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Gregory
Mitchell QC
Call
1979; QC 1997; BA (Hons); PhD (London)
E-mail: gmitchell@3vb.com |
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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:
Insolvency
Banking
and Finance
Solicitors'
Negligence
General
Commercial
Breach
of Confidence
Civil
Fraud
Enforcement
of Judgments
Disputes
Between Shareholders
Insolvency
- HMRC
v Portsmouth City Football Club Ltd 2010 - Acting for
HMRC on PCFC application to strike out winding up petition
- judgment by Newey J on 19/1/10 - and thereafter on winding
up proceedings and administration.
- 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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Banking
and Finance
- 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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Solicitors'
Negligence
- 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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General
Commercial
- 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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Breach
of Confidence
- 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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Civil
Fraud
-
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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Enforcement
of Judgment
- 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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Disputes
Between Shareholders
- 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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Appointments
Recorder
2000
Bencher
of Gray's Inn 2005
Awards and Scholarships
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
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Recent Publications
Seminars
-
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
Languages
Fluent German.
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