John Grocott-Barrett

Civil fraud and asset recovery

John is a core civil fraud and asset recovery practitioner. He has acted in claims involving bribery and secret commissions, deceit, duress and intimidation, breach of fiduciary duty and proprietary claims, and is experienced in the interim remedies that accompany such litigation, including proprietary injunctions, receivership orders, and Norwich Pharmacal and Bankers Trust relief.

Recent cases include:

• PIFSS v Al Wazzan & ors (judgment awaited): defending a US$1.1bn bribery claim on behalf of two defendants alleged to have paid US$110m in secret commissions. John was led by Tim Penny KC. The 40-week trial of this claim is said to be the longest trial in modern Commercial Court history.
• ABFA Commodities Trading Ltd v Petraco Oil Company SA [2024] EWHC 147 (Comm): defending (led by Alan Gourgey KC and Bobby Friedman KC) an application to enforce an undertaking in damages in respect of US$28.7m of losses suffered by a third party. In a novel area of law, the Court refused to exercise its discretion to enforce the undertaking in part on account of the applicant’s dishonesty.
• Alsaady v Al Hamadani and six others: acting for the claimant in a complex US$30m partnership, breach of bailment and fraud claim in relation to various art, antiques and other chattels. John was led by Bobby Friedman KC in successfully obtaining a proprietary injunction, the appointment of a court receiver and a disclosure order.
• Lloyds Bank Plc v Spencer & anor: defending (led by Thomas Grant KC) a £4m claim on the basis that lending at excessive rates was procured by duress, intimidation and deceit, and in any event contained penalties and gave rise to an unfair relationship within the meaning of s.140A of the Consumer Credit Act 1974.
• Gertner & ors v Weinroth: acting (led by Fenner Moeran KC) for the respondents to an application made pursuant to a Bankers Trust order, contending that jurisdiction lay solely under the Evidence (Proceedings in Other Jurisdictions) Act 1975 and that the Israeli trust said to have arisen did not, properly characterised under English law, give rise to a proprietary interest.
• International Medical Supplies Ltd v Decker and anor: acting (led by James Bailey KC) for the first defendant in a breach of warranty of authority claim for £10m.
• Acting in a High Court application by the administrators of a company who suspected misfeasance for a Norwich Pharmacal / Bankers Trust.

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Insolvency

John acts for office holders, creditors, directors and companies across the full range of contentious insolvency work, from substantial claims against former directors to petitions, statutory demands and applications arising in administrations and bankruptcies.

Recent cases include:

• Re Windward Prospects Ltd: defending the former directors of Windward Prospects Ltd against a £150m claim for transactions at an undervalue and misfeasance, originally brought by the company’s joint administrators and now pursued by BAT Industries Plc as assignee of the claims. Following the Court’s decision to case manage and try the claim against the directors together with BAT’s related claim against S&W Partners LLP, the trial is listed to be heard not before November 2027.
• AIK v Prospect Business Centres (Monument) Ltd and anor: acting (led by John McGhee KC) in an application for leave to proceed against an insolvent company and possession pursuant to the Blue Jeans This case involved considering the ICC’s jurisdiction to order possession against an ostensible licensee who claimed to benefit from a lease.
• Decker v International Medical Supplies Ltd: acting (led by James Bailey KC) for the applicant debtor in an application to set aside a statutory demand, successfully persuading the Court to adjourn the matter until such time as an application to set aside a default judgment is determined.
• Acting in a High Court application by the administrators of a company who suspected misfeasance for a Norwich Pharmacal / Bankers Trust.
• Acting for administrators in various applications to extend administrations.
• Acting for petitioners, debtors and companies in complex bankruptcy and winding up petitions.
• Advising and acting for a creditor responding to applications to set aside statutory demands made in respect of guarantors.
• Applying for retrospective alternative service of documents in respect of a bankrupt who failed to attend a private examination after evading service.

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Company law

John’s company practice encompasses claims for breach of directors’ duties, shareholder, joint venture and partnership disputes, unfair prejudice, and applications concerning company registers. It overlaps closely with his fraud and insolvency work, and draws on his pre-Bar experience of corporate governance at EY.

Recent cases include:

• Re Windward Prospects Ltd: defending the former directors of Windward Prospects Ltd against a £150m claim for misfeasance and transactions at an undervalue, now pursued by BAT Industries Plc and listed for trial (together with BAT’s related claim against S&W Partners LLP) not before November 2027.
• Alsaady v Al Hamadani and six others: acting for the claimant in a complex US$30m partnership, breach of bailment and fraud claim in relation to various art, antiques and other chattels. John was led by Bobby Friedman KC in successfully obtaining a proprietary injunction, the appointment of a court receiver and a disclosure order.
• Successfully applying for, and separately successfully resisting, the rectification of company registers.
• Acting in and drafting an intended unfair prejudice petition.
• Acting for a neutral company in unfair prejudice proceedings.
• Advising on whether a shareholders’ agreement could be relied on in effect to obtain unfair prejudice relief from the Courts in England, notwithstanding the company being incorporated in Gibraltar.
• Advising on whether a director was entitled to represent a company at trial.

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Trusts, probate and estates: contentious

John acts and advises in contentious trusts matters, both domestic and cross-border, often where trusts issues intersect with fraud, asset recovery or co-ownership disputes. He has written on equitable co-ownership in Wilberforce’s Private Client eBriefing.

Recent cases include:

• Gertner & ors v Weinroth: acting (led by Fenner Moeran KC) for the respondents to an application made pursuant to a Bankers Trust order, contending that jurisdiction lay solely under the Evidence (Proceedings in Other Jurisdictions) Act 1975 and that the Israeli trust said to have arisen did not, properly characterised under English law, give rise to a proprietary interest.
• Solomon & ors v Charles & anor: acting for the claimants as sole counsel in a 2.5 day trial of a claim for a declaration and accounts in respect of rental proceeds received over a 40 year period, arguing that a beneficial joint tenancy had been severed by a course of dealings prior to the deceased’s passing.
• Acting (led by Clare Stanley KC) for the respondent settlor in an application for directions by the trustee.
• Assisting a trustee in complying with a Norwich Pharmacal / Bankers Trust.
• Assisting in a matter concerning real evidence in a complex cross-jurisdictional trusts dispute.

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