Samuel Cathro

Commercial disputes

Sam acts in a variety of commercial and civil fraud cases, including those involving urgent interim relief (such as freezing and proprietary injunctions). Many of the commercial cases he works on have an offshore element, and raise complex jurisdictional issues. Commercial litigation also formed a large part of the work he did in New Zealand prior to joining Chambers.

Recent experience includes:

• Acting for prospective claimants in a £300m fraud claim involving issues of proper forum and applicable law, as part of a team led by Thomas Grant KC.
• Acting for the defendants in a £130m fraud claim concerning funds said to have been misappropriated from entities related to a sanctioned Iranian petrochemicals plant, led by Thomas Grant KC and Bobby Friedman.
• In Bourlakova v Bourlakov, a high-value and complex fraud claim in the Chancery Division, acting for defendants who successfully opposed an application for a worldwide freezing order (led by Andrew Hunter KC and Jack Watson).  In [2024] EWHC 765 (Ch), the defendants successfully sought orders relating to misuse of their confidential and privileged information which had been obtained by private investigators employed by the claimants, including orders for delivery up and disclosure.
• Successfully acting for a defendant property developer opposing an application for a freezing injunction over his valuable London properties, led by John Wardell KC.
• In OmniMax v Cullen [2024] EWHC 2367 (Ch), successfully acting for the claimant metal products manufacturer against an individual who misappropriated sums from the claimant (and the companies, now in liquidation, of which the defendant was a director), led by Jack Watson.  The court granted the claimant’s application for freezing and proprietary injunctions, and subsequently awarded summary judgment on the claim.
• Acting for the claimant (and counterclaim defendant) in proceedings in the DIFC regarding global provision of visa services and involving questions of applicable foreign law, led by Bobby Friedman.
• Acting for an investor in a tech startup, seeking repayment of the fair value of his equity stake in the business following breach of contract by the company.
• Acting for sellers of a financial services business (sold for over US$20m), seeking payment of earn-out consideration in the context of a subordinated debt agreement.
• Acting for an individual on the English dimension of foreign proceedings which seek to recover stolen diamonds worth tens of millions of US dollars.
• Acting in a pair of cases in New York, each worth approximately $100m, assisting Graeme Halkerston in giving expert advice on issues of Cayman law, including on issues of fraud/breach of fiduciary duty.
• Acting for a private client who seeks repayment of debts totalling over £30m.
• Acting for claimant owners of a valuable classic Jaguar, bringing claims against the defendant engineers who worked on the car prior to it suffering catastrophic engine failure at Silverstone.
• Advising and drafting in relation to a number of commercial disputes in the Bahamas, including claims relating to breach of an alcohol distribution agreement, a partnership agreement, pre-incorporation contracts, and successfully bringing an application to set aside an injunction.
• Acting for a business bringing claims against its bank for breach of mandate, seeking repayment of sums misappropriated by thieves (led by Jonathan Chew).
• Acting for a lender seeking repayment of sums  advanced to an impostor, in proceedings against the impostor’s lawyers.

Download Commercial disputes CV

Property

Sam accepts instructions across the full range of property litigation, from large commercial property disputes to small rural and residential matters. Sam frequently advises on cases involving complex and technical issues, especially those that straddle the boundary between proprietary, equitable, commercial and insolvency principles.

Recent experience includes:

• Advising a landlord on remedies against sub-tenants in occupation of commercial proceedings following forfeiture of the lease by the tenant’s liquidators.
• Acting for a landlord, successfully obtaining permission to serve the tenant’s guarantor out of the jurisdiction with proceedings seeking rent arrears.
• Acting for a buyer of land intended to be used for a housing development in proceedings seeking to overturn an expert’s determination for manifest error, led by John McGhee KC.
• Bringing proceedings on behalf of a landlord to wind up the deceased tenant’s insolvent estate and claw back assets which passed to family members by survivorship, and advising on the proprietary implications.
• Advising a ferry operator on contractual and statutory rights of access to a port in the context of negotiations for leasing a dry dock.
• Advising and drafting proceedings in claims relating to chattels, including a claim for conversion in respect of a valuable Rolls Royce.
• Acting for the claimant homeowner in professional negligence proceedings against the defendant architect and builders for causing serious structural damage to a Hampstead property, led by Tiffany Scott KC.
• Acting in Ensign House v Ensign House (FEC) Limited, a development dispute about a property in Canary Wharf which culminated in a month-long trial in the Chancery division in November 2022 (assisting a team from Wilberforce Chambers led by Jonathan Seitler KC).
• Acting in Adjoin Ltd v Fortytwo House SarL [2022] EWHC 2710 (Ch), a rights to light dispute relating to a new development in the City, led by John McGhee KC and Harriet Holmes.
• Advising claimants who brought proceedings seeking a declaration that the road which they live on is a private road, and has never been dedicated as a public highway.
• Acting for a landlord accused of wrongfully forfeiting a commercial lease worth approximately £1.6m.
• Acting for the claimant leaseholder in proceedings involving nuisance and trespass claims relating to water ingress caused by the defendant freeholder’s works. The trial is set down for late 2025.
• Acting for an electricity distribution network operator, applying for strike out of proceedings relating to ownership of land beneath a highway, and arguing the subsequent appeal.
• Acting for a buyer of a large new residential development in London, opposing the seller’s applications to change the planning permission it had obtained. Sam was led by Joanne Wicks KC. The case concluded in an expert determination in which Sam and Joanne were successful.
• In a matter in the Business and Property Counts, seeking to protect the rights of a leaseholder whose investment in the subject property was being threatened by applications made by a liquidator, led by Zoë Barton KC.
• Advising on potential claims in adverse possession.
• Acting in various contractual leasehold and tenancy disputes concerning disrepair, responsibility for improvement works and issues of contractual interpretation.
• Possession proceedings (on behalf of both claimants and defendants), including advising on complex issues that arise in atypical leasing arrangements.
• Dilapidations claims.
• Advising and drafting applications in telecommunications proceedings.
• 1954 Act proceedings. Sam is led by John McGhee KC in a matter set down for trial in late 2025, concerning whether the parties have contracted out of the 1954 Act or the claimant is estopped from relying on its statutory rights. Sam has also acted for an applicant seeking to set aside proceedings by a Landlord on the basis they had been commenced in breach of the statutory requirements.

Download Property CV

Insolvency

Sam regularly appears in the Winders and the insolvency application list, as well as acting on large cases involving companies in liquidation. Several of the disputes listed in the preceding sections also involved insolvent companies,  individuals and estates.

Recent experience includes:

• Acting for claimants who seek repayment of sums misappropriated by directors of the defendant companies (now in liquidation) as part of a tax avoidance scheme, led by Lexa Hilliard KC.
• Acting for claimants seeking to wind up an insolvent estate.
• Acting for landlords following disclaimer of a lease by the tenant’s liquidator.
• Appearing in bankruptcy applications and winding up petitions on behalf of both creditors and debtors.
• Advising and appearing on behalf of both applicants and defendants in injunctions to restrain winding up petitions.
• Acting for a administrators, applying for an extension to the period of the administration.
• Bringing applications seeking extension of time to register a charge.
• Applying for permission to trade under a prohibited name.
• Advising in relation to an application to wind up an overseas company.

Download Insolvency CV