Gregory Mitchell QC Call 1979; QC 1997; BA (Hons); PhD (London) E-mail: gmitchell@3vb.com

Practice

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 and private individuals. 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, banking, structured finance and derivatives, 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.

Case areas include:

• 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.
  
  
• Ram Media Ltd (In Administration) v Ministry of Culture of the Hellenic Republic [2008] EWHC 1835. Acted at trial and on appeal for the successful claimant (in administration) against the Greek Government in a hard fought contractual claim arising out of the cancellation of the FIFPRO World XI Football Awards due to be held in Athens in November 2006 and the resulting insolvency of the claimant.
  
  
• OBG Ltd. v Allan & Stevenson, Douglas v Hello, Mainstream Properties v Young [2007] UKHL 21 [2008] 1 AC 1. 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.
  
  
• Shierson v Vlieland-Boddy [2005] EWCA Civ 974. Acted for the trustee in bankruptcy in a case deciding the tests to be applied under EU Regulation 1346/2000 on Insolvency Proceedings in determining jurisdiction under Articles 3(1) and (2) - where the debtor claimed that he had moved his COMI from one EU jurisdiction to another.
  
  
• OBG Ltd v Allan & Stevenson [2005] EWCA Civ 106 [2005] QB 762. Acted in the Court of Appeal for the Administrative Receivers and the solicitors who advised they could take their appointment. The decision was upheld on appeal to the Lords.
  
  
• Abdul Latif Qayoumi v Oakhouse Property Holdings PLC [2003] BPIR 1 & [2003] 1 BCLC 352. Acted for the claimant shareholder who brought a derivative action and claimed a lien over recoveries in respect of the indemnity ordered in his favour in respect of the costs incurred.
  
  
• OBG Ltd v Allan (2001 - 2003) - acted for third party (solicitors who advised the receivers to take their appointment) at lengthy trial on quantum in case brought by the company against invalidly appointed receivers claiming the value of all of its business assets at the date of appointment.
  
  
• Qayoumi v Oakhouse Property Management Ltd and others 22nd June 2001. Acted for the claimant in a derivative action brought by a minority shareholder seeking to recover assets misapplied by various companies.
  
  
• OBG Ltd v Allan [2001] BPIR 1111 - acted for solicitors who had advised on the appointment of a receiver under a debenture assigned by a bank to a trade creditor.
  
  
• Phillips v. Brewin Dolphin [2001] 1 WLR 143. Acted for Brewin Dolphin in the House of Lords on the question of the meaning of "transaction" under section 238 of the Insolvency Act 1986.
  
  
• Phillips v. Brewin Dolphin [1999] 1 WLR 2052. Acted for Brewin Dolphin and PCG in the Court of Appeal on the above issue and also the question whether there had been a repudiation of an agreement to assign the benefit of computer leasing agreements.
  
  
• Secretary of State for Trade and Industry v McTighe and others [1994] 2 BCLC 284. Acted at first instance and in the Court of Appeal on a question of time for bringing proceedings under the Directors Disqualification Act 1986.
  
  
• Re Copecrest Ltd [1993] BCLC 1118. Acted for the respondent in opposing an application to extend time for the brining of proceedings under the Directors Disqualification Act 1986.
  
  
• In Re Produce Marketing Consortium [1989] 3 All ER 1, [1989] 1 WLR 745, [1989] BCLC 513, [1989] BCC 399. Acted for the liquidator - led by Mary Arden QC (now Arden LJ) in first case defining the basis of liability for wrongful trading under section 214 Insolvency Act 1986.
  
  
• Bank Of Baroda V Panessar And Others [1987] Ch 335. Acted for the receivers at trial of an issue as to whether they had been invalidly appointed and/or had sold assets at an undervalue.
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• 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 of the capacity of Norwegian Kommunes to make such agreements and whether they are bound to give restitution of the monies lent by the bank, in particular whether their losses arising from investment in CDOs amounts to a change of position.
  
  
• Acting for foreign law firm in relation to a claim that Swaps made under ISDA Master Agreements are void.
  
  
• Advising banks and other companies on the restructuring of banking facilities.
  
  
• Acted for an international bank from 2004 - 2008 in a multi - jurisdictional dispute arising out of the exercise by the Department of Justice in New York of its forfeiture powers of US $ deposits under U.S.C. 981(k) "the Patriot Act 2001" in connection with a claim to trace the proceeds of money laundering and internet gaming.
  
  
• Gave expert evidence in 2008 in the Swedish Court on English law in relation to a claim brought by an investor against a bank.
  
  
• HSBC v 5th Avenue Partners Ltd, Michael Brown & Others [2006]. Acted from December 2005 - June 2006 for 4 investor Defendants and Part 20 Claimants in a $60M claim brought by HSBC to protect the investors' remaining monies from further fraud by 5th Avenue Partners Ltd and Michael Brown and to recover the sums lost. The case raised a large number of banking issues as to duties of care owed, whether accounts were trust accounts, and liability in constructive trust.
  
  
• Dresdner Kleinwort Benson Wasserstein (South East Asia) Ltd & others v Shinhan Bank (2003). Acted for a Korean Bank in a claim in the Commercial Court based on a Letter of Comfort relating to a floating rate note issue of US $50M concerning the status and effect under English law of a letter of comfort.
  
  
• Weatherill v Lloyds TSB Bank PLC (2000). Defended Lloyds TSB at trial and in the Court of Appeal against claims given great publicity in the media and which were rejected by the Court.
  
  
• United Bank Ltd v Hussain & others (1997 - 2000). Acted for the bank in a substantial claim relating to a fraud arising from the cross firing of cheques with a value of £120M with freezing orders and tracing claims being made to recover the monies.
  
  
• Choudhry v United Bank Ltd (18/11/99) - Acted for the bank in a dispute concerning a forged letter of lien and the issue of who was the customer. Acted for the bank in obtaining an order that a witness who was held to be the true customer should pay the costs.
  
  
• Boom Time Holdings v Goldman Sachs International (1998). Acted for the claimant at first instance and in the Court of Appeal in a claim concerning the true construction of a Hong Kong Barrier Option under an OTC Master Agreement
  
  
• Barclays Bank v. Estates & Commercial Ltd [1997] 1 WLR 415. Acted for the bank in relation to the application of an unpaid vendor's lien.
  
  
• Minories Finance v Afribank Nigeria Ltd (November 1996) - Acted for the defendant at trial in the commercial court on a claim brought for wrongful payment on bills of exchange and letters of credit
  
  
• Royal Trust Bank v. National Westminster Bank PLC [1996] BCC 613 - Acted for the claimant at trial and in the Court of Appeal on the question of whether a charge was fixed or floating.
  
  
• Spindler & Verity v. Lloyds Bank [1995] CLC 1557. Acted for the bank at trial and in the Court of Appeal in a claim that the bank had failed to give proper financial advice to the customer.
  
  
• Acted for a foreign bank (1992 - 1993) in recovering US $10 Billion of Standby Letters of Credit which had been procured by fraud.
  
  
• TSB Private Bank International v Chabra and Another [1992] 1 WLR Acted for the defendant on an application for a freezing order to be granted against a party in relation to whom there was no cause of action but whose joinder was necessary in order to make the freezing order effective
  
  
• Femis Bank (Anguilla) Ltd v Lazar and Others [1991] Ch 391 - Acted for the Defendant in respect of a claim for an injunction seeking to prevent him from allegedly conspiring to cause injury by publishing statements that the Claimant was financially unsound.
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• 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 au thority in reliance on the apparent authority of the managing director.
  
  
• OBG v Allan (2001 - 2007) see under Insolvency above - Acted for solicitors who had advised the receivers to take their appointment.
  
  
• Summit Financial Group Ltd. v Slaughter & May (1999) The Times 2/4/99. Acted for the Defendant in relation to a claim arising out of the drafting of a profit share agreement.
  
  
• Halifax v Booth & Co (1999). Acted for the defendant in as case concerning questions of conveyancing practice, attribution of the knowledge of directors, Mortgage Indemnity Guarantees, and the authority of building societies to make commercial loans for property development under the Building Societies 1986.
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• Von Essen Hotels 5 Ltd v Vaughan [2007] EWCA Civ 1349. Acted for the claimant in a dispute concerning the validity of a notice served under a claim for breach of warranty under a share sale agreement.
  
  
• Lifeline Gloves Ltd v Richardson [2005] EWHC 1524 (Ch). Acted for the claimant in a case concerning the construction of an agreement to share patent income.
  
  
• Charles William Ingram v Who Wants to be a Millionaire Ltd & ITV (2001 - 2003). Acted for ITV and Who Wants to be a Millionaire in the civil claim brought by the notorious "coughing Major" seeking to recover £1M on the cheque provided to him. The civil claim preceded the eventual criminal proceedings brought by the CPS - the civil claim was adjourned shortly before trial so that the criminal case could proceed first.
  
  
• Enigma v Goldcrest (1997). Acted for the defendant in a case concerning the obligation to make payments under a film finance contract concerning the royalties on a number of films.
  
  
• ICC Arbitration (1997). Acted as counsel in a case concerning claims for the repudiation of a contract for the supply of electronic components of an air traffic control system.
  
  
• Post Office v Union of Communication Workers [1990] 1 WLR 981. Acted at first instance and on appeal for the defendants in a case concerning whether a ballot under the Trade Union Act 1984 had been taken properly.
  
  
• Chiltern Court v Wallabrook [1987] 43 EG 173 & [1988] 2 EGLR 253. Acted for the defendant in a claim concerning the question of whether or not the contract gave rise to an option.
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• OSI v. AVCL & Others [1997] RPC 289. Acted for the defendants from 1994 - 1997 in a substantial dispute in which the claimant alleged that the entire technology (machinery, lens design programs, operating procedures, computer software) used by the defendants to set up a plant manufacturing disposable contact lenses was proprietary. The decision deals with many important issues in the law of confidential information and the remedies available.
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• Acted for an international bank from 2004 - 2008 in a multi- jurisdictional dispute - see above under Banking.
  
  
• HSBC v 5th Avenue Partners Ltd, Michael Brown & Others [2006] - see above under Banking.
  
  
• Charles William Ingram v Who Wants to be a Millionaire Ltd & ITV (2001 - 2003) - see above under General Commercial.
  
  
• Qayoumi v Oakhouse Property Management Ltd and others 22nd June 2001 - see above under Insolvency.
  
  
• United Bank Ltd v Hussain & others (2000). - see above under Banking.
  
  
• Acted for a foreign bank (1992 - 1993) in recovering US $10 Billion of Standby Letters of Credit.
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• 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.
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• Qayoumi v Qayoumi (2001 - 2005) - dispute between shareholders/directors concerning the assets of property companies and the authority of a managing director - see Insolvency above..
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• Chapter on Documentary Credits in Warne & Elliott on Banking Litigation (published by Sweet & Maxwell 1989 and 2005)
  
  
• 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 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
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• 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