaded guilty - with offences of bribing overseas government officials and breaching UN sanctions.  Read the news story
  
  
• FSA v Dobb White and Others (High Court, London). Gabriel represented two accountants accused by the FSA of running, together with an associate in the USA, a $200 million 'Ponzi' scheme.
  
  
• In re R.. S.. S.. Fund Limited (Grand Court of the Cayman Islands). Led by Lawrence Cohen QC, Gabriel acted for an investor in a dispute as to the right of a hedge fund to alter its constitution, thereby depriving members of their right to redeem their shares.
  
  
• RBS v Hathiramani (High Court, London). Gabriel represented the bank in its claim to recover sums following a suspected multi-million pound invoice-discounting fraud.
  
  
• Lexi Holdings v Luqman & Others (High Court and Court of Appeal). Gabriel acted for one of the defendants, a chartered surveyor, accused of dishonestly over-valuing properties as part of a bridging-loan fraud (described by one judge as "truly shocking in its scale and audacity").  Read the news story

Modern/Traditional Chancery

Gabriel advises and represents clients in matters ranging from contentious probate (including applications under the 1975 Act), trusts and ‘private client' disputes, to debt collection, insurance and sports law.

Recent instructions include:

• Advising as to whether insurers are entitled to avoid cover (particularly on the grounds of fraud or material non-disclosure.
  
  
• Acting for a divorcee asserting a proprietary estoppel claim, in circumstances where she had agreed not to bring any a claim for ancillary relief on the promise that she would be allowed to remain at the former matrimonial home for life (Stallion v Albert Stallion Holdings Limited; High Court, London).
  
  
• Representing a claimant in an action to recover a substantial loan, including a successful application to set aside a transfer of the debtor's property to his wife (as a transaction defrauding creditors), and obtaining a charging order over that property - despite the debtor having declared himself bankrupt in an attempt to frustrate the judgment (Jones v Richards; High Court, Birmingham).
  
  
• Advising a firm of solicitors in relation to claims brought by a former partner.
  
  
• Acting for a ‘remainderman' beneficiary against a trustee who had refused to pay over the capital sum - but demanded an undertaking by the beneficiary not to sue for suspected breaches of trust (Davies v Clydesdale Bank; High Court, London).
  
  
• Advising a local authority as to its rights to recover the costs of providing residential care accommodation, where the residents had previously transferred their own property to relatives.