Theo Dixon

Civil fraud and asset recovery

Theo undertakes the full range of civil fraud and asset recovery work. He has acted in claims involving secret commissions, deceit, breach of fiduciary duty, and conspiracy. Many of Theo’s cases involve allegations of dishonesty and he is experienced in the various forms of urgent interim relief which accompany such disputes, such as freezing orders, proprietary injunctions, receivership orders, and Norwich Pharmacal relief. Theo’s cases often have an international dimension.

Recent experience includes:

• Culina Group Ltd & Ors v Van Mourik & Ors: Acting (led by Thomas Grant KC and Tim Matthewson) for the First Defendant to a multimillion-pound claim brought against former directors of the Culina Group, alleging breaches of statutory duties under the Companies Act 2006, receipt of secret commissions, bribery, and diversion of business opportunities. 
• Voltaire Capital Holdings Limited v Eric Watson & Ors: Acted (led by Zoë Barton KC) for one of fourteen defendants in a claim for more than $100 million involving allegations of deceit, breach of fiduciary duty, and unlawful means conspiracy.
• Acting (led by Graeme Halkerston) for the Respondents to freezing injunctions in the value of $70 million. Ex parte relief has been granted in various jurisdictions including the BVI, England, and the Cayman Islands in support of underlying civil fraud proceedings in the USA, concerning breach of a margin lending agreement and the liquidation of collateral.
• Assisted (as a consultant for MK Solicitors (BVI)) on potential claims and injunctive relief arising out of a complex, high-value, and multi-jurisdictional “boiler room” scheme perpetrated against retail investors.
• Advised (as sole counsel) on potential claims arising from the payment of a £1.5 million distribution to a third party under an authorized push payment fraud. The distribution arises from a valuable investment in a London skyscraper project.
• Assisted in Nabil Abdul-Massih & Ors v Ryan Paul Jarvis & Ors BVIHC(COM) 2023/0243; a jurisdictional dispute in the BVI arising out of the liquidation of a valuable group of companies. Insolvency proceedings have been commenced in various jurisdictions.
• Acted for the liquidators of Global Steel Holdings in asset recovery claims worth US$200 million. Global Steel is the holding company of Pramod Mittal, who has been described as “Britain’s biggest bankrupt”. Proceedings have been commenced in England, BVI, Isle of Man and Nigeria. Led by Graeme Halkerston and Faith Julian.
• Drafted application documents for Norwich Pharmacal relief against the registered agent of BVI companies.
• Appeared as sole counsel, at an interlocutory stage, for the claimant in a complex US$30 million partnership, breach of bailment and fraud claim in relation to various art, antiques and other chattels.

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Trusts, probate and estates: contentious

Theo acts and advises in contentious trusts matters. He is experienced in both domestic and international matters, often where trusts issues intersect with fraud and asset recovery disputes. Theo also enjoys appearing in the Family Division and working alongside family practitioners in matrimonial proceedings involving trusts.

Recent experience includes:

• Acting (led by Jonathan Hilliard KC) in HNW divorce proceedings involving international trusts and companies.
• Acted (as sole counsel) in proceedings brought against the professional trustee of a high-value Guernsey trust. The dispute concerned the breach of a services agreement entered into by the trustee and settlor.
• Assisted as junior London counsel in offshore proceedings concerning a valuable estate and the validity of the deceased’s will.
• Assisted Andrew Mold KC, Michael Ashdown, and Elizabeth Houghton in Wong v Grand View PTC Ltd.; an appeal concerning the validity of five Bermudian trusts worth in excess of $14 billion.
• Acted (led by Roderick Cordara KC) for the claimant in a multi-million pound probate dispute involving allegations of breach trust and fiduciary duty. The claim concerned funds which had been misappropriated from the estate and connected secret profits.
• Advised on the validity of a discretionary trust. The trust had not been properly constituted, but the trust property had subsequently vested in the trustee as executor of the settlor’s estate.
• As a pupil, prepared advice for the trustees of a BVI trust on issues of limitation. The case concerned proprietary claims arising from the transfer of shares between companies within a complex offshore structure.

Download Trusts, probate and estates: contentious CV

Insolvency

Theo acts in a range of insolvency disputes, both as sole counsel and as part of a team. He regularly acts for officeholders, directors, creditors, and insolvent companies or individuals. Theo has experience in complex corporate insolvencies involving claims by officeholders to review transactions under the Insolvency Act 1986, as well as dealing with matters where urgent interim relief is required. He regularly appears in contentious matters before the Insolvency and Companies Court Judges in the High Court.

Recent experience includes:

• Re: Henry Construction Projects Limited: Acting (led by Graeme Halkerson and Ram Lakshman) in claims brought by administrators, alleging breaches of fiduciary duty (including the Sequana duty to creditors) and an entitlement to relief under ss238 and 423 of the Insolvency Act.
• Clugston Distribution Services Limited v Barrett Steel Limited: Acted (led by Julian Greenhill KC) for the claimant in proceedings concerning the forfeiture of a commercial lease following the claimant’s entry into a Company Voluntary Arrangement. The case settled on the first day of trial.
• Acted for the liquidators of Global Steel Holdings in asset recovery claims worth US$200 million. Global Steel is the holding company of Pramod Mittal, who has been described as “Britain’s biggest bankrupt”. Proceedings have been commenced in England, BVI, Isle of Man and Nigeria. Led by Graeme Halkerston and Faith Julian.
• Appeared, as sole counsel, in the High Court to successfully obtain an injunction to restrain presentation of a winding up petition.
• Advised (as a consultant for MK Solicitors (BVI)) on the nature of a creditor’s rights over cryptocurrency tokens held by an insolvent offshore cryptocurrency exchange. The dispute concerned the enforceability of the creditor’s security under a credit agreement, in circumstances where customer funds were held in unsegregated accounts.
• Advised company directors in relation to the appointment of receivers. Receivers were appointed following the breach of a financing agreement worth £15 million, secured against the companies’ properties.
• Appeared for the trustee in bankruptcy in applications brought under s.283A of the Insolvency Act in relation to a property portfolio valued in excess of £3.5 million.
• Acted on behalf of the defendant (led by James Bailey KC) in contempt proceedings arising out of the administration of a limited company. The defendant successfully struck out the contempt proceedings and three related Part 7 claims and obtained a civil restraint order against the claimant.
• Appeared on behalf of the debtor in the High Court, in proceedings concerning the grant of final charging orders over residential properties in London.

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