George McPherson

George McPherson

Call: 2003

"A very skilful advocate whose advice is comprehensive and conclusive."

- Chambers & Partners UK Bar (2023)

"George gives excellent advice on knotty contractual issues, including matters involving repudiatory breach, oral contracts and unclear contractual terms."

- Legal 500 UK Bar (2023)

"He applies a very detailed forensic analysis to every matter that he considers."

- Chambers & Partners UK Bar (2023)

"He is very good at getting to the heart of the issue and setting this out both in pleadings and in advices to clients in appropriate and tailored language."

- Legal 500 UK Bar (2023)

"George has an excellent analytical brain, an unusual ability to think laterally and a capacity to make clear and persuasive submissions on complex matters."

- Legal 500 UK Bar (2022)

Practice Overview

George is a highly regarded senior junior specialising in commercial litigation.

George is consistently recommended in the directories for his all-round abilities as an ‘excellent’, ‘outstanding’, ‘technically very strong’ and ‘strategically strong’ commercial litigator, who stands out for his ‘excellent analytical brain’, ‘unusual ability to think laterally, ‘capacity to make clear and persuasive submissions on complex matters’ and ‘exceptional’ written work. (Legal 500, 2014 – 2022).

George specialises in breach of contract disputes and actions involving banking and financial services, commercial fraud and company law (including applications for interim relief and freezing injunctions). He is comfortable acting as one of a larger counsel team or as sole advocate, representing clients in the High Court and Court of Appeal.

George has been instructed as a senior junior in some of the largest and most complex commercial cases including the massive SKAT litigation, where he acted for ED&F Man (one of the principal non-fraud defendants). George has been called to the BVI Bar and accepts offshore instructions.

George is a modern languages graduate who speaks Spanish to a high standard.

George’s experience covers a wide range of different aspects of investment and retail banking and financial services.

Financial markets and hedge funds

  • Astra Asset Management UK Ltd v Odin Automotive S.A.R.L (2022): claim for recovery of liquidated damages under mandate letter for arrangement of £20m loan facility. Issues relating to contractual interpretation, penalties doctrine and estoppel. Summary judgment hearing listed in 2023. Instructed by DLA Piper.
  • SKAT v Solo Capital Partners (2018-2022): £1.5 billion claim against over 100 defendants raising issues relating to the legal validity of complex dividend arbitrage trading in respect of the acquisition and funding of shares in Danish companies. George acted for FCA regulated entity (ED&F Man Capital Markets Limited) providing custodian and brokerage services to United States pension plans. ED&F Man was the only defendant successfully to establish that SKAT’s claim against it was inadmissible by reason of Dicey Rule 3 (“the revenue rule”): [2021] EWHC 974 (Comm) (Andrew Baker J) and [2022] EWCA Civ 234. George represented ED&F Man at numerous hearings including July 2020 (CMC) ([2020] EWHC 2022 (Comm)) and May 2021 indemnity costs hearing ([2021] EWHC 1222 (Comm)). Instructed by Rosenblatt with Ali Malek KC and Matthew Hardwick KC.
  • Guernsey fund v English LLP (2020): breach of contract/restitution claim in relation to remuneration agreement for special purpose Guernsey investment fund used to acquire businesses providing risk management and certification services to food, marine and forestry industries. Instructed by Weil Gotshal & Manges.
  • PGI v Dillard (2015-2017): US$60m breach of warranty/deceit claim arising out of historical investments made by investment management and research group (the Liongate Group) specialising in managing portfolios of hedge funds. Specific issue relating to Liongate Group’s investment in largest of several “feeder funds” used by Bernard Madoff to perpetrate Ponzi scheme fraud. Instructed by Mayer Brown with Andrew Fletcher KC.
  • Sun Capital v Hammonds (2013 – 2015). £8m professional negligence claim against solicitors in relation to EU law liabilities of private equity investment fund. 2 week Commercial Court trial in March 2015 before Phillips J settled after evidence. Instructed by Herbert Smith Freehills with Cyril Kinsky KC.
  • Abraaj Investment Management Ltd v Bregawn Jersey Ltd; Abraaj Investment Management Ltd v Neville Tuli (2009-2010): [2010] EWHC 630 (Comm) (Teare J). US$23.7m Commercial Court claim for breach of contract and breach of fiduciary duty to recover monies loaned to SPV for purposes of launching art investment fund. Instructed by Allen & Overy.

Mis-selling claims

  • Acting for HNWIs and SMEs in (1) litigation (2) FCA review and (3) Financial Ombudsman complaints in relation to alleged mis-sale of interest rate hedging products (issues relating to credit limit utilisation, GRG and LIBOR manipulation).
  • Garrick Surface Coatings Ltd v Nat West (2021/22). Issues relating to bank’s conduct of GRG including implication of terms pursuant to section 13 of the Supply of Goods and Services Act 1982. Instructed by Balfour & Manson.
  • Bywaters (Leyton) Ltd v Nat West (2020/21). Issues relating to (1) alleged failure to disclose CLU/break costs (2) misrepresentation and (3) bank’s liability (post-PAG) in relation to GRG. Instructed by Seddons.
  • Panagopoulos v Lloyds TSB (2013/14). Commercial Court claim by London property developer arising out of £23m break cost liability (1) alleging (a) advisory relationship and (b) negligent misstatement in relation to multi-callable swap and (2) seeking consequential losses in relation to missed property developments. Instructed by Bircham Dyson Bell.
  • Tuvana v Barclays (2013-2015). £50m claim in Chancery Division arising out of alleged fraudulent manipulation of LIBOR. Described in The Times as “one of the largest lawsuits over mis-selling of hedging products to come to court” (4 April 2015). Instructed by AAG Legal with John Jarvis KC.
  • Freehold Estates Ltd v RBS (2012 – 2016). Multi-million pound claim in Commercial Court relating to mis-sale of six interest rate swaps in 2007 alleging (1) negligent misstatement and (2) misrepresentation. Settled two months before 8 day trial fixed for November 2015. Instructed in successful £1m claim for basic redress in FCA review in relation to (other) time-barred swaps. Instructed by Day Sparkes.
  • Valedown Ltd v Bank of Scotland (2013 – 2015). Multi-million pound Commercial Court claim relating to mis-sale of interest rate swap in May 2008. Settled after mediation, following first CMC. Instructed by Day Sparkes.

Guarantees

  • WD v Bank (2019/20). Issues relating to (1) proper construction of “unconditional” guarantee (2) bank’s power to apply charge backs under Merchant Services Facility and (3) enforceability of letters of demand. Instructed by Gunnercooke.
  • HSBC Bank Middle East Ltd v Sharbain (2018/19). Defending claim seeking enforcement of two Jordanian judgments against guarantor of the debts of Jordanian companies. Summary judgment application: [2019] EWHC 860 (Comm) (Waksman J). Issues relating to (1) fraud exception to conclusiveness of foreign judgments and (2) true construction of power of attorney. Instructed by Bishop Sewell for the defendant with John Jarvis KC.
  • Marquette v UBS (2014/15). Commercial Court claim under guarantee for accelerated receipt of future interest under loan agreement. Issue relating to whether accelerate receipt interest provision was penal under Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67. Instructed by Seddons.
  • Abraaj Investment Management Ltd v Tuli(2009/10). US$23.7m Commercial Court claim under personal guarantee in relation to financing arrangements for purchase of art work. Successful summary judgment application in March 2010: [2010] EWHC 630 (Comm) (Teare J). Instructed by Allen & Overy.

Possession claims

  • United Trust Bank v Miller (2019). Complex possession proceedings involving issues of (1) mental capacity (litigation friend) and (2) true construction of Settlement Deed. Instructed by RPC.
  • Southern Pacific Mortgages Ltd v Iqbal(2011). 2 day possession trial before HHJ Langan QC. Application of Paragon Finance v Pender to securitisation defence. Instructed by Lightfoots.
  • Barclays Bank v Auerbach (2009/10). Multi-million pound possession claim and strike out application against Mauritian company and husband and wife. Instructed by DLA Piper.
  • Redstone Mortgages plc v Ashford (2009). Possession action against defendant occupiers of property involving questions of estoppel and subrogation. Instructed by DWF.

General banking litigation – letters of credit; money laundering; mistaken payments; conversion of cheques; banking charges

  • Taher v Ikon Finance (2019): issues relating to (1) the proper construction of and (2) default under promissory notes arising out of a settlement agreement. Instructed by Clyde & Co.
  • IKON International (HK) Holdings Public Company Ltd v IKON Clearing Corporation Ltd (2015): issues relating to the enforceability of a letter of demand issued pursuant to a standby letter of credit subject to the International Standby Practices ISP 98, ICC Publications No. 590. Instructed by Edwin Coe with John Jarvis KC.
  • XYZ Group v Bank (2015). Advice relating to (1) legality of bank’s unilateral decision to freeze 14 bank accounts under POCA 2002 sections 327 to 329 on grounds of suspected money laundering and offence of “tipping off” (2) application of Shah v HSBC[2013] 1 All ER (Comm) 72 (2015) (3) application of charges to frozen accounts. Instructed by Rix & Kay.
  • UK Company v Bank (2015). Issues relating to company’s right to bring claims to recover payments made by mistake to third party on grounds of (1) restitution (unjust enrichment) and/or negligence (2) defence of ministerial receipt (3) defence change of position and (4) Payment Services Regulation 2009. Instructed by Freeths.
  • Customer v Bank (2015). Claim against bank in conversion for cashing of cheques with value over £1m after customer defrauded by third party. Issue relating to (1) whether customer remains true owner of cheques and (2) scope of bank’s defence under section 2 of Cheques Act 1957. Instructed by Sylvester, Amiel Lewin & Horne.
  • Commerzbank v ProCredit Bank (2010): issues relating to meaning and effect of standby letter of credit issued by Kosovan Bank to Austrian company under UCP 600. Instructed by GW Legal.
  • Various Claimants v Various Banks (2007). Acting for high street banks in claims proceeding in the London Mercantile Court and County Courts in bank charges litigation. Issues relating to granting stay of claims pending outcome of High Court proceedings.

George is regularly instructed in large-scale fraud litigation.

Fraudulent misrepresentation/deceit

  • SKAT v Solo Capital Partners (2018-2022): £1.5 billion claim alleging fraudulent misrepresentations made to the Danish customs authority to recover withholding tax paid on dividends in relation to shares in Danish companies. George acted for FCA regulated entity (ED&F Man Capital Markets Limited) providing custodian and brokerage services to United States pension plans. ED&F Man was the only defendant successfully to establish that SKAT’s claim against it was inadmissible by reason of Dicey Rule 3 (“the revenue rule”): [2021] EWHC 974 (Comm) (Andrew Baker J) and [2022] EWCA Civ 234. George represented ED&F Man at numerous hearings including July 2020 (CMC) ([2020] EWHC 2022 (Comm)) and May 2021 indemnity costs hearing ([2021] EWHC 1222 (Comm)). Instructed by Rosenblatt with Ali Malek KC and Matthew Hardwick KC.
  • TMO v Yeo (2016-2022). £38m claim alleging fraudulent misrepresentations by directors in relation to fundraising secured by directors in order to manipulate voting at key EGM in October 2013. 4 week trial before Joanna Smith J in March 2021: [2021] EWHC 2033 (Ch) and [2021] EWHC 2773 (Ch) (Costs). Pre-trial dispute about privileged status of expert valuation report: [2020] EWHC 789 (Ch). Instructed by Hewlett Swanson with Andrew Sutcliffe KC.
  • Various Claimants v Lloyds (2018-2020). Advising on numerous claims for deceit arising out of HBOS Reading bank fraud between 2003 and 2007. Issues relating to (1) vicarious liability (2) reflective loss (3) limitation (4) shadow directorship and (5) consequential loss. Separately instructed by Humphries Kerstetter and Day Sparkes on different cases.
  • Nazar v Belco Trading Ltd (2019/20). Claim of circa US$10m against eight defendants arising out of allegedly fraudulent misrepresentations relating to a joint venture agreement between two Ukrainian citizens. George acted for six corporate defendants which successfully set aside order extending time for service of claim form and particulars of claim: [2020] EWHC 282 (Comm) (Foxton J). Instructed jointly by Fieldfisher and Gresham Legal.
  • Companies A & B v Various Individuals (2019). Advising on claims in (1) deceit and (2) unlawful means conspiracy arising out of allegedly dishonest Ponzi investment scheme in mobile homes units. Instructed by Graham White & Company.
  • PGI v Dillard (2015-2017). US$60m claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent misrepresentations in relation to group’s historical investments. Instructed by Mayer Brown with Andrew Fletcher KC.
  • Tuvana v Barclays (2013–2015). £50m mis-selling claim against retail bank’s investment arm alleging fraudulent manipulation of LIBOR in relation to sale of interest rate swap. Instructed by AAG Legal with John Jarvis KC.
  • The Hut Group Ltd v Nobahar-Cookson (2012–2014). £10m counterclaim by seller of online sports retail business alleging fraudulent misrepresentations in relation to purchaser company’s accounts. 4 week Commercial Court trial in October 2014: [2014] EWHC 3843 (Comm) (Blair J). Instructed by DWF with John Odgers QC.
  • IXIS v Corporate & Investment Bank v WestLB AG & others (2006/07). Substantial Commercial Court claim arising out of the collapse of the Box Clever Group. Claims in deceit relating to the securitisation of receivables. Instructed by Lovells with Mark Hapgood KC and Sonia Tolaney.

Breach of fiduciary duty; dishonest assistance; conspiracy

  • Berkeley Square Holdings v Lancer (2018 – 2021). £30m breach of fiduciary duty, dishonest assistance and conspiracy claims arising out of alleged dishonest                     over-charging by defendant property asset management group in relation to £5 billion property portfolio beneficially owned by President of the UAE. George acted for claimant property management company. Pre-trial dispute relating to scope of without prejudice privilege: [2020] EWHC 1015 (Ch) (Roth J) and [2021] EWCA Civ 551. Instructed by Eversheds with David Quest KC.
  • TMO v Yeo (2016-2022). £38m claim alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares in order to defeat EGM resolutions. Issues relating to scope of recovery for equitable compensation under AIB v Redler. 4 week trial before Joanna Smith J in March 2021: [2021] EWHC 2033 (Ch) and [2021] EWHC 2773 (Ch) (Costs). Pre-trial dispute about privileged status of expert valuation report: [2020] EWHC 789 (Ch). Instructed by Hewlett Swanson with Andrew Sutcliffe KC.
  • Re Hut Group Ltd (2018-2022). Section 994 unfair prejudice petition alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares for purposes of diluting/disadvantaging interests of substantial minority shareholder. Strike out application in relation to allegations of fraud/bad faith on grounds improperly pleaded: [2020] BCC 433 George acts for minority shareholder. Instructed by DWF with Paul Chaisty KC.
  • Various Claimants v Lloyds (2018-2020). Advising on numerous claims for dishonest breach of fiduciary duty/conspiracy arising out of HBOS Reading bank fraud between 2003 and 2007. Issues relating to (1) vicarious liability (2) reflective loss (3) limitation (4) shadow directorship and (5) consequential loss. Separately instructed by Humphries Kerstetter and Day Sparkes on different cases.
  • Altecnic v Benettolo (2016-2018). Breach of fiduciary duty claim against company director and accessory liability for dishonest assistance in relation to exclusive supplier arrangement relating to Italian plumbing business. Instructed by Weil Gotshal & Manges.
  • Frisco (UK) Sales Ltd v Wallis (2011/12). Breach of fiduciary duty claim against managing director for alleged dishonest misappropriation of architectural hardware goods owned and distributed by company. Proceedings in Queen’s Bench Division. Instructed by Seddons.
  • Caring Together Limited (In Liquidation) v Bauso (2007/08). Breach of fiduciary duty and conspiracy claim by joint liquidators of company against former directors, who allegedly misappropriated company funds from “payroll giving” fundraising model. Instructed by HWF with Stephen Phillips KC.

Fraudulent breach of warranty

  • SRCL v Various Defendants (2016/17). £2m Commercial Court breach of warranty claim alleging dishonesty/bad faith in implementation of price increases for supply for healthcare patient support services. Instructed by DLA Piper.
  • PGI v Dillard (2015-2017). US$60m claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent breach of warranty in relation to group’s historical investments. Instructed by Mayer Brown with Andrew Fletcher KC.
  • The Hut Group Ltd v Nobahar-Cookson (2012 – 2014). £10m counterclaim by seller of online sports retail business alleging fraudulent breach of warranty in relation to purchaser company’s accounts. 4 week Commercial Court trial in October 2014 before Blair J: [2014] EWHC 3843 (Comm). Instructed by DWF with John Odgers QC.

Freezing Orders and related Relief

  • Joint Liquidators of Hong Kong company v Individual (2019). Advising on application to obtain freezing order in English courts against former CEO of Hong Kong company resident in England in support of claim made in Hong Kong under settlement agreement governed by Hong Kong law. Instructed by Simmons & Simmons.
  • Principal Global Investors LLC v Liongate Multi-Strategy Fund Enhanced (2X) (2016/17). Application to freeze assets of investment fund in Cayman Islands in support of claim in English Commercial Court proceedings. Instructed by Mayer Brown with Andrew Fletcher KC.
  • CIMC Raffles Offshore (Singapore) Ltd v Schahin Holding SA (2013/14). Post-judgment (1) application for disclosure of assets pursuant to section 37 of the Senior Courts Act 1981 and (2) advice on application for appointment of receivers as means of enforcing judgment of US$67m (2013-2014). Instructed by Curtis Davis Garrard with Andrew Fletcher KC.
  • Dina Foods v Baden (2009). Application for disclosure of assets against individual in connection with freezing injunction proceedings. Instructed by iLaw.
  • Company v Various Individuals (2004). Applications for freezing and search orders in large corporate fraud claim. Instructed by Starr & Partners with Andrew Fletcher KC.

Other fraud claims

  • SDLL v Harper (2015/16). 3 day trial of building dispute in Central London County Court seeking recovery of sums in (1) debt (2) breach of contract and (3) quantum meruit in respect of failure to complete/unsatisfactory quality of extension project. Trial examined allegations of dishonest concealment of contractual counterparty’s liquidation by claimant director. George acted for the successful defendant. Instructed by Sylvester, Amiel Lewin & Horne.
  • Schmitt v Fenne-Frederiksen (2011 – 2012). Jurisdiction challenge in relation to claims made by German administrator of Phoenix Kapitaldienst pursuant to section 423 of Insolvency Act 1986 arising out of dishonest Ponzi investment scheme. Instructed by Gibson & Co.
  • KZ v Russian Individual (2010). Advising in relation to proceedings brought by minority shareholders in BVI and Cyprus for fraudulent conspiracy against company director and other off-shore entities to recover damages for loss of value in shareholding. Instructed by DLA Piper.
  • Lexi Holdings v Aitchison Rafferty (2010). Defending claim for allegedly negligent valuation in reliance on ex turpi causadoctrine based on the fraud of a “one man company” in making loans pursuant to a dishonest scheme as set out in Moore Stephens v Stone & Rolls Limited [2009] UKHL 39. Instructed by CMS Cameron McKenna with Peter Ratcliffe.
  • Hosking v Andreou (2008/09). Claim alleging fraudulent misappropriation of property by bankrupt. Instructed by HFW with Jonathan Nash KC.

Heavy commercial cases

  • SKAT v Solo Capital Partners (2018-2022): £1.5 claim against over 100 defendants alleging negligent/fraudulent misrepresentations made to the Danish customs authority to recover withholding tax paid on dividends in relation to Danish shares. George acted for FCA regulated entity (ED&F Man Capital Markets Limited) providing custodian and brokerage services to United States pension plans. ED&F Man was the only defendant successfully to establish that SKAT’s claim against it was inadmissible by reason of Dicey Rule 3 (“the revenue rule”): [2021] EWHC 974 (Comm) (Andrew Baker J) and [2022] EWCA Civ 234. George represented ED&F Man at numerous hearings including July 2020 (CMC) ([2020] EWHC 2022 (Comm)) and May 2021 indemnity costs hearing ([2021] EWHC 1222 (Comm)). Instructed by Rosenblatt with Ali Malek KC and Matthew Hardwick KC.
  • Berkeley Square Holdings v Lancer Property Asset Management Ltd (2018-2021): £30m breach of fiduciary duty, dishonest assistance and conspiracy claims arising out of alleged dishonest over-charging by defendant property asset management group in relation to £5 billion property portfolio beneficially owned by President of the UAE. George acted for claimant property management company. Pre-trial dispute relating to scope of without prejudice privilege: [2020] EWHC 1015 (Ch) (Roth J) and [2021] EWCA Civ 551. Instructed by Eversheds with David Quest KC.
  • Altecnic v Benettolo (2016-2018). Commercial Court claim for damages and equitable relief arising out of (1) alleged breach of exclusive distributorship agreement and (2) misappropriation of corporate opportunities by director in plumbing industry. Instructed by Weil Gotshal & Manges.
  • Zedra Trust Company (Jersey) Limited v The Hut Group Ltd (2018/19). Part 8 claim successfully seeking production of expert report pursuant to (1) implied term of SPA and/or (2) in accordance with agency principles: [2019] EWHC 2191 (Comm) (HHJ Eyre KC). Instructed by DWF with Andrew Onslow KC.
  • Khouj v Acropolis Capital Partners Ltd (2016). Claim seeking declaratory relief in relation to defendants’ management of c £30m of deceased Saudi citizen’s assets at time of his death. Issues relating to (1) principles of agency and (2) circumstances in which fiduciary duty found to arise. 5 day Commercial Court trial in May 2016 before Knowles J: [2016] EWHC 2120 (Comm). Instructed by HMA Law with Andrew Sutcliffe KC.
  • PGI v Dillard (2015-2017). US$60m Commercial Court claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent misrepresentations and fraudulent breach of warranty in relation to group’s historical investments. Settled before 8 week trial. Instructed by Mayer Brown with Andrew Fletcher KC.
  • The Hut Group Ltd v Nobahar-Cookson (2012-2016). 4 week Commercial Court trial in October 2014 relating to circa £10 million breach of warranty claim and counterclaim: [2014] EWHC 3842 (QB) (Blair J). Appeal in relation to interpretation of SPA clause requiring notification of warranty claims within specified time limit: [2016] EWCA Civ 128 (Briggs LJ). Instructed by DWF with John Odgers QC.
  • Mileform Ltd v Interserve Security Ltd (2012-2015). Claim for damages for breach of oral contract in relation to supply of logistical services. 4 day trial in March 2013: [2013] EWHC 3386 (QB) (Gloster J). Issues relating to (1) status of entire agreement clauses and (2) implication of terms. Instructed by Mishcon de Reya.
  • Mann Aviation Group (Engineering) Ltd (in administration) v Longmint Aviation Ltd (2011). Successful claim to establish implied periodic tenancy in respect of occupation of commercial airport premises following 6 day speedy trial: [2011] EWHC 2238 (Ch) (Sales J). Instructed by Berg Legal with Andrew Sutcliffe KC.
  • Astrazeneca UK Ltd v Albemarle International Corporation (2011). 2 week Commercial Court trial before Flaux J in March 2011 relating to breach of contract claim involving construction of “first refusal” clause in pharmaceuticals contract: [2011] EWHC 1574 (Comm). Instructed by Reed Smith with John Odgers QC.
  • GB Gas Holdings Ltd v Accenture (UK) Ltd(2009). Preliminary issue relating to fitness of British Gas customer billing system. Instructed by Linklaters with Jeffrey Onions KC and Sonia Tolaney.
  • ALS v Honeywell (2007) £388m Commercial Court claim for alleged breach of contract and misrepresentation in relation to development of automotive gear technology. Involved in pre-trial hearings and preparation of witness statements. Instructed by Wilmer Hale with Ewan McQuater KC and David Head.
  • IXIS v Corporate & Investment Bank (2006/07). Commercial Court claim arising out of the collapse of the Box Clever Group. Claims in deceit relating to the securitisation of receivables. Instructed by Lovells with Mark Hapgood KC and Sonia Tolaney.

Breach of warranty

Considerable experience of acting in breach of warranty claims covering (1) notification issues (2) quantification of damages and (3) release of escrow payments:

  • Two Individuals v Various Defendants (2022). Drafting Particulars of Claim in relation to £150m+ sale of online sports and entertainment business. Claims for breach of contract, tortious duty of care and breach of fiduciary duty arising out of conditions of release for purchase consideration held in escrow. Separately advising on possible claims against escrow agent. Instructed by Osborne Clarke.
  • Holding Company v Sellers (2020). Drafting opinion in support of release of Escrow Payment under terms of 2019 SPA based on existence and quantum of claims. Instructed by Slatefords.
  • Property Trust v Individual (2019/20). Drafting opinion in support of release of Deferred Consideration under terms of 2017 SPA based on existence and quantum of claims. Instructed by Wallace LLP.
  • Chicago Bidco Ltd v Surestone Insurance Holdings Ltd (2019/20). Claim based on alleged breach of warranty relating to accuracy of “accounting records”. Instructed by Weil Gotshal & Manges with Andrew Fletcher KC.
  • TEOCO UK Ltd v Aircom Jersey 4 Ltd (2016-2018). Claim relating to alleged breach of tax warranties. Summary judgment and strike out application on grounds of failure to notify claim in accordance with provisions of SPA: [2016] 4 WLUK 527 (Richard Millett KC) & [2018] EWCA Civ 23 (Court of Appeal). Instructed by McGuireWoods with John Jarvis KC.
  • SRCL v Various Defendants (2016/17). £2m Commercial Court claim relating to breaches of warranties arising out of claimant’s acquisition of healthcare transport business. Instructed by DLA Piper.
  • PGI v Dillard (2015-2017). US$60m Commercial Court claim alleging fraudulent breach of warranty in relation to group’s historical investments. Instructed by Mayer Brown with Andrew Fletcher KC.
  • Ryan (JGHL) Bidco Ltd v 19 Individuals (2014-2016). £3m Commercial Court claim alleging breach of “true and fair” warranty in relation to accounts of insurance business caused by (1) insufficient run-off provision (2) incorrect treatment of commission and (3) no provision for expenses. Instructed by CMS Cameron McKenna.
  • The Hut Group Ltd v Nobahar-Cookson (2012-2016). Circa £10m claim/counterclaim alleging breaches of warranty. Adequacy of claim notification under SPA considered by Court of Appeal: [2016] EWCA Civ 128. Instructed by DWF with John Odgers KC.
  • GB Gas Holdings Ltd v Accenture (UK) Ltd(2009). Preliminary issue relating to fitness of British Gas customer billing system. Instructed by Linklaters with Jeffrey Onions KC and Sonia Tolaney.

Sale and supply of goods and services

Wide experience of contractual disputes relating to sale/supply of goods and services (including construction disputes).

  • Jones v McCarthy (2021-22). c. £1m claim for breach of contract and equitable compensation/relief relating to asset swap agreement in respect of Mallorca villa and pleasure craft. Trial before HHJ Jarman KC in July 2022: [2022] EWHC 2186 (Ch). Issues relating to (1) applicable law (2) illegality and (3) measure of damages. Instructed by Blake Morgan.
  • Tactus Ltd v Buy It Direct Ltd (2022). c.£1m claim for breach of contract in relation to supply of laptop computers. Issues relating to (1) rectification of purchase orders and (2) breach of condition as to sale by description/satisfactory quality. Instructed by Gordons.
  • Replan (UK) Ltd v Sportsdirect (2020-21). £3.5m claim for breach of oral agreement and restitution in relation to supply of shopfitting services to leading UK sports goods company. Issues relating to implication of terms in longstanding commercial arrangement. Instructed by Gordons.
  • Monsoon Accessorize Ltd v FAB (2018-2020). Claim for royalty payments pursuant to licence agreements in relation to sale/distribution of fragrance products. Issues relating to (1) true construction of agreements and (2) compliance with contractual termination clauses. George acted for defendant company. Settled shortly before March 2020 trial. Instructed by Gordons.
  • SDLL v Harper (2015/16). 3 day trial of building dispute in Central London County Court seeking recovery of sums in (1) debt (2) breach of contract and (3) quantum meruit in respect of failure to complete/unsatisfactory quality of extension project. Trial examined allegations of dishonest concealment of contractual counterparty’s liquidation by claimant director. Instructed by Sylvester, Amiel Lewin & Horne.
  • Mileform Ltd v Interserve Security Ltd (2012-2015). Claim for damages for breach of oral contract in relation to supply of logistical services. 4 day trial in March 2013: [2013] EWHC 3386 (QB) (Gloster J). Issues relating to (1) status of entire agreement clauses and (2) implication of terms. Instructed by Mishcon de Reya.
  • Kemp v Glacier Estates Ltd (2011/12). London Mercantile Court claim for damages for (1) breach of contract and (2) misrepresentation in relation to failure to supply bespoke, luxury kitchen. Application before HHJ Mackie QC to set aside judgment in default. Instructed by TLT.
  • Astrazeneca UK Ltd v Albemarle International Corporation (2011). 2 week Commercial Court trial before Flaux J in March 2011 relating to breach of contract claim involving construction of “first refusal” clause in pharmaceuticals contract: [2011] EWHC 1574 (Comm). Instructed by Reed Smith with John Odgers QC.
  • J&H Renwick Ltd v RBS Insurance Services Ltd (2009/10). Counterclaim to recover alleged overpayments made in relation to work done on hundreds of properties affected by flood damage. George acted for defendant insurance company. Instructed by CMS with Jonathan Mark Phillips.

Aviation

  • Westpark 1 Aircraft Leasing Ltd v Kingfisher Airlines Ltd (2009/10). Quantum proceedings against Indian airline company for claim in excess of $30 million. Instructed by Allen & Overy.
  • BAE Systems v First Flight Couriers Ltd (2008/09). Claim for (1) payment of rent and (2) redelivery of aircraft equipment under terms of aircraft leases. Instructed by Allen & Overy.
  • Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd (2008/09). International supply of goods dispute relating to the leasing of aircraft and provision of ancillary support services. Summary judgment application in Commercial Court and on appeal: [2008] 2 Lloyd’s Rep 581(Aikens J) & [2010] QB 86. Issues relating to (1) contractual estoppel and (2) application of UCTA to international supply contracts. Instructed by Allen & Overy.

Media and Entertainment

  • Martinez v Ige (2015/16). Successful (1) strike out application and (2) extended civil restraint order application arising out of claims made in relation to claimant’s appearance on GMTV programme in 2007. Instructed by
  • Jazz FM v Planet Rock (2013). Claim alleging (1) breach of exclusivity term and (2) repudiatory breach in relation to obtaining of orders from advertisers for the broadcast of advertising, sponsorship and promotion on rock music radio station.
  • Quickdraw LP v Global Live Events LLP (2011/12). Interim injunction application to prevent defendants’ exploitation of sound and film recordings of Michael Jackson Forever Tribute Concert in October 2011: [2012] EWHC 233 (Ch) (Nicholas Strauss KC). George acted for the defendants.
  • Varga v Tiger Aspect Productions Ltd (2009/10). Breach of contract claim seeking recovery of expenses in relation to production of Mr Bean animated cartoon series. Settled before trial. Hearing relating to cost consequences of late acceptance of Part 36 offer. George acted for the claimant animation company. Led by Andrew Sutcliffe KC.

Offshore

  • Featherwood Trading Ltd v Fraunteld Management Ltd (2012/13). Unjust enrichment claim for repayment of US$13m in relation to ineffective transfer of shares pursuant to joint venture agreement between two Russian businessmen. Appeal before Eastern Caribbean Supreme Court in British Virgin Islands in January 2013. Led by John Jarvis KC.
  • KZ v Russian Individual (2010). Advising in relation to proceedings brought by minority shareholders in BVI and Cyprus for fraudulent conspiracy against company director and other off-shore entities to recover damages for loss of value in shareholding.

Arbitration

  • French Pharmaceutical Supplier v Spanish Pharmaceutical Supplier (2012/13). ICC arbitration claiming damages for alleged breaches of “quality control” conditions in licence and supply agreements leading to lost sales of pharmaceutical products.
  • A v B (2005/06). ICC arbitrations seeking damages for multiple breaches of contract in relation to supply of military equipment. 2 week arbitration in The Hague in January 2006. George acted for foreign government with Ali Malek KC and Richard Brent.

Interim Injunctions

  • Velocity Composites plc v Bridges (2019). Interim injunction application to restrain shareholder group from exercising voting rights against reappointment of existing board members of board of directors at AGM: [2019] EWHC 907 (Ch) (HHJ Keyser KC).
  • Internet Service Provider v Telecommunications Provider (2018). Preparing injunction application to restrain defendant from breaching agreement to supply telecommunications services permitting claimant’s customers from connecting to the internet.
  • Quickdraw LP v Global Live Events LLP (2011/12). Defending application for injunctive relief to prevent exploitation of sound and film recordings of Michael Jackson Forever Tribute Concert in October 2011. Hearing before Nicholas Strauss KC in January 2012: [2012] EWHC 233 (Ch). Instructed by Thurloe & Lyndhurst.
  • Smith v Butler (2011). Defending injunction application by company chairman to challenge lawfulness of suspension as employee by managing director. George acted for major shareholder: [2012] 1 BCLC 444 (HHJ Behrens). Instructed by Berg Legal.
  • Cancer Care Foundation v Fundraising Initiatives Ltd (2007). Urgent ex parteapplication before Mann J for injunction to restrain defendant companies from interfering with system for collection of charitable donations. Instucted by HFW with Stephen Phillips QC.

Enforcement of judgments/arbitration awards

  • Khouj v Acropolis Capital Partners Ltd (2020/21). Successful application seeking enforcement of order requiring defendants to provide information about transfer of shares: [2021] EWHC 1667 (Comm) and [2021] EWHC 2282 (Comm). Issues relating to scope of court’s powers to order cross-examination of company officer. Instructed by HMA Law.
  • HSBC Bank Middle East Ltd v Sharbain (2018/19). Defending claim seeking enforcement of two Jordanian judgments against guarantor of the debts of Jordanian companies. Summary judgment application: [2019] EWHC 860 (Comm) (Waksman J). Issues relating to (1) fraud exception to conclusiveness of foreign judgments and (2) true construction of power of attorney. Instructed by Bishop Sewell for the defendant with John Jarvis KC.
  • CIMC v Schahin (2013/14). Enforcement proceedings relating to US$67m arbitration award. Issues relating to jurisdictional scope of CPR Part 71: [2014] EWHC 1742 (Comm) (Field J). Instructed by Curtis Davis Garrard with Andrew Fletcher KC.

George acts in and advises on applications for interim relief including freezing injunctions and related relief. George’s experience includes the following:

Freezing Orders and related Relief

  • Joint Liquidators of Hong Kong company v Individual (2019). Advising on application to obtain freezing order in English courts against former CEO of Hong Kong company resident in England in support of claim made in Hong Kong under settlement agreement governed by Hong Kong law. Instructed by Simmons & Simmons.
  • Principal Global Investors LLC v Liongate Multi-Strategy Fund Enhanced (2X) (2016/17). Application to freeze assets of investment fund in Cayman Islands in support of claim in English Commercial Court proceedings. Instructed by Mayer Brown with Andrew Fletcher KC.
  • CIMC Raffles Offshore (Singapore) Ltd v Schahin Holding SA (2013/14). Post-judgment (1) application for disclosure of assets pursuant to section 37 of the Senior Courts Act 1981 and (2) advice on application for appointment of receivers as means of enforcing judgment of US$67m (2013-2014). Instructed by Curtis Davis Garrard with Andrew Fletcher KC.
  • Dina Foods v Baden (2009). Application for disclosure of assets against individual in connection with freezing injunction proceedings. Instructed by iLaw.
  • Company v Various Individuals (2004). Applications for freezing and search orders in large corporate fraud claim. Instructed by Starr & Partners with Andrew Fletcher KC.

Other Interim Injunctions

  • Velocity Composites plc v Bridges (2019). Interim injunction application to restrain shareholder group from exercising voting rights against reappointment of existing board members of board of directors at AGM: [2019] EWHC 907 (Ch) (HHJ Keyser KC).
  • Internet Service Provider v Telecommunications Provider (2018). Preparing injunction application to restrain defendant from breaching agreement to supply telecommunications services permitting claimant’s customers from connecting to the internet.
  • Quickdraw LP v Global Live Events LLP (2011/12). Defending application for injunctive relief to prevent exploitation of sound and film recordings of Michael Jackson Forever Tribute Concert in October 2011. Hearing before Nicholas Strauss KC in January 2012: [2012] EWHC 233 (Ch). Instructed by Thurloe & Lyndhurst.
  • Smith v Butler (2011). Defending injunction application by company chairman to challenge lawfulness of suspension as employee by managing director. George acted for major shareholder: [2012] 1 BCLC 444 (HHJ Behrens). Instructed by Berg Legal.
  • Cancer Care Foundation v Fundraising Initiatives Ltd (2007). Urgent ex parteapplication before Mann J for injunction to restrain defendant companies from interfering with system for collection of charitable donations. Instucted by HFW with Stephen Phillips QC.

George has acted in various major professional negligence actions in recent years. He frequently advises on professional liability issues and acts in claims involving banks, solicitors, broker and surveyors. Notable and recent cases include:

Financial markets

  • SKAT v Solo Capital Partners (2018-2022): £1.5 claim against over 100 defendants alleging negligent/fraudulent misrepresentations made to the Danish customs authority to recover withholding tax paid on dividends in relation to Danish shares. George acted for FCA regulated entity (ED&F Man Capital Markets Limited) providing custodian and brokerage services to United States pension plans. ED&F Man was the only defendant successfully to establish that SKAT’s claim against it was inadmissible by reason of Dicey Rule 3 (“the revenue rule”): [2021] EWHC 974 (Comm) (Andrew Baker J) and [2022] EWCA Civ 234. George represented ED&F Man at numerous hearings including July 2020 (CMC) ([2020] EWHC 2022 (Comm)) and May 2021 indemnity costs hearing ([2021] EWHC 1222 (Comm)). Instructed by Rosenblatt with Ali Malek KC and Matthew Hardwick KC.
  • Sun Capital v Hammonds (2013-2015). £20m damages claim by private equity investment fund against solicitors arising out of allegedly negligent advice as to level of fine likely to be levied by EC for participation in cartel in breach of competition law. 2 week Commercial Court trial in March 2015 before Phillips J settled after evidence. Instructed by HSF with Cyril Kinsky QC.
  • RPL v McCarthy Tétrault (2011 – 2014). £60m damages claim in respect of alleged negligence of solicitors and NOMAD in relation to due diligence and verification conducted for purposes of company’s listing on AIM. 4 week trial before Morgan J in November 2014. Instructed by Hewlett Swanson with Andrew Sutcliffe KC.
  • Trident Trust Company v Anglo American Credit Union (2008/09). UK and US proceedings alleging misfeasance in relation to the administration of an investment scheme. George represented (allegedly negligent) trustee of investment scheme at examination pursuant to US Letters of Request. Instructed by Irwin Mitchell with Andrew Onslow KC.

Bank mis-selling 

  • Bywaters (Leyton) Ltd v Nat West (2020/21). Issues relating to (1) alleged failure to disclose CLU/break costs (2) misrepresentation and (3) bank’s liability (post-PAG) in relation to GRG. Instructed by Seddons.
  • Panagopoulos v Lloyds TSB (2013/14). Commercial Court claim by London property developer arising out of £23m break cost liability (1) alleging (a) advisory relationship and (b) negligent misstatement in relation to multi-callable swap and (2) seeking consequential losses in relation to missed property developments. Instructed by Bircham Dyson Bell with Ali Malek KC and Sophie Mallinckrodt.
  • Freehold Estates Ltd v RBS (2012 – 2016). Multi-million pound claim in Commercial Court relating to mis-sale of six interest rate swaps in 2007 alleging (1) negligent misstatement and (2) misrepresentation. Settled two months before 8 day trial fixed for November 2015. Instructed in successful £1m claim for basic redress in FCA review in relation to (other) time-barred swaps. Claim for consequential loss being pursued. Instructed by Day Sparkes with Andrew Onslow KC.
  • Valedown Ltd v Bank of Scotland (2013 – 2015). Multi-million pound Commercial Court claim relating to mis-sale of interest rate swap in May 2008. Settled after mediation, following first CMC. Instructed by Day Sparkes.

Solicitors 

  • Varden Street Ltd v Chopra (2019/20): £3m claim/counterclaim arising out of alleged negligence in conduct of mediation and drafting of Settlement Deed. Instructed by Seddons.
  • FMNL v JB Leitch (since 2020): £2m claim arising out of failure to issue proceedings against predecessor solicitor firm within limitation period in respect of alleged negligence in failing to advice on effect of provisions in lease. Instructed by Seddons.
  • Dartmouth v Payne Hicks Beach (2014). Claim relating to allegedly negligent advice as to the level of financial and capital provision to be made under Schedule 1 of the Children Act 1989. Instructed by Irwin Mitchell.
  • Egan v Pannone (2013/14). Claim by husband and wife for substantial damages arising out of alleged negligence in conduct of conveyancing transaction relating to purchase of property in France. Issues relating to scope of retainer in respect of matters of French law. Instructed by Linder Myers.
  • Child v Lamb Brooks (2011/12). Claim by individual landowner for consequential losses (lost profit) arising out of solicitors’ failure to advise in respect of unusual clause in lease. Instructed by Follet Stock.
  • B Legal v Ross Solmon (2009/10). Multi-party claim for damages for breach of solicitor’s undertaking. Instruct by DWF.

Other professionals: surveyors; tax advisers; insurance brokers

  • Salhan Accountants Ltd v Williams (2016/17). Counterclaim alleging (1) negligent misrepresentation and (2) undue influence in relation to defendant’s engagement of claimant accountancy firm in response to claim for fees for VAT advice/success fee. Instructed by Seddons.
  • Rubython v Anglian Water Services Ltd (2012). 3 day trial of nuisance/negligence claim in Central London County Court seeking damages (lost business profits) arising out of damage caused by water egress from neighbouring sewage treatment premises. Instructed by Seddons.
  • Lexi Holdings v Surveyor (2010). Claim against surveyor alleging negligent valuation in context of widespread fraud. Defence based in reliance on ex turpi causa  George acted for defendant surveyor. Instructed by CMS with Peter Ratcliffe.
  • Company v Broker (2009). Claim against insurance broker for breaches of duty owed pre-placement, post-placement and on renewal. Instructed by Dentons.
  • Pryce v McCartneys (2008/09). Claim against estate agent for misdescription of land in Particulars of Sale in order to recover expenses incurred in connection with prior proceedings. Instructed by Emrys Jones.

George’s practice routinely involves litigation and advice on company law and partnership issues (rights/duties under the Companies Act 2006, directors’ duties, unfair prejudice petitions and derivative claims). Notable cases include the following:

Directors’ duties

  • TMO v Yeo (2016-2022). £38m claim alleging breach of sections 171 & 172 duties by directors (bad faith; improper purpose) in relation to issue of shares in order to defeat EGM resolutions. Issues relating to scope of recovery for equitable compensation under AIB v Redler. Instructed by Hewlett Swanson with Andrew Sutcliffe KC.
  • Altecnic v Benettolo (2016-2018). Commercial Court claim for equitable compensation arising out of director’s alleged misappropriation of corporate opportunities in plumbing industry in breach of statutory duty. Insturcted by Weil, Gotshal & Manges.

Unfair prejudice petitions

  • Re Hut Group Ltd (since 2018). Section 994 unfair prejudice petition alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares for purposes of diluting/disadvantaging interests of substantial minority shareholder. Successfully resisted application to strike out allegations of fraud/bad faith on grounds (1) impermissible derivative claim and (2) improperly pleaded: [2020] BCC 433. George acts for minority shareholder. Instructed by DWF with Paul Chaisty KC.
  • Re A Company (2017/18). Section 994 unfair prejudice petition alleging mismanagement of care home business by majority shareholder/director in breach of (1) shareholder agreement and (2) directors’ duties. Instructed by Seddons.

Restoration of companies

  • FMNL v JB Leitch (since 2020). Advising on restoration of dissolved LLP for purpose of pursuing £2m claim arising out of failure to issue proceedings against predecessor solicitor firm within limitation period. Instructed by Seddons.
  • Nazar v Belco Trading Ltd (2019/20). Application to set aside order extending time for service of claim form and particulars of claim by previously dissolved company: [2020] EWHC 282 (Comm) (Foxton J). Instructed jointly by Fieldfisher and Gresham Legal.
  • Various Claimants v Lloyds (2018-2020). Advising on restoration of companies for purpose of bringing claims for deceit arising out of HBOS Reading bank fraud between 2003 and 2007. Issues relating to (1) vicarious liability (2) reflective loss (3) limitation (4) shadow directorship and (5) consequential loss. Separately instructed by Humphries Kerstetter and Day Sparkes on different cases.

General meetings

  • Velocity Composites plc v Bridges (2019). Interim injunction application to restrain shareholder group from exercising voting rights against reappointment of existing board members of board of directors at AGM: [2019] EWHC 907 (Ch) (HHJ Keyser KC). Issues relating to true construction of shareholders’ agreement. Instructed by DWF.
  • Smith v Butler (2011). CA 2006 s306 application by company chairman and majority shareholder for order that general meeting take place with quorum of one: [2012] 1 BCLC 444 (HHJ Behrens). Issues relating to implied authority of managing director to suspend employees. George acted for minority shareholder defendant. Instructed by Berg Legal.

Inspection of register of members

  • The Hut Group v Zedra Trust Company (Jersey) Limited (2017). CA 2006 s117 application for order permitting company not to comply with request from shareholder to inspect register of members (Terence Mowschenson KC: 28 November 2017 (unreported)). Issue relating to relevance of “purpose” of member in seeking to inspect register. George acted for successful respondent. Instructed by DWF.

Partnership

  • Executors of Estate v Beneficiary (2018). Advising on true construction of partnership agreement against terms of 1890 Partnership Act. Instructed by Pannone.

George’s reported cases are:

George is a modern languages graduate who speaks Spanish to a high standard.

Winner: UK Bar Awards 2023
The Lawyer Awards 2022: Chambers of the Year