Year of call: 1979
Silk: 1997
E: gmitchell@3vb.com

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SilksPMs@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 gave evidence on the law in January 2013 to the Parliamentary Commission on Banking Standards on the proposals to reform banking law.  Appointed a Recorder in 2000 and a Bencher of Gray's Inn in 2005, Gregory was the former chairman of the London Common Law and Commercial Bar Association from 2015-2016.


“He is superb and absolutely first-class. Extremely knowledgeable and learned, but very commercial as well.”

Chambers & Partners UK 2016

‘A stunning intellect displayed on legal submissions, with complete mastery of the authorities and skilful advocacy.’

Legal 500 UK 2015

Royal Bank of Scotland v Thomas Hicks, George Gillett & Others [2012] EWHC 2699 Ch acting for Mr Hicks and Mr Gillett in a dispute with RBS concerning the sale of Liverpool Football Club in October 2010 and the terms of a corporate governance agreement.

Sir Martin Broughton v Thomas Hicks, George Gillett & Others [2012] EWHC 2699 Ch acting for Mr Hicks and Mr Gillett in a dispute with Sir Martin Broughton and other directors/former directors of Liverpool Football Club concerning the sale of the club in October 2010 and a corporate governance agreement.

British Arab Commercial Bank & Others v Ahmad Hamad Algosaibi & Brothers Company & Others (June/July 2011) - instructed by BACB in claims arising under a guarantee against AHAB partners/shareholders in Saudi Arabia. Defences of fraud and forgery raised to the guarantee claims. AHAB's defence was that it was exposed to claims by 118 banks internationally with a total value of US $ 9 Billion as a result of the alleged fraud of Mr Maan Al Sanea one of the partners/shareholders raising questions of authority and vicarious liability. Alternative claims made by BACB in deceit and in restitution on the basis that AHAB was primarily liable for the conduct of Mr Al Sanea. Case listed for eight week trial but AHAB abandoned their defence after the openings and consented to judgment and indemnity costs. Click here for related press coverage

State of Libya v Capitana Seas Ltd - on 9th March 2012 obtained judgment under CPR 12.4 in the Commercial Court for the State of Libya that the Defendant a British Virgin Islands company do convey a £10M property in Hampstead to the State of Libya on the basis that the property is beneficially held for Saadi Quadhafi and that the proceeds of sale had been illegally diverted from Libyan state funds.

Erlson Precision Holdings Ltd v Hampson Industries PLC [2011] EWHC 1137 (Comm) - acted for the successful claimant in obtaining an order for recission of a share sale agreement on the ground that the Chief Executive Officer of Hampson Industries PLC had committed fraud by deliberately suppressing material information concerning the exit of the company's second most important customer.

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State of Libya v Capitana Seas Ltd - on 9th March 2012 obtained judgment under CPR 12.4 in the Commercial Court for the State of Libya that the Defendant a British Virgin Islands company do convey a £10M property in Hampstead to the State of Libya on the basis that the property is beneficially held for Saadi Quadhafi and that the proceeds of sale had been illegally diverted from Libyan state funds.

Erlson Precision Holdings Ltd v Hampson Industries PLC [2011] EWHC 1137 (Comm) - acted for the successful claimant in obtaining an order for recission of a share sale agreement on the ground that the Chief Executive Officer of Hampson Industries PLC had committed fraud by deliberately suppressing material information concerning the exit of the company's second most important customer.

Click here for related press coverage

Ram Media Ltd (In Administration) v Ministry of Culture of the Hellenic Republic (2009) - devised a strategy of enforcing an English judgment against coupons payable by the Greek Government to note holders from its account with Deutsche Bank London, and acted for the claimant on obtaining interim and final orders under CPR 72.

HMRC v The Football League and the Football Association Premier League [2012] EWHC 1372 (Ch) acting for HMRC in a claim that the rules of the Football League are void and against public policy in so far as they apply the football creditors rule under which so called football creditors receive payment in full on the insolvency of a football club whilst ordinary creditors receive a modest dividend.

HMRC v Football Association Premier League (March 2011) - made submissions to the Supreme Court on the football creditor rule and the anti deprivation principle in the context of an appeal in Lehman Brothers v Belmont [2009] EWCA Civ 1160.

HMRC v Portsmouth City Football Club [2010] EWHC 2013 - acted for HMRC in challenge to a CVA on the grounds of unfair prejudice and material irregularity in relation to Portsmouth Football Club.

HMRC v Portsmouth City Football Club Ltd [2010] EWHC 75 - acted for HMRC on company's application to strike out winding up petition and thereafter on winding up proceedings and administration.

Haugesund & Narvik v Depfa Bank & Wikborg Rein & Co. [2009] EWHC 2227 (Comm). Acting for foreign law firm in relation to a claim that Swaps made under ISDA Master Agreements are void. The case raises difficult issues as above and also questions of causation of loss and remoteness.

Qayoumi v Southall & Co [2005]. Acted for the Claimant in a claim against solicitors for having paid away monies without authority in reliance on the apparent authority of the managing director.

OBG Ltd. v Allan & Stevenson, Douglas v Hello, Mainstream Properties v Young [2007] UKHL 21 [2007] 2 WLR 920. Acted for the invalidly appointed Administrative Receivers in the first of three appeals on economic tort. The Lords have laid down important guidelines on the torts of inducing breach of contract, and causing loss by unlawful means. The Lords rejected by a majority an extension of the tort of conversion to intangible property in a watershed decision.

Haugesund & Narvik v Depfa Bank & Wikborg Rein & Co. [2011] EWCA Civ 33. Acted for foreign law firm on question whether a bank that has lent on the basis of a negligent opinion as to the capacity of the borrower to make the transaction is entitled to claim in damages the full amount lent from the lawyer notwithstanding that the bank is entitled to a claim in restitution against the borrower for the monies lent. The Court of Appeal held that the loss claimed was not within the scope of the duty of the law firm applying the decision in SAAMCO.

Royal Bank of Scotland v Thomas Hicks, George Gillett & Others [2012] EWHC 2699 Ch acting for Mr Hicks and Mr Gillett in a dispute with RBS concerning the sale of Liverpool Football Club in October 2010 and the terms of a corporate governance agreement.

Sir Martin Broughton v Thomas Hicks, George Gillett & Others [2012] EWHC 2699 Ch acting for Mr Hicks and Mr Gillett in a dispute with Sir Martin Broughton and other directors/former directors of Liverpool Football Club concerning the sale of the club in October 2010 and a corporate governance agreement.

British Arab Commercial Bank & Others v Ahmad Hamad Algosaibi & Brothers Company & Others (June/July 2011) - instructed by BACB in claims arising under a guarantee against AHAB partners/shareholders in Saudi Arabia. Defences of fraud and forgery raised to the guarantee claims. AHAB's defence was that it was exposed to claims by 118 banks internationally with a total value of US $ 9 Billion as a result of the alleged fraud of Mr Maan Al Sanea one of the partners/shareholders raising questions of authority and vicarious liability. Alternative claims made by BACB in deceit and in restitution on the basis that AHAB was primarily liable for the conduct of Mr Al Sanea. Case listed for eight week trial but AHAB abandoned their defence after the openings and consented to judgment and indemnity costs. Click here for related press coverage

Recorder 2000

Bencher of Gray's Inn 2005

Chairman of London Common Law and Commercial Bar Association 2015-2016

December 2014 - Article on duties to advise and contractual estoppel for Journal of International Banking and Financial Law on "To advise or not to advise"

May 2014 edited article on Economic Tort for Practical Law

May 2013 Article for Journal of International Banking and Financial Law on "Sanctions for bank directors and ring fencing."

April 2013 Arcticle for Journal of International Banking and Financial Law on "Piercing the veil: the decision of the supreme court in VTB Capital Plc v Nutritek [2013] UKS 5."

November 2012 Article for Journal of International Banking and Financial Law on "When is a loss regarded as too remote under English law?"

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"

2011 Chapter on Letters of Credit and Default undertakings in "Banking Litigation" - Sweet & Maxwell

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

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

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

Conversational German