John Grocott-Barrett

Examples of work undertaken since joining include:

Commercial

• ABFA Commodities Trading Ltd v Petraco Oil Company SA [2024] EWHC 147 (Comm): defending (led by Alan Gourgey KC and Bobby Friedman) 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.
• Acting (led by John Wardell KC and Emily McKechnie) on behalf of two of approximately 40 defendants in a claim for US$870m set for trial in 2025.
• Advising (led by Max Mallin KC) on a Financial List claim involving various regulatory breaches by the issuer of securities which resulted in the loss of the majority of their value.
• Acting on a pre-action basis in a £34m debt claim by a father against his children, in circumstances where the children say that sums were advanced as gifts.
• Advising on a claim for breach of contract and a counterclaim for rectification for unilateral mistake.
•  Advising on strike out on the basis of res judicata.
• Advising on the proper construction of an indemnity and exclusion clause.

Fraud

• ABFA Commodities Trading Ltd v Petraco Oil Company SA [2024] EWHC 147 (Comm): defending (led by Alan Gourgey KC and Bobby Friedman) 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 $30m USD partnership, breach of bailment and fraud claim in relation to various art, antiques and other chattels. John was led by Bobby Friedman in successfully obtaining a proprietary injunction, the appointment of a court receiver and a disclosure order.
• Acting (led by John Wardell KC and Emily McKechnie) on behalf of two of approximately 40 defendants in a claim for US$870m set for trial in 2025.
• 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.

Insolvency

• 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.
• 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 jurisdiction. This case involved considering the ICC’s jurisdiction to order possession against an ostensible licensee who claimed to benefit from a lease.
• 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.

Commercial Chancery

• Alsaady v Al Hamadani and six others: acting for the claimant in a complex $30m USD partnership, breach of bailment and fraud claim in relation to various art, antiques and other chattels. John was led by Bobby Friedman in successfully obtaining a proprietary injunction, the appointment of a court receiver and a disclosure order.
• Acting in a High Court application by the administrators of a company who suspected misfeasance for a Norwich Pharmacal / Bankers’ Trust order.
• Advising on whether a director was entitled to represent a company at trial.
• Advising on whether a shareholders’ agreement could be relied on to in effect obtain unfair prejudice relief from the Courts in England, notwithstanding the company being incorporated in Gibraltar.

Trusts

• 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 order.
• Assisting in a matter concerning real evidence in a complex cross-jurisdictional trusts dispute.

Financial Regulation

• Together with Max Mallin KC, advising on a Financial List claim involving various regulatory breaches by the issuer of securities which resulted in the loss of the majority of their value.
• Together with Daniel Lewis, advising on whether an entity required FCA authorisation for conducting controlled claims management activity or providing claims management services.
• Acting in various trials of claims pursuant to the Consumer Credit Act 1974.
• Advising on private rights of action pursuant to s.138D of the Financial Services and Markets Act 2000 (FSMA).
• Considering whether a foreign market qualifies as an eligible market for the purposes of FCA rules.

Property

• Acting for the claimants as sole counsel in Solomon & ors v Charles & anor, a 2.5 day trial of a claim for a declaration and accounts in respect of rental proceeds received over a 40 year period. The declaration involved arguing that a joint tenancy had been severed by a course of dealings prior to the deceased’s passing.
• Successfully acting for the claimant as sole counsel in Ratnam v Pearinpanathan, the trial of a claim for renewal of a business tenancy. A significant costs award was made in the claimant’s favour after obtaining a judgment more favourable than a Part 36 offer he had made.
• 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 jurisdiction. This case involved considering the ICC’s jurisdiction to order possession against an ostensible licensee who claimed to benefit from a lease.
• Acting (led by Harriet Holmes) in a mortgagee’s application for relief from forfeiture following the landlord’s peaceably re-entry.
• Advising on and acting in a contentious (but uncontested) business lease renewal pursuant to the Landlord and Tenant Act 1954.
• Advising a franchisor who had guaranteed franchisee obligations pursuant to leases.
• Acting in possession and rent arrears hearings.

Professional Liability

• Acting for defendant solicitors in obtaining summary judgment against the claimant.
• Acting (led by Jack Watson) for a claimant in an ongoing claim against an adviser’s firm.

Art and Cultural Property

• Alsaady v Al Hamadani and six others: acting for the claimant in a complex $30m USD partnership, breach of bailment and fraud claim in relation to various art, antiques and other chattels. John was led by Bobby Friedman in successfully obtaining a proprietary injunction, the appointment of a court receiver and a disclosure order.
• Advising the purchasers on means of recovery of an artwork stolen in transit. Inter alia, the matter involves complex issues of jurisdiction, lex situs and insurance.

Group Litigation

• As part of his consultancy at Harcus Parker, John has assisted on various group litigations, both pre-GLO and post-issue.