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John Odgers

Call 1990; BA (Oxon)
E-mail: jodgers@3vb.com


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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