Jeffrey’s principal area of practice is in the field of ‘commercial divorce’ – business disputes between the owners of businesses (shareholder, partnership, joint venture) and disputes between a business and its directors, shareholders, joint venturers, franchisees and employees (restraint of trade, s.994, fiduciary duties). The gamut of directors/office holders and business owners’ rights and duties, in particular fiduciary duties are a common feature.

Areas of expertise

Jeffrey’s principal area of practice is in the field of ‘commercial divorce’ – business disputes between the owners of businesses (shareholder, partnership, joint venture) and disputes between a business and its directors, shareholders, joint venturers, franchisees and employees (restraint of trade, s.994, fiduciary duties). The gamut of directors/office holders and business owners’ rights and duties, in particular fiduciary duties are a common feature.

He is regularly instructed in claims relating to shareholders and directors, including in the insolvency and commercial fraud fields. Jeffrey has appeared in all forums in the UK (High Court/Appeal Courts) as well as in the DIFC first instance and Court of Appeal) in litigation relating to commercial contracts (Sale and Purchase Agreements, Shareholders Agreements, sale and carriage of goods, franchising), claims in fraud, disputes between businesses and their shareholders/directors or investors, co-joint venturers and other commercial and insolvency related disputes. Jeffrey has enormous experience in relation to interim relief applications of all descriptions (restraint of trade/freezing and search orders/Protection from Harassment) including in the insolvency field (misfeasance, wrongful/fraudulent trading, preference etc).

Commercial Contracts/ Company & Partnership

Jeffrey has advised many businesses or individuals on commercial contracts.  These include multiple instructions on the enforceability of restrictive covenants and confidentiality claims, and advising on the contracts required in relation to the set up of a business or an IPO or investment round.  Recent examples include acting direct access (at the request of a close friend) for David Lloyd, ex-Davis Cup tennis player and founder of David Lloyd Leisure and (at the request of an ex-colleague advising Susie Cave (ex face of Vivian Westwood, L’Oreal and others and wife of Nick Cave the well-known singer-songwriter

Partnership and joint venture disputes are also a regular feature of Jeffrey’s practice in particular when things go wrong.  Recent cases include acting for a group of partners from a large London PI law firm in a break-up, acting in 2 disputes between the siblings of farming estates post-death of last parent and for an accountancy partnership defending a claim by a former partner.  He has acted for and against professional firms relating to the proposed expulsion or other exit of a partner.

Civil Fraud

Recent and ongoing cases include a claim for a farming family to set aside a 2014 judgment on the grounds that it was obtained by fraud. This follows a trial in 2021 in Scotland in which the UK Claimant was found to have fabricated documents, lied repeatedly to the family about their indebtedness and appointed by reason of fraud LPA Receivers who sold a farm, machinery and cattle to a local farmer at a pittance of true value.  The claim seeks to resurrect claims made in the 2014 proceedings against the LPA Receiver for trespass and conversion.  I also have a large s.994 claim based on the creation of documents by FCA registered directors.

 

Jeffrey is regularly asked to advise or act in relation to international and offshore work.

He has appeared in the DIFC Courts instructed by Clyde &  Co Dubai and KBH Kaanum in both the first instance and DIFC Court of Appeal

Since the Ukraine war, Jeffrey has advised a series of offshore companies as to their potential exposure position as a result of having shareholders subject to sanctions.  These are usually tied up in complex trusts where the ultimate beneficial owner might be a child, former spouse or partner or other of the sanctioned individual but does not own a majority share in the relevant company(ies).  I have also advised a number of accountancy firms as to the pros and cons of taking over roles where incumbents are resigning, possibly due to the UK government’s request that Overseas Territories declare beneficial ownership by the end of 2023Jeffrey has substantial contacts who will instruct him or ask for a recommendation.

Since joining 36 Group, he has also been asked to advise Turkish clients though KPMG Istanbul to (a) set up a joint venture between a Turkish airline and US airline.  (b) advise on the GDPR implications for a potential Turkish start up looking to lure UK customers to Turkey for dental and cosmetic treatments and needing advice on GDPR and acting for a Taiwanese individual in relation to the fraudulent dilution of his shares in an FCA regulated company.

Other cases with an international dimension include (a) s.994 claims with a civil fraud aspect (b) advising on the set up of companies applying for gambling licences in Africa and Taiwan.

Jeffrey has acted in  number of arbitrations.  Since at 36 Group this includes an appeal against an arbitrator’s decision in a party wall case, successfully acting direct access for a former partner of a Big 4 accountancy firm in relation to the terms of his exits and is presently instructed to defend an application to the High Court to stay those proceedings for arbitration.

 

Acting for defendant in claim by NCA re frozen funds alleged to be involved in international VAT and tax fraud money laundering scheme

Advising on cross over between civil and criminal cases in the commercial fraud sphere

Further information

Appointments & Memberships

Professional Negligence Bar Association
Commercial Bar Association
Employment Lawyers Association