Samuel Cathro

Commercial disputes

Sam acts in a variety of commercial and civil fraud cases, with particular focus on those involving urgent interim relief (such as freezing and proprietary injunctions). Sam recently appeared in the Court of Appeal in what is likely to be the leading case on the significance of delay in freezing 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 the defendants in API v Mazzagatti, a £140m fraud claim in the Commercial Court concerning funds said to have been misappropriated from entities related to a sanctioned Iranian petrochemicals plant, led by Jonathan Nash KC. Sam successfully appeared unled in the defendants’ application before a High Court judge for security for costs ([2025] EWHC 3197 (Comm)) and has also appeared unled in several hearings in the Commercial Court concerning applications for letters of request. Most recently, Sam successfully opposed the claimant’s application for a freezing injunction ([2026] EWHC 2178 (Comm)) and appeared in the subsequent appeal to the Court of Appeal (judgment awaited), led by Jonathan Nash KC. The claim has also involved complex issues relating to contribution claims, sanctions, and permission to serve out.
• Acting for prospective claimants in a £300m fraud claim involving novel issues of proper forum and applicable law, as part of a team led by Thomas Grant KC.
• 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 KC).  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 Mayfair properties, led by John Wardell KC.
• Acting for prospective claimants in a multi hundred-million pound fraud claim (in the Commercial Court and a concurrent LCIA arbitration), led by Bobby Friedman 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 KC.
• Assisting Graeme Halkerston in giving expert advice on issues of Cayman law, including on issues of fraud/breach of fiduciary duty, in court proceedings and arbitrations in New York. One such case is Madison v Deutsche Bank, a claim against Deutsche Bank for aiding a fraudulent trading scheme orchestrated by Madison’s former principals, which allegedly led to hundreds of millions of dollars of losses.
• 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 the claimant lender in Pontis Finance v KMT, seeking repayment of sums advanced to an impostor secured against a property in Mayfair.

Download Commercial disputes CV

Property

Sam regularly advises and appears in matters across the full range of property litigation. He frequently acts in cases involving complex and technical issues, especially those that straddle the boundary between proprietary, equitable, commercial and insolvency principles.

Sam is familiar with all the usually-encountered issues in Property cases (and some rarer ones), including proprietary injunctions, claims in nuisance and negligence, vesting orders, adverse possession, easements and covenants, mortgages, telecommunications, and landlord and tenant disputes (including possession, forfeiture and 1954 Act proceedings, service charge disputes, and claims for disrepair).

Recent experience includes:

• Successfully obtaining an interim injunction in the Chancery Division, and successfully continuing the injunction at the return date, as sole counsel. The injunction restrains interference with the claimant’s car parking easement, which is alleged to have arisen by prescription.
• Acting for the claimant developer in Persimmon v Harding, a £40m breach of contract claim relating to a development site in Essex, led by Jonathan Seitler KC.
• Acting for a defendant solicitors’ firm in a professional negligence claim concerning fraudulent conveyancing, together with Alice Hawker.
• Acting (as sole counsel) for the successful applicant in an urgent pre-action application compelling a mortgagee to sign documentation releasing a charge.
• Acting for a landlord, successfully obtaining permission to serve the tenant’s guarantor out of the jurisdiction.
• 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 a utility provider on claims relating to a flooded canal. The claim involved the interaction between claims in tort and private Acts of Parliament from the 18th century.
• Advising the owner of a waterway on its potential tortious liability for flooding to a neighbouring property development.
• 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 (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.
• 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.

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 a contract principal in Part 8 proceedings relating to claims arising out of the insolvency of its contractor. The case involved difficult questions concerning the interplay between construction adjudication proceedings and the insolvency regime. Sam advised the defendant on a summary judgment/strike application, following which the claimant discontinued the claim. 
• Advising the liquidators of a company in relation to claims against the executor of her husband’s estate. The husband is alleged to have owed substantial sums to the company under an overdrawn DLA. The claim involves the intersection between insolvency, trusts and estates, and proprietary issues.
• 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 administrators in applications to extend 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

Chancery issues in family proceedings

Sam enjoys appearing in the Family Division and working alongside family barristers and solicitors. Recent experience includes: 

• Successfully appearing in TP v OP [2026] EWHC 1179 (Fam), a 5-day preliminary issue trial in the Family Division, led by Simon Webster KC. Sam’s client issued separate proceedings for declarations that he was owed substantial sums by his sister, who is divorcing. The claim seeking declarations was consolidated within the financial remedy proceedings. The claim included issues of undue influence and capacity.
• Acting for an intervener in divorce proceedings, opposing a claim by the husband that the property, owned by the wife’s parents, was the matrimonial home by virtue of a common intention constructive trust.

Many of Sam’s trust and commercial cases also have a family element (including Bourlakova v Bourlakov).

Download Chancery issues in family proceedings CV