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FENNER MOERAN QC

Call: 1996    QC: 2014

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

Commercial

Fenner has been recommended in the directories for some years in both general Commercial Chancery (including in Chambers Global) and in specialist Civil Fraud and asset recovery.

“Fenner has a great manner with clients and is particularly good at explaining complicated areas in simple ways so that clients understand. He is good on his feet and is a delight to work with.” “He has great strategic instincts and is very outcome-focused and pragmatic.” (Chambers & Partners, 2021: Commercial Chancery)

“Very clever, knows the law well, strategically savvy and is a pleasure to work with.” (The Legal 500, 2021: Commercial Litigation)

Earlier editions have described him as “an impressive litigator, whose experience spans freezing orders, asset tracing, shareholder disputes and professional negligence claims” who “has a thorough grounding in the law, and just tenaciously goes for it in court”. He is an “alert performer in court”, who is “clever, sensible and approachable” and a “fount of knowledge when it comes to obscure legal points, and also has the ability to quickly identify the right issues.” Clients like working with him because he is “great at cross-examination and has a sound grasp of mathematical concepts”.

Notable cases include:

  • Gavigan v Norton [2020] EWHC 2583 (Ch): Tribunal and procedure for committal
    applications in cases transferred from High Court to County Court.
  • Bostani v Pieper [2019] 4 WLR 44 [2019] 2 All ER (Comm) 276 [2019] EWHC 547 (Comm):  Enforcement of Tomlin orders / lifting stays of proceedings, and how limitation periods / passage of time applies to this.
  • Caribonum Pension Trustee Ltd v Pelikan Hardcopy Production AG [2019] EWHC 314 (Ch), and [2019] 6 WLUK 362:  Construction and enforcement of a guarantee, abuse of process.
  • Jones v Hamilton [ 2017] EWHC 3361 (Ch) and [2017] EWHC 1065 (Ch). Forgery of share documentation, and taking an account between business partners.
  • Kanev-Lipinski v Lipinski [2016] EWHC 475 (QB). Discharging worldwide freezing and search orders made in support of Israeli proceedings under Civil Jurisdiction and Judgments Act 1982 s.25 where there was no real risk of dissipation.
  • Re Bovey Cranbrook RBS [2013] EWHC 4346 (Ch): Inherent jurisdiction of the Court, freezing injunctions and cross-undertakings by public bodies and office holders.
  • JSC BTA Bank v Solodchenko [2012] EWHC 1247 (Comm): Third party delivery up of documents, cross-examination of third parties, passports and restraint orders.
  • Redpath v Shefford [2011] All ER (D) 12 (Mar). Adjournment of proceedings on first day of fraud trial.
  • Law Society of England and Wales v Isaac & Isaac International Holdings Ltd [2010] EWHC 1670 (Ch). Mortgage fraud by solicitors, dishonest assistance and conspiracy, tracing and asset recovery.
  • Law Society of England & Wales v Habitable Concepts Ltd [2010] EWHC 1449 (Ch). More solicitors mortgage fraud…
  • Chan Sui v Appasmy [2008] BPIR 18. Setting aside a statutory demand on the basis of cross-demands and equitable set-off.
  • PNC Telecoms plc v Thomas & others [2008] 2 BCLC 95 Director’s breach of fiduciary duties, relief from liability and conflicts of interest.