Practice
George
McPherson specialises in commercial litigation (including
banking, commercial fraud, insurance and insolvency) and arbitration.
George is currently instructed as a junior acting for PwC
liquidators alleging misappropriation of business by a director
in breach of fiduciary duty. He frequently acts as an advocate
in the High Court and County Court for high street banks in
the continuing bank charges litigation.
Last year he was involved in substantial and high profile
litigation in the Commercial Court arising from the collapse
of the Box Clever Group and also acted for a foreign government
against a UK multi-national in a two week arbitration in The
Hague as part of a long-running ICC arbitration claim.
Main
Practice Areas
- Commercial
litigation
- Arbitration
- Banking
- Commercial
fraud
- Insurance
- Corporate
and personal insolvency
Experience
Commercial
Litigation
Instructed regularly in both High Court and County Court
matters. Acted for various parties in a broad range of general
commercial and contractual disputes including disputes relating
to commercial fraud, the sale and supply of goods and services,
hire-purchase and corporate insolvency.
Current and recent instructions include:
- Caring
Together Ltd v Bauso. Acting for PwC liquidators alleging
misappropriation of business by a director in breach of
fiduciary duty, with claims in conspiracy and dishonest
assistance. (Trial April 2008)
- Acting
for high street banks in the High Court and County Court
in relation to continuing bank charges litigation.
- IXIS
v Corporate & Investment Bank v WestLB AG & ors. Instructed
in substantial Commercial Court proceedings arising out
of the collapse of the Box Clever Group. Claims in negligence
and deceit relating to the securitisation of receivables.
- Settling
pleadings and advising in relation to invoice claim involving
defences of economic duress and lack of consideration.
- Acting
for coach distributor in ongoing sale of goods claim in
multi-party proceedings in the County Court.
Arbitration
Instructed since May 2005 in long-running ICC arbitration
claim acting for a foreign government against a UK multi-national
in which UNIDROIT is the applicable law of the contracts in
dispute. Acted in a two-week arbitration in The Hague in January
2006.
Banking
Frequently acts on behalf of domestic and international
banks and building societies. In particular, George is regularly
instructed by banks in the High Court and County Court in
relation to the continuing bank charges litigation.
Recent experience includes:
-
Acting for high street banks in the London Mercantile Court
in relation to bank charges litigation.
- Acting
for third party bank in joinder application in the High
Court to recover costs arising out of freezing injunction.
- Advising
mortgagor in relation to defences of lack of capacity, undue
influence and unconscionable bargain in claim by mortgagee.
Commercial
Fraud
Fraud and asset tracing work. Experience of obtaining search
and freezing orders.
Current and recent experience includes:
- Caring
Together Ltd v Bauso. Acting for PwC liquidators alleging
misappropriation of business by a director in breach of
fiduciary duty, with claims in conspiracy and dishonest
assistance. Trial April 2008)
- IXIS
v Corporate & Investment Bank v WestLB AG & ors.
Substantial commercial Court proceedings arising out of
the collapse of the Box Clever Group. Claims in negligence
and deceit relating to the securitisation of receivables.
- Instructed
in a large corporate fraud claim involving applications in
the High Court for search orders and freezing injunctions
against a series of individuals.
Insurance
Recently advised on the construction of a professional indemnity
policy in the context of an underwriter's right to reduce the
indemnity provided in specific circumstances.
Corporate and Personal Insolvency
Instructed in relation to general insolvency work, including
winding up and bankruptcy petitions, statutory demands and injunctions
to restrain presentation of winding up petitions.
Experience includes:
- Instructed
(twice) to appear in the High Court on application for discharge
of old-style administration orders relating to the Maxwell
Group of companies.
- Instructed
to appear in the High Court to appeal Registrar's refusal
to order winding-up of company.
Awards
Major
Scholar, Inner Temple 2001 and 2002
"Congratulatory" First in French and Spanish for
performance in Finals Examinations (2000). Scholar, Brasenose
College, Oxford
Languages
Fluent Spanish and very good French
Professional
Membership
COMBAR
Inner Temple
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