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Much of Jack’s work concerns business and commercial disputes, particularly those relating to:
- Civil fraud
- Asset tracing
- Financial services
- Regulatory issues
- Company and partnership issues
Jack’s work often has an international element involving fraud and breach of fiduciary duty, often with a heavy factual dispute. He has considerable experience of fund and LLP disputes as well as freezing injunctions (both seeking and responding to) and Norwich Pharmacal and other pre-action disclosure applications.
Jack’s recent experience of civil fraud/insolvency work includes:
- AHAB v Saad (2018): acting as junior counsel (with Tom Lowe QC) in one of the largest fraud cases ever litigated, involving a claim for around US$9bn, a trial lasting over a year and the disclosure of over 5 million documents. In addition to complex issues of fact, the case involved issues relating to tracing and asset recovery, trust and partnership law, attribution of knowledge, ex turpi causa, bona fide purchase, conflicts of law and the law of Saudi Arabia, Switzerland and Bahrain.
- Richards v Bodden (2018): Appearing as sole counsel in the Cayman Islands Court of Appeal in a complex claim for restitution arising out of a failed property purchase.
- Re Abraaj (2018): acting as junior counsel (with Tom Lowe QC) in obtaining a proprietary injunction preventing a distribution of sale proceeds allegedly held on constructive trust arising out of the collapse of the Abraaj Group.
- Lemos v Blue Diamond (2018): Acting for the Claimants in a claim relating to the legal and beneficial ownership of shares in two Liberian Corporations.
- Re Lancelot (2017): Acting for a group of funds in a claim for deceit and conspiracy arising from the liquidation of the main feeder funds involved in the SU$10 billion Petters fraud.
- PCA v NatWest (unreported): Acting for a defendant bank in an application for preaction disclosure in a purported claim involving restitution, liability to account as a constructive trustee and liability under the Payment Services Regulations 2009.
- Re Westpark (2017): Acting in an arbitration in relation to alleged non-payment of solicitors’ fees which raises issues of breach of fiduciary duty, the self-dealing rule, solicitors’ negligence/regulatory compliance and Wrotham Park damages.
- Acting for in an application to discharge a receivership over assets held in a number of jurisdictions as part of the litigation arising from the largest fraud in recent Latvian history (reported variously as Antonio Gramsci Shipping, Recoletos and Lembergs) being litigated out in the Commercial Court.
Jack also has considerable advocacy experience in a fraud/insolvency context. His recent experience include cross examining an expert accountant in relation to a claim to trace over US$150m (as part of AHAB v Saad) and obtaining limited admission to appear in the Court of Appeal (unled) in Richards v Bodden).
Jack also has an interest in tracing/restitution issues and has been published on the issue of when a mistake will enable parties to obtain restitution of payments made pursuant to defective swap transactions (K.L.J. 2011, 22(2), 220-227).