Gregory Mitchell QC

Call 1979; QC 1997; BA (Hons); PhD (London)
Email: gmitchell@3vb.com

Gregory Mitchell specialises in commercial litigation, arbitration and advisory work. He has been instructed in substantial domestic and international disputes by a wide range of clients including banks, insurance companies, property companies, insolvency practitioners, foreign lawyers, private individuals, foreign states and Her Majesty's Revenue and Customs. He has acted in numerous cases from commencement to trial, on appeal, and has been involved as Counsel in many mediations and arbitrations. Gregory Mitchell's core areas are commercial litigation, corporate insolvency, football club disputes, banking, structured finance and derivatives, asset tracing, solicitor's negligence in commercial transactions, civil fraud, asset and share sale agreements, breach of confidence, disputes between shareholders, enforcement of judgments and State Immunity. He also advises on the drafting and structure of transactions in particular financial instruments, asset and share sale agreements and has given expert evidence on English law. Gregory Mitchell enjoys dealing with cases which have a substantial technological aspect. He is willing in appropriate cases to act on a CFA basis. 

Gregory Mitchell is recommended as a Leading Silk in insolvency in the Legal 500.

Appointments

• Recorder 2000
• Bencher of Gray's Inn 2005

Awards and Scholarships

• 1974 Exhibition King's College London
• 1978 Prize for highest marks at City University Diploma in Law

From Gray's Inn

• 1978 Lord Justice Holker Senior Entrance Award
• 1978 Lord Uthwatt Scholarship
• 1979 Lord Atkin Scholarship

Recent Publications

• March 2012 Article for Journal of International Banking and Financial Law on "Piercing the corporate veil to impose contractual liability on a director."
• February 2012 Article for Journal of International Banking and Financial Law on "Market Turmoil and Investment Loss"
• October 2010 Article for Journal of International Banking and Financial Law on "The effect of foreign illegality on English law contracts"
• September 2010 Article for Journal of International Banking and Financial Law on "English law contracts, foreign counterparties and ultra vires"
• March 2010 Article for the Journal of International Banking and Financial Law on "State Immunity and Enforcement of Judgments"
• February 2009 Article for Journal of International Banking and Financial Law on "Proprietary Claims and Lehman Brothers"
• 22/12/08 Article for the Tax Journal on "Asset and Share Purchase Litigation"
• 6/11/08 Article for Legal Week on the "effect of the credit crunch"
• 31/10/08 Article for the New Law Journal "Credit Crunch Insolvency - security for costs against insolvent companies" - examining the practice on ordering security for costs and the impact of CFA agreements and ATE insurance
• 30/5/08 Article for the New Law Journal "Conspiracy: a wide ranging tort" - analysing the decision of the House of Lords in Total Network v HM Revenue and Customs [2008] UKHL 19
• 6/7/07 Article for the New Law Journal: "Should the tort of conversion apply to intangible property?" - analysing the decision of the House of Lords in OBG v Allan & Others
• 29/6/07 Article for the New Law Journal "OBG ensures economic tort will stay within its proper boundaries"- analysing the decision of the House of Lords in OBG v Allan & Others on the analysis of and distinction between the torts of inducing breach of contract and causing loss by unlawful means
• 23/6/06 Article for the New Law Journal "Insolvency issues - heard here first" - analysing the European Court of Justice's decision in Eurofoods on jurisdiction under the Insolvency Regulation 1346/2000 (written with Richard Brent)
• 25/11/05 Article for the New Law Journal on "Establishing jurisdiction in insolvency cases" under Insolvency Regulation 1346/2000 (written with Richard Brent) on forum shopping and the change of COMI
• 09/09/05 Article for the New Law Journal "Fixed and Floating charges after Spectrum" - on the implications for banks and borrowers of the decision of the House of Lords in National Westminster Bank v Spectrum Plus Ltd [2005] " AC 680 on fixed and floating charges (written with Angharad Start)
• 31/10/01 Article for Journal of International Banking and Financial Law on undue influence after the House of Lords decision in Royal Bank of Scotland v Etridge & Ors [2001] UKHL 44
• July 01 Article for the Lawyer on developments in banking litigation

Seminars

• Economic Tort after OBG v Allan
• Misuse of Confidential Information
• Petitions under s. 459 Companies Act 1985
• Transactions at an Undervalue under s. 238 Insolvency Act 1986
• Fraudulent Trading and Wrongful Trading
• Recovery of Money Paid Under Mistake of Fact
• Undue Influence
• Fixed and Floating Charges
• Liability of Banks for Advice
• Remedies for Breach of Warranty and Misrepresentation
• Freezing Orders
• Banker's References
• Lehman Brothers International Europe: from a Creditor's Perspective

Languages

Fluent German.