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Graeme Halkerston

Call: 1994   

+44 (0)207 306 0102ghalkerston@wilberforce.co.uk

Company

Disputes about investment vehicles and joint ventures form a significant part of Graeme’s company law practice. Unfair prejudice claims, directors’ duties, derivative actions and companies owned by divorcing couples are central to many of his recent cases.

His in-depth knowledge of the laws of the major offshore jurisdictions is particularly helpful in such disputes, even when the litigation is taking place in the UK. Chambers UK  noted “He has an encyclopedic knowledge of all things to do with insolvency and company law.”

These are examples of his recent company work:

  • Representing England-based director in a collapsed property investment companyvinvolved in investor litigation in the England, the United States and the BVI.
  • Successfully applied for the removal of receivers appointed on an ex parte basis over a company jointly owned and managed by a husband and wife following the wife’s application to appoint those receivers in the course of parallel divorce proceedings.
  • Acting on offshore minority shareholder appraisal disputes.
  • Acted for investor group in unfair prejudice proceedings arising from allegations that assets and opportunities of the business had been wrongly diverted by management to companies controlled by that management. Case involved parallel arbitration proceedings in the Isle of Man arising out of the shareholders’ agreement.
  • Advised on the application of assets and liabilities of a segregated portfolio investment company and obtained Court approval of a merger of any claims against former management and advisers to permit those claims to proceed in the United States.

Providing expert evidence on issues of offshore company law including:

  • Opinions on derivative actions, share valuation mechanisms and directors’ duties in company litigation in New York. Expert evidence was cited before the New York Court of Appeals.
  • Instructed as expert on scope of Cayman fund directors’ duties in English High Court litigation.