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SRI CARMICHAEL

Call: 2012   

+44 (0)207 306 0102scarmichael@wilberforce.co.uk

Commercial

Sri is instructed in a broad range of commercial matters from contractual disputes to breach of warranty claims and claims against directors and shareholders. Many of her cases have an international dimension and involve advising on urgent interim relief. Her cross-disciplinary expertise in company law and insolvency is frequently of assistance in difficult commercial cases.

Recent work includes:

  • Acting for a Seychelles company in proceedings in the English Courts seeking to recover control over Bitcoin and other digital assets worth in the region of £4 billion (led by John Wardell QC and Bobby Friedman). [2022] EWHC 2 (Ch); [2022] EWHC 141 (Ch); [2022] EWHC 667 (Ch)
  • Floreat Investment Management Limited v Churchill & Ors [2022] EWHC 357 (Comm): Acting for the manager of a Cayman Islands investment fund in a multi-million dollar three-week fraud trial in the Commercial Court against the fund’s former investment advisers. Advising on related insurance coverage issues, acting in related contractual disputes, and advising in respect of a threatened s.994 petition against a connected company that is in deadlock.
  • Acting for a creditor in the expert determination of an £80 million contractual dispute arising out of the much-publicised liquidation of public sector contractor Carillion.
  • Advising a group of shareholders from around the world in respect of unfair prejudice proceedings concerning global mining companies.
  • Acting for a US-based oil company in an LCIA arbitration of a joint venture dispute concerning oil and gas fields in Egypt and the validity of cash calls issued under the operating agreement.
  • MDS Accident Repair Centre Limited (in liquidation) v Dudey & Ors: Acting for the claimant in an eight-day trial of a breach of duty/knowing receipt claim in which it was alleged that the company’s de facto directors had diverted the company’s funds to their own corporate entities. Sri undertook multiple days of cross-examination on allegations of fraud and dishonesty which led to a favourable settlement for the claimant on the penultimate day of trial.
  • Acting in a high value sale of goods dispute concerning the operation of s.49 of the Sale of Goods Act 1979, the proper construction of a retention of title clause and the reasonableness of contractual terms under UCTA.
  • Acting for a well-known fashion designer in a contractual dispute with a high street department store.
  • Acting for a US-based shareholder of a technology company operating from the Ukraine in a multi-million pound dispute for breach of the shareholders’ agreement.
  • Advising a Premier League footballer seeking to extricate himself from a sponsorship contract.
  • Advising a high-street clothing retailer in a dispute with various foreign factoring companies acting for its Turkish manufacturer over unpaid invoices and failure to deliver stock. Raised complex issues of assignment and set-off.
  • Acting for a technology company in respect of a contractual dispute in which arguments of mistake and rectification were raised.
  • Energie v Star Gym & Ors: Acting for a gym chain in a dispute with a franchisee who set up his own rival business from the franchise premises. Involved application for interim injunctive relief.
  • Jackson v E-tyres: Defending a nationwide franchisor in a claim by a former franchisee for misrepresentation and repudiatory breach of the franchise agreement. Counterclaim for loss of profit.
  • Acting for a home improvement franchise in a claim against former franchisees for repudiatory breach of the franchise agreement in failing to commence trading and defending a counterclaim for breach of the franchise agreement and misrepresentation.