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, small companies, insolvency practitioners 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. He has dealt with most kinds of commercial dispute, and his core areas are commercial litigation, corporate insolvency, shareholder disputes, banking, professional negligence, fraud, confidential information and entertainment law. Gregory Mitchell also advises on the drafting and structure of transactions in a wide variety of contexts.

Recent cases include:

• OBG Ltd. v Allan & Stevenson, Douglas v Hello, Mainstream Properties v Young [2007] UKHL 21 [2007] 2 WLR 920. Acted for the 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. The Lords have applied the law of confidence to unauthorised photographs taken at a wedding.
  
  
• HSBC v 5th Avenue Partners Ltd, Michael Brown & Others. 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.
  
  
• Shierson v Vlieland-Boddy [2005] EWCA Civ 974. Acted for the creditor in a case deciding on the tests to be applied under EU Regulation 1346/2000 on Insolvency Proceedings in determining jurisdiction under Articles 3(1) and (2).
  
  
• Lifeline Gloves Ltd v Richardson [2005] EWHC Civ. Acted for the claimant in a case concerning the construction of an agreement to share patent income.
  
  
• OBG Ltd v Allan & Stevenson [2005] EWCA Civ 106. Acted for the Defendants in a case concerning invalidly appointed receivers. The Court of Appeal decided that there was no cause of action available under the tort of interfering with contractual relations as found by the Judge.
  
  
• Quayoumi v Southall & Co [2005]. Acted for the Claimant in a claim against solicitors for having paid away monies without authority in relying on the apparent authority of the managing director.
  
  
• 2004 - 2007 advising in relation to internet gambling and the effect under English law on banks of "the Patriot Act" s. 319 codified at 18 USC s. 981(k).
  
  
• Charles William Ingram v Who Wants to be a Millionaire Ltd (2003). Acted for ITV in civil proceedings commenced in September 2001 by Ingram based on a cheque for £1M.
  
  
• Dresdner Kleinwort Benson Wasserstein (South East Asia) Ltd & others v Shinhan Bank (2003). Acted for the defendants 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.
  
  
• Qayoumi v Oakhouse Property Management Ltd and others (2001 - 2004). Acted for the claimant in a minority shareholders' action to recover monies wrongly paid away by property companies.
  
  
• Wizard Bahamas Ltd (2001 - 2002). Acted for Wizard the owners of the copyrights of Marc Bolan of T. Rex in relation to a claim by the record producer to those copyrights under Crown Assignments.
  
  
• 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. Acted for Brewin Dolphin and Private Capital Group Ltd. in the Court of Appeal and at trial.
  
  
• Weatherill v Lloyds TSB Bank PLC (2000). Acted for Lloyds TSB at trial and in Court of Appeal.
  
  
• United Bank Ltd v Hussain & others (2000). Acted for the bank in a substantial claim relating to a fraud arising from the cross firing of cheques.
  
  
• Summit Financial Group Ltd. v Slaughter & May (1999). Acted for the defendant re the drafting of an agreement between the claimant and a third party concerning a share in the profits of an enterprise zone.
  
  
• Halifax v Booth & Co (1999). Acted for the defendant re questions of conveyancing practice, attribution of the knowledge of directors, and Mortgage Indemnity Guarantees.
  
  
• Boom Time Holdings v Goldman Sachs International (1998). Acted for the Claimants re adjustments by the bank as calculation agent under a derivative following a bonus issue of shares.
  
  
• Enigma v Goldcrest (1997). Acted for the defendant in a case concerning the obligation to make payments under a film finance contract.
  
  
• OSI v. AVCL & Others [1997] RPC 289. Acted for the defendants in a dispute concerning the technology used in the manufacture of soft contact lenses.
  
  
• 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.
  
  
• 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 in a claim that the bank had failed to give proper financial advice to the customer.

Clients

Domestic retail and merchant banks, foreign banks, professional indemnity insurers, wide variety of large and small businesses, both UK and international.

Appointments

Awards and Scholarships

Recent Publications

• Chapter on Documentary Credits in Warne & Elliott on Banking Litigation (published by Sweet & Maxwell 1989 and 2005)
  
  
• 6/7/07 Article for the New Law Journal: "Should the tort of conversion apply to intangible property?"



• 29/6/07 Article for the New Law Journal "OBG ensures economic tort will stay within its proper boundaries"



• 23/6/06 Article for the New Law Journal on 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)



• Sept./05 Article for the New Law Journal on the implications for banks and borrowers of the decision of the House of Lords in National Westminster Bank v Spectrum Plus Ltd (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
  

Seminars

Languages

Fluent German.

A full CV is available on request.