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Gabriel’s commercial litigation practice varies from multi-million pound cases between large corporations to disputes between smaller companies, partnerships and individual traders.
Gabriel is frequently instructed to advise and represent clients in personal and corporate insolvency matters, and he regularly acts for company liquidators, administrators and trustees in bankruptcy.
Recent instructions include:
- Acting for the franchisee of a major UK car manufacturer, alleging wrongful termination of the dealership.
- Acting for an international automobile distributor in a dispute with a UK wholesaler over supplies of vehicles into the ‘grey market’, and in a dispute with a major UK bank over alleged improper payments under a standby letter of credit.
- Defending a major UK hotel group against a claim for an indemnity under a sale agreement, following a failed tax avoidance scheme.
- Acting (as part of a team of lawyers in the UK, Gibraltar and South Africa, led by Terence Mowschenson QC) for the defendant companies in claims to set aside a production sharing contract for the exploitation of oilfields in the Democratic Republic of Congo.
- Defending a financial adviser against claims by a former England football manager alleging fraud, breach of fiduciary duty and negligence, concerning a series of joint ventures in the UK, US, India and the Caribbean.
- Advising (as part of a team of lawyers in the UK and Spain) a former director of a FTSE 250 company over claims arising under a Share Sale Agreement.
- Acting for the principal defendant (led by Terence Mowschenson QC) 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 with offences of bribing overseas government officials and breaching UN sanctions – and pleaded guilty.
- Acting (as part of a team of lawyers in the UK, Switzerland and the Cayman Islands, led by Lawrence Cohen QC) for an investor in a dispute over the right of a hedge fund to alter its constitution, thereby depriving members of their right to redeem their shares.
- Advising the administrators of a sports management company on their rights under boxing promotion and management agreements, and over a dispute with a world boxing champion.
- Advising landlords on their rights where corporate tenants had gone into administration.
- Representing a creditor in an application to have a company voluntary arrangement, entered into in order to defeat the creditor’s winding-up petition, revoked as a sham.
- Resisting an application by company liquidators to privately examine a non-director, on the grounds of privilege against self-incrimination.
- Acting for the relative of a former director of one of the largest UK companies ever to go into liquidation against ‘tracing’ claims by liquidators alleging that she had unlawfully received company assets.