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Tim Penny QC

Call: 1988    QC: 2016

+44 (0)20 7306 0102tpenny@wilberforce.co.uk

Civil Fraud

Commercial fraud/cross-border cases

Tim has particular expertise in commercial fraud cases, many of which are cross-border. He therefore has excellent knowledge of search and worldwide freezing orders, jurisdiction and choice of law clauses and applications for permission to serve outside the jurisdiction; these cases often involve cross-examination on asset disclosure, contempt of court applications and without notice applications testing the boundaries of the court’s jurisdiction to ensure that assets are eventually available for the enforcement of judgments or arbitral awards. Tim is also experienced in taking steps to assist fraud disputes taking place abroad (for example, by orders under s.25 CJJA) or in arbitrations. Tim’s cases often involve allegations of breach of fiduciary duty and conspiracy.

Some of his recent cases include:

  • Abela v Baadarani [2017] EWHC 269 (Ch) (search order); a judgment on the jurisdictional basis for the granting of a search order against a third party to the litigation. In 2013, Tim was involved in the Supreme Court ([2013] UKSC 44) in this long-running case in what is now the leading case on applications for permission to serve by alternative means under CPR r6.15 and r6.37 in non-Convention States; in 2015 Tim was involved in contempt of Court proceedings and in 2016 obtained WFOs and a search order.
  • Marashen v Kenvett [2017] EWHC 1706 (Ch) (service outside the jurisdiction); an appeal on whether the Court was correct to permit alternative service within the jurisdiction of an application for a third party costs order in circumstances where, but for the alternative service order, service would have been effected through Hague Service Convention channels in Russia.
  • FCA v Capital Alternatives [2016] EWHC 1984 (Ch); a judgment on costs following cross-examination of a defendant on his defective asset disclosure.
  • BM-Bank v Chernyakov: During 2016 and 2017, Tim has been instructed by the claimant bank in this claim for c.£150m involving complex asset disclosure orders, search orders and other third party disclosure orders aimed at enforcing the bank’s judgment, as well as committal proceedings.
  • During 2016, Tim was instructed by the trustee in bankruptcy of a Russian individual in a complex case in restitution against third parties alleged to have been holding assets of c.$14m belonging to the bankrupt. Tim obtained urgent without notice proprietary injunctive relief and the claim settled before trial.
  • During 2015 and 2016, Tim was instructed by the claimant to enforce a c.US$40m U.S. judgment in this jurisdiction; a without notice injunction was obtained and the claim eventually settled.
  • In 2017, Tim obtained a ‘Doorstep Piller’ against a party alleged to have defrauded a well-known technology company.
  • Since April 2017, Tim has been instructed as lead counsel representing the Court appointed receivers of Sebastian Holdings following the c.US$300m judgment obtained by DBAG against SHI.
  • Tim is currently instructed as lead counsel for the claimant/purchasers in a substantial multi-party cross-border claim arising from alleged breaches of warranty in a Sale and Purchase Agreement and allegations of breaches of fiduciary duty/secret profits by the leaving directors.
  • Tim is currently (2016/2017) acting for the claimant who is endeavouring to enforce a USVI arbitration award in various offshore jurisdictions including in particular the Cayman Islands.

Older cases include:

  • VTB Bank v Skurikhin and others [2015] EWHC 2131 (Comm); [2014] EWHC 2254 (QB); [2014] EWHC 1053 (Comm); [2014] EWHC 271 (Comm); [2013] 2 All ER 418 (Comm); [2012] EWHC 3116 (Comm); [2012] EWHC 3916 (Comm) : Tim acted for VTB, one of Russia’s largest banks, in a claim which started off as a contested ‘without notice’ claim for interim relief under s25 CJJA 1982 in support of proceedings in Russia against a high profile Russian businessman, and concluded with the appointment of an equitable receiver against the target entity.
  • A v B [2014] EWHC 719 (Ch); [2013] EWHC 1776 (Ch); [2013] EWHC 330 (Ch): Between 2009 and 2014 Tim acted for the successful claimants in this £3 million fraud claim. Tim obtained a WFO in late 2009 and conducted a 15-day trial in early 2013, following which his clients obtained a substantial judgment for dishonest breaches of fiduciary duty and forfeiture of agent’s commissions/fees. Post-Judgment, Tim obtained a WFO against the judgment debtor’s offshore trust company, post-judgment disclosure orders a post-judgment charging order and the claim settled in the middle of a trial under s423 of the Insolvency act 1986.
  • A v B: In this case arising in the regulated sphere, Tim acted for a defendant facing allegations of bribery and breach of fiduciary duty.
  • Key Homes v Patel [2014] WL 16417: Tim acted for the defendant in this case, in which the client sought to challenge the jurisdiction of the Court to hear the claim.
  • Ukrsibbank v Polyakov (2013): Tim was part of a team instructed by the claimant in a US$100m WFO pursuant to section 25 CJJA in support of proceedings in Ukraine.
  • Bank of Moscow v JFC Group (& Kekhman) [2012] EWHC 2915 (Comm): acted for the claimant in this US$150m claim against companies in the JFC Group and their alleged de facto director. Tim successfully opposed an application by the alleged de facto director seeking his removal from the penal notice on the WFO.
  • Ramsay v Hutcheson (2011-2012): acted for the defendants in the claim brought by celebrity chef Gordon Ramsay against his father-in-law and other family members related to computer hacking. It involved the execution of a search order and issues relating to the privilege against self-incrimination.