Privy Council

Michael Pearson in his Capacity as Additional Liquidator of Herald Fund SPC (In Official Liquidation) v Primeo Fund (In Official Liquidation) [2020] UKPC 3

Acted for the liquidator, Michael Pearson, in respect of his appeal against the Cayman Islands Court of Appeal decision on the interpretation and application of section 112(2) of the Companies Law of the Cayman Islands 2018 Revision.  The main issue in the appeal was whether a liquidator's power to rectify a company’s register of members is confined to an alteration which brings the register into line with the members’ underlying legal rights as at the commencement of the liquidation or is wide enough to enable the liquidator to amend the register of members in a way which alters the members’ legal rights, as at the commencement of the liquidation, so as to do what the liquidator considers to be substantial justice as between the members.  In this case, in the liquidator’s view, justice would not be achieved by a distribution of the surplus assets of the company in accordance with their legal rights, as stated in the register.

The Airport Authority v Western Air Ltd (Bahamas) JCPC 2018/0056

Acted for the for the Bahamian Airport Authority in an appeal arising out of the theft of an aircraft owned by Western Air.  The issue in appeal was whether the Bahamian Court of Appeal erred in affirming the trial Judge's finding that the Authority owed a duty of care to Western Air.

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Finance litigation

Natixis v Marex Financial and Access World

Acted for the successful claimant in a US$35 million Commercial Court claim arising out of a warehouse receipt fraud. 

Credit default swap claim

Acting in a high value dispute between two banks regarding the interpretation of three credit default swaps referencing public utility bonds.

Mis-selling claims

Acted for a bank in relation to a number of multi-million pound claims arising out of film finance schemes and in a Commercial Court claim alleging the mis-selling of a number of different structured products.

More: Finance litigation

Dispute resolution

Commodity fraud claim

Representing a defendant commodities trader in a High Court claim alleging fraud in relation to various titanium trades.

Madoff fraud

Advised a European bank in connection with its more than €500 million exposure to the Madoff fraud, including coordinating lawyers and proceedings in different jurisdictions and advising the bank on its world-wide litigation and recovery strategy.

Fund dispute

Advised an AIM listed fund in a US$78 million Commercial Court claim against its investment manager in connection with losses associated with various investments in China.

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Banks and banking

Natixis v Marex Financial and Access World

Acted for the successful claimant in a US$35 million Commercial Court claim arising out of a warehouse receipt fraud.

Credit default swap claim

Acting in a high value dispute between two banks regarding the interpretation of three credit default swaps referencing public utility bonds.

Mis-selling claims

Acted for a bank in relation to a number of multi-million pound claims arising out of film finance schemes and in a Commercial Court claim alleging the mis-selling of a number of different structured products.

More: Banks and banking