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Gray's
Inn
London WC1R 5NT
Tel: +44(0)20 7831 8441
Fax: +44(0)20 7831 8479
DX: LDE 331
chambers@3vb.com |
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John
Odgers is regularly instructed in matters relating to banking
and finance, commercial disputes, financial services, fraud
and professional negligence. As at February 2008 his ongoing
cases included OFT v Abbey National and others (the bank charges
litigation), the Fiona Trust litigation and WestLB v Nomura
("Box Clever"). He also has a busy advisory practice,
particularly in relation to finance and financial services.
John's main practice areas:
In
each of the above practice areas John is a ranked a "leading
junior" by The Legal 500 (2007) and/or Chambers
& Partners (2008).
Banking and Finance
John has long experience in this field. Before coming to the
Bar he was an investment banker and his first few years in
practice were largely spent acting for the clearing banks.
He is now joint editor of Byles on Bills of Exchange and
Cheques and a contributor to Banking Litigation.
Chambers
& Partners (2008) states of John in this context:
"A
man of many positive qualities, he is 'someone to turn to
in cases involving allegations of bankers' negligence'. Solicitors
enjoy working with him because 'he is bright, practical and
approachable. He also has good turnaround time and is a team
player.'"
Ongoing
and recent banking and finance cases
- Office
of Fair Trading v Abbey National and others - ("Bank
charges") Instructed on behalf of one of the defendant
banks in this important test case concerning the legality
of charges for unplanned borrowing on current accounts.
(Addleshaw Goddard)
- WestLB
AG v Nomura International plc - Instructed on behalf
of WestLB in a dispute over the financing of an acquisition.
The matter is ongoing. (Simmons & Simmons)
- UBS
v Agria - Represented UBS in a claim for the recovery
of investment banking fees in connection with the restructuring
of securities issued by a group of Italian companies. (DLA
Piper)
- TEP
Plan Litigation - Instructed on behalf of Allied Irish
Banks, defending group litigation by multiple claimants
in connection with loans made to finance the purchase of
traded endowment policies. (Isola & Isola, Gibraltar
solicitors)
- Cantor
Fitzgerald v Davy - Instructed on behalf of the defendants,
a firm of Irish stockbrokers. The dispute concerned alleged
breaches of an agreement relating to trading in contracts
for differences. (Reed Smith Richards Butler)
- Decaril
v Prudential Bache - derivative mis-selling case brought
against an American bank by several Brazilian investors,
led by Lord Goldsmith QC and Richards Salter QC. (Richards
Butler)
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Commercial
litigation
John Odgers regularly appears in both the Commercial Court and
the Chancery Division in commercial disputes of all kinds.
In this context, Chambers
& Partners (2008) has to say:
"A
long-standing and respected presence in the market, John Odgers
is 'enjoyable to work with and really knows his stuff'."
Similarly,
Legal
500 (2007) states of John:
"
'a pleasure to work with - concise, commercial and very hard
working.'"
Ongoing
and recent commercial cases
- The
Trading Force v Hesco Bastion - Commission claim in
respect of the sale of defence equipment. Leader Nicholas
Strauss QC. (Withers)
- Office
of Fair Trading v Abbey National and others - (The bank
charges test case - see above.
- Maple
Leaf v Rouvroy - proceedings for the specific enforcement
of a financing transaction in relation to the loan of shares.
(Withers)
- Jafari-Fini
v Skillglass [2007] EWCA Civ 261. Lead in the Court
of Appeal by Ali Malek QC. The case concerned the takeover
of Chestertons, the national estate agency. (Pettman Smith)
- The
Accident Group v Langford - Instructed on behalf of
an offshore trust-services company, led by Ewan McQuater
QC. Defended substantial tracing claim based upon allegations
of the unauthorised payment of dividends into employee trusts.
(Latham & Watkins)
- Re
AY Bank (in liquidation) - Instructed on behalf of the
Republic of Croatia, in a dispute between the successor
states to the Former Republic of Yugoslavia over the assets
and liabilities of a state-owned bank. (Latham & Watkins)
- M
J Select Global litigation (in The Bahamas) - represented
the fund administrator of a collapsed Bahamian mutual fund,
led by Barbara Dohmann QC. (Latham & Watkins)
- Oracle
litigation (in The Bahamas) - claims against directors
brought by a collapsed Bahamian mutual fund, led by Barbara
Dohmann QC. (Reed Smith Richards Butler)
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Financial
Services
In this practice area, John acts in both contentious and non-contentious
matters. He has regularly represented firms and individuals
both at home, particularly in disputes with the Financial Services
Authority, and overseas. He has also advised clients in relation
to such matters as collective investment schemes, the enforceability
of commission-sharing arrangements, the law relating to financial
promotions and market conduct. He also handles transfers of
banking business under Part VII of the Financial Services and
Markets Act 2000.
John is one of only nine "leading juniors" ranked
by Chambers
& Partners (2008) in Financial Services. The directory
has this to say:
"According
to commentators, John Odgers is 'clear, concise and can identify
what is relevant and what is not.' He is regularly sought
out for his advisory work, and counsels clients on a wide
range of regulatory matters."
Ongoing
and recent matters in financial services
- Manchanda
v Financial Services Authority - Instructed on behalf
of Mr Manchanda in a successful challenge before the Financial
Services & Markets Tribunal to the FSA's decision to
refuse Mr Manchanda regulatory approval. Led at trial by
Hodge Malek QC. (Fladgate Fielder)
- Financial
Services Authority v [a stockbroker] - Instructed in
relation to a disciplinary dispute concerning the quality
of advice given to clients. Led by Michael Blair QC. (Macfarlanes)
- Transfers
of banking business - represented several banks in obtaining
orders under Part VII of the Financial Services & Markets
Act 2000 for the transfer of banking business. Most recently
acted on behalf of a Turkish Bank instructed by Eversheds.
- Office
of Fair Trading v Abbey National and others - the bank
charges test case, see above.
- M
J Select Global litigation (in The Bahamas) - represented
the fund administrator of a collapsed Bahamian mutual fund,
led by Barbara Dohmann QC. (Latham & Watkins)
- Oracle
litigation (in The Bahamas) - claims against directors
brought by a collapsed Bahamian mutual fund, led by Barbara
Dohmann QC. (Reed Smith Richards Butler)
- Decaril
v Prudential Bache - derivative mis-selling case by
several Brazilian investors, led by Lord Goldsmith QC and
Richards Salter QC. (Reed Smith Richards Butler)
- TEP
Plan Litigation (Gibraltar) - Instructed on behalf of
Allied Irish Banks, defending group litigation by multiple
claimants in connection with loans made to finance the purchase
of traded endowment policies. (Isola & Isola, Gibraltar
solicitors)
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Fraud
John is regularly instructed in large-scale fraud litigation.
Chambers
& Partners (2008) ranks John a "leading junior"
in this field, stating:
"Leading
senior junior John Odgers is 'bright, practical and approachable.'
Clients appreciate his involvement in their cases as he 'has
a good turnaround, is clear on advice and supports the case
100%.'"
Ongoing
and recent fraud cases
- Fiona
Trust v Privalov - Instructed by on behalf of defendants
to very substantial fraud litigation arising out of international
shipping transactions. Led by Ali Malek QC. The matter is
due to be tried in late 2009. (CMS Cameron McKenna)
- Jafari-Fini
v Skillglass [2007] EWCA Civ 261. Lead in the Court
of Appeal by Ali Malek QC. The case concerns the takeover
of Chestertons the national estate agency. In defeating
the claim it was established that the claimant bribed a
director of the defendant at the time of the public offer.
(Pettman Smith)
- Brunei
Investment Authority v Prince Jefri - instructed on
behalf of a member of Prince Jefri's family in respect of
ancillary freezing orders obtained by the BIA. (Gherson)
- Pender/Cable
& Wireless litigation - pleaded the case on behalf
of several of the defendants. Led by Barbara Dohmann QC
(Reed Smith Richards Butler)
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Professional
negligence
Since he started in practice, John Odgers has often acted in
disputes in relation to the professional negligence of company
directors, solicitors, valuers and others.
In this field, Legal
500 (2007) says:
"John
Odgers is rated for 'always (being) on top of the issues and
always ready with a sensible solution to complex problems.'
"
Ongoing
and recent professional negligence cases
- Manchanda
v Financial Services Authority - Instructed on behalf
of Mr Manchanda in a successful challenge before the Financial
Services & Markets Tribunal to the FSA's decision to
refuse Mr Manchanda regulatory approval. Led at trial by
Hodge Malek QC. (Fladgate Fielder)
- Burford
Group v PwC - Instructed on behalf of a top-ten Solicitors'
firm. The claim concerned the implementation by accountants
and lawyers of a tax-avoidance scheme for a property company.
(CMS Cameron McKenna)
- WestLB
AG v Nomura International plc - Instructed on behalf
of WestLB, which is claiming damages in relation to the
negligent preparation of cash-flow projections. The matter
is ongoing. (Simmons & Simmons)
- Oracle
litigation (in The Bahamas) - negligence claims against
directors brought by a collapsed Bahamian mutual fund, led
by Barbara Dohmann QC. (Reed Smith Richards Butler)
- Spirecove
v Clifford Chance - represented the defendants in a
claim relating to the acquisition of a German company. (Reed
Smith Richard Butler)
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