George specialises in all aspects of commercial litigation including general contractual disputes, banking, commercial fraud, professional negligence, company law and applications for interim relief.

George is recommended in the directories for his all-round abilities (“excellent”; “outstanding”’; technically very strong”; “strategically strong), the quality of his written work (exceptional) and his diligence (a very thorough and clever lawyer) and approachability (very personable and user-friendly).

George is equally comfortable as a member of a larger counsel team or as sole advocate. He frequently represents clients in the High Court and has appeared on several occasions (as junior and advocate) in the Court of Appeal. He has also been called to the BVI Bar.

In recent years, George has been instructed as a senior junior in some of the largest and most complex commercial cases. A significant proportion of his time since 2018 has been spent acting in the massive SKAT litigation for ED&F Man (one of the principal non-fraud defendants), which has seen George appear as advocate at hearings alongside numerous QCs. He is also acting for Oliver Nobahar-Cookson in his long running shareholder dispute with The Hut Group, he represented Berkeley Square Holdings in its substantial fraud claim against Lancer (including a landmark strike out application in relation to the scope of without prejudice privilege, which went to the Court of Appeal in December 2020) and he recently acted for the Liquidators of TMO Renewables Limited in a claim against its former directors for breach of their statutory duties, which culminated in a four week trial in March 2021.

George frequently advises on procedural issues: over the last year he has appeared in two appellate cases addressing different aspects of the law of privilege.

George’s recent reported cases include:

George is a modern languages graduate who speaks Spanish to a high standard.


“A very thorough and clever lawyer, who grasps technical issues quickly”

Legal 500 UK 2014

‘Technically very strong and very user-friendly.’

Legal 500 UK 2015

George’s experience in this field covers a wide range of different aspects of investment and retail banking and financial services.

Financial markets and hedge funds

SKAT v Solo Capital Partners (since October 2018): issues relating to the legal validity of complex dividend arbitrage trading in respect of the acquisition and funding of shares in Danish company. George acts for FCA regulated entity (ED&F Man) providing custodian and brokerage services to United States pension plans. A 6 week preliminary issue trial to consider the validity issue was scheduled to take place before Andrew Baker J in October 2021. Led by Ali Malek QC and Matthew Hardwick QC.

Guernsey fund v English LLP (2020): breach of contract/restitution claim in relation to remuneration agreement for special purpose Guernsey investment fund used to acquire businesses providing risk management and certification services to food, marine and forestry industries.

PGI v Dillard (2015-2017): US$60m breach of warranty/deceit claim arising out of historical investments made by investment management and research group (the Liongate Group) specialising in managing portfolios of hedge funds. Specific issue relating to Liongate Group’s investment in largest of several “feeder funds” used by Bernard Madoff to perpetrate Ponzi scheme fraud. Led by Andrew Fletcher QC.

Sun Capital v Hammonds (2013 – 2015). £8m professional negligence claim against solicitors in relation to EU law liabilities of private equity investment fund. 2 week Commercial Court trial in March 2015 before Phillips J settled after evidence. Led by Cyril Kinsky QC.

Promissory notes and letters of credit

Taher v Ikon Finance (2019): issues relating to (1) the proper construction of and (2) default under promissory notes arising out of a settlement agreement.

IKON International (HK) Holdings Public Company Ltd v IKON Clearing Corporation Ltd (2015): issues relating to the enforceability of a letter of demand issued pursuant to a standby letter of credit subject to the International Standby Practices ISP 98, ICC Publications No. 590. Led by John Jarvis QC.

Commerzbank v ProCredit Bank (2010): issues relating to meaning and effect of standby letter of credit issued by Kosovan Bank to Austrian company under UCP 600.

Mis-selling claims

For many years George has acted for HNWIs and SMEs in (1) litigation (2) the FCA review and (3) Financial Ombudsman complaints in relation to the alleged mis-sale of complex interest rate hedging products (including issues relating to credit limit utilisation (CLU), GRG, and LIBOR manipulation). Notable examples include:

Bywaters (Leyton) Ltd v Nat West (2020/21). Issues relating to (1) alleged failure to disclose CLU/break costs (2) misrepresentation and (3) bank’s liability (post-PAG) in relation to GRG.  

Panagopoulos v Lloyds TSB (2013/14). Commercial Court claim by London property developer arising out of £23m break cost liability (1) alleging (a) advisory relationship and (b) negligent misstatement in relation to multi-callable swap and (2) seeking consequential losses in relation to missed property developments.

Tuvana v Barclays (2013-2015). £50m claim in Chancery Division arising out of alleged fraudulent manipulation of LIBOR. Described in The Times as "...one of the largest lawsuits over mis-selling of hedging products to come to court" (4 April 2015).

Freehold Estates Ltd v RBS (2012 – 2016). Multi-million pound claim in Commercial Court relating to mis-sale of six interest rate swaps in 2007 alleging (1) negligent misstatement and (2) misrepresentation. Settled two months before 8 day trial fixed for November 2015. Instructed in successful £1m claim for basic redress in FCA review in relation to (other) time-barred swaps. 

Valedown Ltd v Bank of Scotland (2013 – 2015). Multi-million pound Commercial Court claim relating to mis-sale of interest rate swap in May 2008. Settled after mediation, following first CMC.

Guarantees

WD v Bank (2019/20). Issues relating to (1) proper construction of “unconditional” guarantee (2) bank’s power to apply charge backs under Merchant Services Facility and (3) enforceability of letters of demand.

Marquette v UBS (2014/15). Commercial Court claim under guarantee for accelerated receipt of future interest under loan agreement. Issue relating to whether accelerate receipt interest provision was penal under Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67.

Abraaj Investment Management Ltd v Tuli (2009/10). US$23.7m Commercial Court claim under personal guarantee in relation to financing arrangements for purchase of art work. Successful summary judgment application in March 2010: [2010] EWHC 630 (Comm) (Teare J).

Money laundering

XYZ Group v Bank (2015). Advice relating to (1) legality of bank’s unilateral decision to freeze 14 bank accounts under POCA 2002 sections 327 to 329 on grounds of suspected money laundering and offence of “tipping off” (2) application of Shah v HSBC [2013] 1 All ER (Comm) 72 (2015) (3) application of charges to frozen accounts.

Mistaken payments

UK Company v Bank (2015). Issues relating to company’s right to bring claims to recover payments made by mistake to third party on grounds of (1) restitution (unjust enrichment) and/or negligence (2) defence of ministerial receipt (3) defence change of position and (4) Payment Services Regulation 2009.

Conversion of cheques/monies had and received

Customer v Bank (2015). Claim against bank in conversion for cashing of cheques with value over £1m after customer defrauded by third party. Issue relating to (1) whether customer remains true owner of cheques and (2) scope of bank’s defence under section 2 of Cheques Act 1957.

Possession claims

United Trust Bank v Miller (2019). Complex possession proceedings involving issues of (1) mental capacity (litigation friend) and (2) true construction of Settlement Deed.

Southern Pacific Mortgages Ltd v Iqbal (2011). 2 day possession trial before HHJ Langan QC. Application of Paragon Finance v Pender to securitisation defence.

Barclays Bank v Auerbach (2009/10). Multi-million pound possession claim and strike out application against Mauritian company and husband and wife.

Redstone Mortgages plc v Ashford (2009). Possession action against defendant occupiers of property involving questions of estoppel and subrogation.

Bank charges

Various Claimants v Various Banks (2007). Acting for high street banks in claims proceeding in the London Mercantile Court and County Courts in bank charges litigation. Issues relating to granting stay of claims pending outcome of High Court proceedings.

George is regularly instructed in large-scale fraud litigation.

Notable cases include:

Fraudulent misrepresentation/deceit

SKAT v Solo Capital Partners (since 2018): £1.5 billion claim alleging fraudulent misrepresentations made to the Danish customs authority to recover withholding tax paid on dividends in relation to Danish shares. George acts for one of non-fraud defendants (ED&F Man). Led by Ali Malek QC and Matthew Hardwick QC.

TMO v Yeo (since 2016). £38m claim alleging fraudulent misrepresentations by directors in relation to fundraising secured by directors in order to manipulate voting at key EGM in October 2013. 4 week trial before Joanna Smith J in March 2021. George acts for Joint Liquidators bringing claim. Led by Andrew Sutcliffe QC.

Various Claimants v Lloyds (2018-2020). Advising on numerous claims for deceit arising out of HBOS Reading bank fraud between 2003 and 2007. Issues relating to (1) vicarious liability (2) reflective loss (3) limitation (4) shadow directorship and (5) consequential loss.

Companies A & B v Various Individuals (2019). Advising on claims in (1) deceit and (2) unlawful means conspiracy arising out of allegedly dishonest Ponzi investment scheme in mobile homes units.

Nazar v Belco Trading Ltd (2019/20). Claim of circa US$10m against eight defendants arising out of allegedly fraudulent misrepresentations relating to a joint venture agreement between two Ukrainian citizens. George acted for six corporate defendants which successfully set aside order extending time for service of claim form and particulars of claim: [2020] EWHC 282 (Comm) (Foxton J).

PGI v Dillard (2015-2017). US$60m claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent misrepresentations in relation to group’s historical investments. Led by Andrew Fletcher QC.

Tuvana v Barclays (2013–2015). £50m mis-selling claim against retail bank’s investment arm alleging fraudulent manipulation of LIBOR in relation to sale of interest rate swap. Led by John Jarvis QC.

The Hut Group Ltd v Nobahar-Cookson (2012–2014). £10m counterclaim by seller of online sports retail business alleging fraudulent misrepresentations in relation to purchaser company’s accounts. 4 week Commercial Court trial in October 2014: [2014] EWHC 3843 (Comm) (Blair J). Led by John Odgers QC.

IXIS v Corporate & Investment Bank v WestLB AG & others (2006/07). Substantial Commercial Court claim arising out of the collapse of the Box Clever Group. Claims in deceit relating to the securitisation of receivables. Led by Mark Hapgood QC and Sonia Tolaney.

Breach of fiduciary duty; dishonest assistance; conspiracy

Berkeley Square Holdings v Lancer (2018 – 2021). £30m breach of fiduciary duty, dishonest assistance and conspiracy claims arising out of alleged dishonest over-charging by defendant property asset management group in relation to £5 billion property portfolio beneficially owned by President of the UAE. George acted for claimant property management company. Led by David Quest QC.

TMO v Yeo (since 2016). £38m claim alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares in order to defeat EGM resolutions. Issues relating to scope of recovery for equitable compensation under AIB v Redler. George acts for Joint Liquidators bringing claim. Led by Andrew Sutcliffe QC.

Re Hut Group Ltd (since 2018). Section 994 unfair prejudice petition alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares for purposes of diluting/disadvantaging interests of substantial minority shareholder. Successful resisted application to strike out allegations of fraud/bad faith on grounds improperly pleaded: [2020] BCC 433 George acts for minority shareholder. Led by Paul Chaisty QC.

Various Claimants v Lloyds (2018-2020). Advising on numerous claims for dishonest breach of fiduciary duty/conspiracy arising out of HBOS Reading bank fraud between 2003 and 2007. Issues relating to (1) vicarious liability (2) reflective loss (3) limitation (4) shadow directorship and (5) consequential loss.

Altecnic v Benettolo (2016-2018). Breach of fiduciary duty claim against company director and accessory liability for dishonest assistance in relation to exclusive supplier arrangement relating to Italian plumbing business.

Frisco (UK) Sales Ltd v Wallis (2011/12). Breach of fiduciary duty claim against managing director for alleged dishonest misappropriation of architectural hardware goods owned and distributed by company. Proceedings in Queen’s Bench Division.

Caring Together Limited (In Liquidation) v Bauso (2007/08). Breach of fiduciary duty and conspiracy claim by joint liquidators of company against former directors, who allegedly misappropriated company funds from “payroll giving” fundraising model. Led by Stephen Phillips QC.

Fraudulent breach of warranty

SRCL v Various Defendants (2016/17). £2m Commercial Court breach of warranty claim alleging dishonesty/bad faith in implementation of price increases for supply for healthcare patient support services.

PGI v Dillard (2015-2017). US$60m claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent breach of warranty in relation to group’s historical investments. Led by Andrew Fletcher QC.

The Hut Group Ltd v Nobahar-Cookson (2012 – 2014). £10m counterclaim by seller of online sports retail business alleging fraudulent breach of warranty in relation to purchaser company’s accounts. 4 week Commercial Court trial in October 2014 before Blair J: [2014] EWHC 3843 (Comm). Led by John Odgers QC.

Other fraud claims

Schmitt v Fenne-Frederiksen (2011 – 2012). Jurisdiction challenge in relation to claims made by German administrator of Phoenix Kapitaldienst pursuant to section 423 of Insolvency Act 1986 arising out of dishonest Ponzi investment scheme.

KZ v Russian Individual (2010). Advising in relation to proceedings brought by minority shareholders in BVI and Cyprus for fraudulent conspiracy against company director and other off-shore entities to recover damages for loss of value in shareholding.

Lexi Holdings v Aitchison Rafferty (2010). Defending claim for allegedly negligent valuation in reliance on ex turpi causa doctrine based on the fraud of a “one man company” in making loans pursuant to a dishonest scheme as set out in Moore Stephens v Stone & Rolls Limited [2009] UKHL 39. Led by Peter Ratcliffe.

Hosking v Andreou (2008/09). Claim alleging fraudulent misappropriation of property by bankrupt. Led by Jonathan Nash QC.

Freezing Orders and related Relief

Joint Liquidators of Hong Kong company v Individual (2019). Advising on application to obtain freezing order in English courts against former CEO of Hong Kong company resident in England in support of claim made in Hong Kong under settlement agreement governed by Hong Kong law.

Principal Global Investors LLC v Liongate Multi-Strategy Fund Enhanced (2X) (2016/17). Application to freeze assets of investment fund in Cayman Islands in support of claim in English Commercial Court proceedings. Led by Andrew Fletcher QC.

CIMC Raffles Offshore (Singapore) Ltd v Schahin Holding SA (2013/14). Post-judgment (1) application for disclosure of assets pursuant to section 37 of the Senior Courts Act 1981 and (2) advice on application for appointment of receivers as means of enforcing judgment of US$67m (2013-2014). Led by Andrew Fletcher QC.

Dina Foods v Baden (2009). Application for disclosure of assets against individual in connection with freezing injunction proceedings.

Company v Various Individuals (2004). Applications for freezing and search orders in large corporate fraud claim. Led by Andrew Fletcher QC.

George has acted in numerous substantial commercial disputes in the High Court. He has been ranked in the Legal 500 since 2014. Notable cases include:

Heavy commercial cases

SKAT v Solo Capital Partners (since 2018): £1.5 billion Commercial Court claim against over 100 defendants alleging negligent/fraudulent misrepresentations made to the Danish customs authority to recover withholding tax paid on dividends in relation to Danish shares. George acts for one of major non-fraud defendants sued for circa £70 million (ED&F Man). Led by Ali Malek QC and Matthew Hardwick QC.

PGI v Dillard (2015-2017). US$60m Commercial Court claim relating to acquisition of majority stake in offshore investment management group alleging fraudulent misrepresentations and fraudulent breach of warranty in relation to group’s historical investments. Settled before 8 week trial. Led by Andrew Fletcher QC.

The Hut Group Ltd v Nobahar-Cookson (2012-2014). 4 week Commercial Court trial before Blair J in October 2014 relating to circa £10 million breach of warranty claim and counterclaim: [2014] EWHC 3843 (Comm). Led by John Odgers QC.

Astrazeneca UK Ltd v Albemarle International Corporation (2011). 2 week Commercial Court trial before Flaux J in March 2011 relating to breach of contract claim involving construction of “first refusal” clause in pharmaceuticals contract: [2011] EWHC 1574 (Comm), Led by John Odgers QC.

GB Gas Holdings Ltd v Accenture (UK) Ltd (2009). Preliminary issue relating to fitness of British Gas customer billing system. Led by Jeffrey Onions QC and Sonia Tolaney.

ALS v Honeywell (2007) £388m Commercial Court claim for alleged breach of contract and misrepresentation in relation to development of automotive gear technology. Involved in pre-trial hearings and preparation of witness statements. Led by Ewan McQuater QC and David Head.

IXIS v Corporate & Investment Bank (2006/07). Commercial Court claim arising out of the collapse of the Box Clever Group. Claims in deceit relating to the securitisation of receivables. Led by Mark Hapgood QC and Sonia Tolaney.

Breach of warranty

Property Trust v Individual (2019/20). Drafting opinion in support of release of Deferred Consideration under terms of 2017 SPA having regard to (1) existence and (2) quantum of claims.

Holding Company v Sellers (2020). Drafting opinion in support of release of Escrow Payment under terms of 2019 SPA having regard to (1) existence and (2) quantum of claims.

Chicago Bidco Ltd v Surestone Insurance Holdings Ltd (2019/20). Claim based on alleged breach of warranty relating to accuracy of “accounting records”. Led by Andrew Fletcher QC.

TEOCO UK Ltd v Aircom Jersey 4 Ltd (2016-2018). Claim relating to alleged breach of tax warranties. Summary judgment/strike out application on grounds of failure to notify claim in accordance with provisions of SPA: [2016] 4 WLUK 527 (Richard Millett QC) & [2018] BCC 339 (Court of Appeal). Led by John Jarvis QC.

SRCL v Various Defendants (2016/17). £2m Commercial Court claim relating to breaches of warranties arising out of claimant’s acquisition of healthcare transport business.

PGI v Dillard (2015-2017). US$60m Commercial Court claim alleging fraudulent breach of warranty in relation to group’s historical investments. Led by Andrew Fletcher QC.

Ryan (JGHL) Bidco Ltd v 19 Individuals (2014-2016). £3m Commercial Court claim alleging breach of “true and fair” warranty in relation to accounts of insurance business caused by (1) insufficient run-off provision (2) incorrect treatment of commission and (3) no provision for expenses.

The Hut Group Ltd v Nobahar-Cookson (2012-2014). Circa £10m claim/counterclaim alleging breaches of warranty. Adequacy of claim notification under SPA considered by Court of Appeal: [2016] EWCA Civ 128. Led by John Odgers QC.

General commercial disputes

Monsoon Accessorize Ltd v FAB (2018-2020). Claim for royalty payments pursuant to licence agreements in relation to sale/distribution of fragrance products. Issues relating to (1) true construction of agreements and (2) compliance with contractual termination clauses. George acted for defendant company. Settled shortly before March 2020 trial.

Altecnic v Benettolo (2016-2018). Commercial Court claim for damages and equitable relief arising out of (1) alleged breach of exclusive distributorship agreement and (2) misappropriation of corporate opportunities by director in plumbing industry.

Zedra Trust Company (Jersey) Limited v The Hut Group Ltd (2018/19). Part 8 claim seeking production of expert report pursuant to (1) implied term of SPA and/or (2) in accordance with agency principles: [2019] EWHC 2191 (Comm) (HHJ Eyre QC). George acted for successful claimant. Led by Andrew Onslow QC.

Khouj v Acropolis Capital Partners Ltd (2016). Claim seeking declaratory relief in relation to defendants’ management of a deceased Saudi citizen’s assets at time of his death. Issues relating to (1) principles of agency and (2) circumstances in which fiduciary duty found to arise. 5 day Commercial Court trial in May 2016 before Knowles J: [2016] EWHC 2120 (Comm). George acted for administrator of deceased’s estate. Led by Andrew Sutcliffe QC.

Mileform Ltd v Interserve Security Ltd (2012-2015). Claim for damages for breach of oral contract in relation to supply of logistical services. 4 day trial in March 2013: [2013] EWHC 3386 (QB) (Gloster J). Issues relating to (1) status of entire agreement clauses and (2) implication of terms.

Rubython v Anglian Water Services Ltd (2012). 3 day trial of nuisance/negligence claim in Central London County Court seeking damages (lost business profits) arising out of damage caused by water egress from neighbouring sewage treatment premises.

Mann Aviation Group (Engineering) Ltd (in administration) v Longmint Aviation Ltd (2011). Successful claim to establish implied periodic tenancy in respect of occupation of commercial airport premises following 6 day speedy trial: [2011] EWHC 2238 (Ch) (Sales J). George acted for claimant. Led by Andrew Sutcliffe QC.

Abraaj Investment Management Ltd v Bregawn Jersey Ltd; Abraaj Investment Management Ltd v Neville Tuli (2009-2010). US$23.7m Commercial Court claim for breach of contract and breach of fiduciary duty to recover monies loaned to SPV for purposes of launching art investment fund.

Aviation

Westpark 1 Aircraft Leasing Ltd v Kingfisher Airlines Ltd (2009/10). Quantum proceedings against Indian airline company for claim in excess of $30 million.

BAE Systems v First Flight Couriers Ltd (2008/09). Claim for (1) payment of rent and (2) redelivery of aircraft equipment under terms of aircraft leases.

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd (2008/09). International supply of goods dispute relating to the leasing of aircraft and provision of ancillary support services. Summary judgment application in Commercial Court and on appeal: [2008] 2 Lloyd’s Rep 581(Aikens J) & [2010] QB 86. Issues relating to (1) contractual estoppel and (2) application of UCTA to international supply contracts.

Construction

SDLL v Harper (2015/16). 3 day trial of building dispute in Central London County Court seeking recovery of sums in (1) debt (2) breach of contract and (3) quantum meruit in respect of failure to complete/unsatisfactory quality of extension project. Trial examined allegations of dishonest concealment of contractual counterparty’s liquidation by claimant director. George acted for the successful defendant.

Kemp v Glacier Estates Ltd (2011/12). London Mercantile Court claim for damages for (1) breach of contract and (2) misrepresentation in relation to failure to supply bespoke, luxury kitchen. Application before HHJ Mackie QC to set aside judgment in default. George acted for the successful claimant.

J&H Renwick Ltd v RBS Insurance Services Ltd (2009/10). Counterclaim to recover alleged overpayments made in relation to work done on hundreds of properties affected by flood damage. George acted for defendant insurance company. Led by Jonathan Mark Phillips.

Media and Entertainment

Martinez v Ige (2015/16). Successful (1) strike out application and (2) extended civil restraint order application arising out of claims made in relation to claimant’s appearance on GMTV programme in 2007.

Jazz FM v Planet Rock (2013). Claim alleging (1) breach of exclusivity term and (2) repudiatory breach in relation to obtaining of orders from advertisers for the broadcast of advertising, sponsorship and promotion on rock music radio station.

Quickdraw LP v Global Live Events LLP (2011/12). Interim injunction application to prevent defendants’ exploitation of sound and film recordings of Michael Jackson Forever Tribute Concert in October 2011: [2012] EWHC 233 (Ch) (Nicholas Strauss QC). George acted for the defendants.

Varga v Tiger Aspect Productions Ltd (2009/10). Breach of contract claim seeking recovery of expenses in relation to production of Mr Bean animated cartoon series. Settled before trial. Hearing relating to cost consequences of late acceptance of Part 36 offer. George acted for the claimant animation company. Led by Andrew Sutcliffe QC.

Offshore

Featherwood Trading Ltd v Fraunteld Management Ltd (2012/13). Unjust enrichment claim for repayment of US$13m in relation to ineffective transfer of shares pursuant to joint venture agreement between two Russian businessmen. Appeal before Eastern Caribbean Supreme Court in British Virgin Islands in January 2013. Led by John Jarvis QC.

KZ v Russian Individual (2010). Advising in relation to proceedings brought by minority shareholders in BVI and Cyprus for fraudulent conspiracy against company director and other off-shore entities to recover damages for loss of value in shareholding.

Arbitration

French Pharmaceutical Supplier v Spanish Pharmaceutical Supplier (2012/13). ICC arbitration claiming damages for alleged breaches of “quality control” conditions in licence and supply agreements leading to lost sales of pharmaceutical products.

A v B (2005/06). ICC arbitrations seeking damages for multiple breaches of contract in relation to supply of military equipment. 2 week arbitration in The Hague in January 2006. George acted for foreign government. Led by Ali Malek QC and Richard Brent.

Interim Injunctions

Velocity Composites plc v Bridges (2019). Interim injunction application to restrain shareholder group from exercising voting rights against reappointment of existing board members of board of directors at AGM: [2019] EWHC 907 (Ch) (HHJ Keyser QC).

Internet Service Provider v Telecommunications Provider (2018). Preparing injunction application to restrain defendant from breaching agreement to supply telecommunications services permitting claimant’s customers from connecting to the internet.

Quickdraw LP v Global Live Events LLP (2011/12). Application for injunctive relief to prevent defendants’ exploitation of sound and film recordings of Michael Jackson Forever Tribute Concert in October 2011. Hearing before Nicholas Strauss QC in January 2012: [2012] EWHC 233 (Ch). George acted for the defendants.

Smith v Butler (2011). Injunction application by company chairman to challenge lawfulness of suspension as employee by managing director. George acted for major shareholder: [2012] BCLC 444 (HHJ Behrens)

Cancer Care Foundation v Fundraising Initiatives Ltd (2007). Urgent ex parte application before Mann J for injunction to restrain defendant companies from interfering with system for collection of charitable donations. Led by Stephen Phillips QC.

Enforcement of judgments/arbitration awards

Khouj v Acropolis Capital Partners Ltd  (2020/21). Application seeking enforcement of order requiring defendants to provide information about transfer of shares. Issues relating to court’s powers to enforce judgments.

HSBC Bank Middle East Ltd v Sharbain (2018/19). Claim seeking enforcement of two Jordanian judgments against defendant as guarantor of the debts of Jordanian companies. Summary judgment application: [2019] EWHC  860 (Comm) (Waksman J). Issues relating to (1) fraud exception to conclusiveness of foreign judgments and (2) true construction of power of attorney. George acted for the defendant. Led by John Jarvis QC.CIMC v Schahin (2013/14). Enforcement proceedings relating to US$67m arbitration award. Issues relating to jurisdictional scope of CPR Part 71: [2014] EWHC 1742 (Comm) (Field J). Led by Andrew Fletcher QC.

George has acted in three major professional negligence actions in recent years. He frequently advises on professional liability issues and acts in claims involving banks, solicitors, broker and surveyors. Notable and recent cases include:

Financial markets

SKAT v Solo Capital Partners (since October 2018): £70m claim for negligent misstatement against FCA regulated entity (ED&F Man) in respect of contents of “Tax Vouchers” provided in support of applications by US pension plans to recover withholding tax from Danish tax authority. George acts for ED&F Man. Led by Ali Malek QC and Matthew Hardwick QC.

Sun Capital v Hammonds (2013-2015). £20m damages claim by private equity investment fund against solicitors arising out of allegedly negligent advice as to level of fine likely to be levied by EC for participation in cartel in breach of competition law. 2 week Commercial Court trial in March 2015 before Phillips J settled after evidence. Led by Cyril Kinsky QC.

RPL v McCarthy Tétrault (2011 – 2014). £60m damages claim in respect of alleged negligence of solicitors and NOMAD in relation to due diligence and verification conducted for purposes of company's listing on AIM. 4 week trial before Morgan J in November 2014. Led by Andrew Sutcliffe QC.

Trident Trust Company v Anglo American Credit Union (2008/09). UK and US proceedings alleging misfeasance in relation to the administration of an investment scheme. George represented (allegedly negligent) trustee of investment scheme at examination pursuant to US Letters of Request. Led by Andrew Onslow QC.

Bank mis-selling

Bywaters (Leyton) Ltd v Nat West (2020/21). Issues relating to (1) alleged failure to disclose CLU/break costs (2) misrepresentation and (3) bank’s liability (post-PAG) in relation to GRG. 

Panagopoulos v Lloyds TSB (2013/14). Commercial Court claim by London property developer arising out of £23m break cost liability (1) alleging (a) advisory relationship and (b) negligent misstatement in relation to multi-callable swap and (2) seeking consequential losses in relation to missed property developments. Led by Ali Malek QC and Sophie Mallinckrodt.

Freehold Estates Ltd v RBS (2012 – 2016). Multi-million pound claim in Commercial Court relating to mis-sale of six interest rate swaps in 2007 alleging (1) negligent misstatement and (2) misrepresentation. Settled two months before 8 day trial fixed for November 2015. Instructed in successful £1m claim for basic redress in FCA review in relation to (other) time-barred swaps. Claim for consequential loss being pursued.

Valedown Ltd v Bank of Scotland (2013 – 2015). Multi-million pound Commercial Court claim relating to mis-sale of interest rate swap in May 2008. Settled after mediation, following first CMC.

Solicitors

Varden Street Ltd v Chopra (2019/20): £3m claim/counterclaim arising out of alleged negligence in conduct of mediation and drafting of Settlement Deed.

FMNL v JB Leitch (since 2020): £2m claim arising out of failure to issue proceedings against predecessor solicitor firm within limitation period in respect of alleged negligence in failing to advice on effect of provisions in lease.

Dartmouth v Payne Hicks Beach (2014). Claim relating to allegedly negligent advice as to the level of financial and capital provision to be made under Schedule 1 of the Children Act 1989.

Egan v Pannone (2013/14). Claim by husband and wife for substantial damages arising out of alleged negligence in conduct of conveyancing transaction relating to purchase of property in France. Issues relating to scope of retainer in respect of matters of French law.

Child v Lamb Brooks (2011/12). Claim by individual landowner for consequential losses (lost profit) arising out of solicitors’ failure to advise in respect of unusual clause in lease.

B Legal v Ross Solmon (2009/10). Multi-party claim for damages for breach of solicitor's undertaking.

Other professionals: surveyors; tax advisers; insurance brokers

Salhan Accountants Ltd v Williams (2016/17). Counterclaim alleging (1) negligent misrepresentation and (2) undue influence in relation to defendant’s engagement of claimant accountancy firm in response to claim for fees for VAT advice/success fee.

Lexi Holdings v Surveyor (2010). Claim against surveyor alleging negligent valuation in context of widespread fraud. Defence based in reliance on ex turpi causa doctrine. George acted for defendant surveyor. Led by Peter Ratcliffe.

Company v Broker (2009). Claim against insurance broker for breaches of duty owed pre-placement, post-placement and on renewal.

Pryce v McCartneys (2008/09). Claim against estate agent for misdescription of land in Particulars of Sale in order to recover expenses incurred in connection with prior proceedings.

George's practice routinely involves litigation and advice on company law and partnership issues (rights/duties under the Companies Act 2006, directors’ duties, unfair prejudice petitions and derivative claims). Notable cases include the following:

Directors’ duties

TMO v Yeo (since 2016). £38m claim alleging breach of sections 171 & 172 duties by directors (bad faith; improper purpose) in relation to issue of shares in order to defeat EGM resolutions. Issues relating to scope of recovery for equitable compensation under AIB v Redler. George acts for Joint Liquidators bringing claim. Led by Andrew Sutcliffe QC.

Altecnic v Benettolo (2016-2018). Commercial Court claim for equitable compensation arising out of director’s alleged misappropriation of corporate opportunities in plumbing industry in breach of statutory duty.

Unfair prejudice petitions

Re Hut Group Ltd (since 2018). Section 994 unfair prejudice petition alleging breach of fiduciary duties by directors (bad faith; improper purpose) in relation to issue of shares for purposes of diluting/disadvantaging interests of substantial minority shareholder. Successfully resisted application to strike out allegations of fraud/bad faith on grounds (1) impermissible derivative claim and (2) improperly pleaded: [2020] BCC 433. George acts for minority shareholder. Led by Paul Chaisty QC.

Re A Company (2017/18). Section 994 unfair prejudice petition alleging mismanagement of care home business by majority shareholder/director in breach of (1) shareholder agreement and (2) directors’ duties.

General meetings

Velocity Composites plc v Bridges (2019). Interim injunction application to restrain shareholder group from exercising voting rights against reappointment of existing board members of board of directors at AGM: [2019] EWHC 907 (Ch) (HHJ Keyser QC). Issues relating to true construction of shareholders’ agreement.

Smith v Butler (2011). CA 2006 s306 application by company chairman and majority shareholder for order that general meeting take place with quorum of one: [2012] 1 BCLC 444 (HHJ Behrens). Issues relating to implied authority of managing director to suspend employees. George acted for minority shareholder defendant.

Inspection of register of members

The Hut Group v Zedra Trust Company (Jersey) Limited (2017). CA 2006 s117 application for order permitting company not to comply with request from shareholder to inspect register of members (Terence Mowschenson QC: 28 November 2017 (unreported)). Issue relating to relevance of “purpose” of member in seeking to inspect register. George acted for successful respondent.

Executors of Estate v Beneficiary (2018). Advising on true construction of partnership agreement against terms of 1890 Partnership Act.

George's reported cases are:

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd [2008] 2 Lloyd’s Rep 581

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd  [2010] QB 86

Abraaj Investment Management Ltd v Bregawn Jersey Ltd; Abraaj Investment Management Ltd v Neville Tuli [2010] EWHC 630 (Comm)

Astrazeneca UK Ltd v Albemarle International Corporation [2011] EWHC 1574 (Comm)

Mann Aviation Group (Engineering) Ltd (in administration) v Longmint Aviation Ltd [2011] EWHC 2238

Smith v Butler [2012] 1 BCLC 444

Quickdraw LP v Global Live Events LLP [2012] EWHC 233 (Ch)

Mileform Ltd v Interserve Security Ltd [2012] EWHC 1987 (QB)

Mileform Ltd v Interserve Security Ltd [2013] EWHC 3386 (QB)

The Hut Group Ltd v Nobahar-Cookson [2014] EWHC 3843

Mileform Ltd v Interserve Security Ltd [2015] EWCA Civ 62

The Hut Group Ltd v Nobahar-Cookson [2016] EWCA Civ 128

TEOCO UK Ltd v Aircom Jersey 4 Ltd [2016] 4 WLUK 527

Khouj v Acropolis Capital Partners Ltd [2016] EWHC 2120 (Comm)

Hut Group Limited v Zedra Trust Co (Jersey) Ltd [2017] 11 WLUK 683

TEOCO UK Ltd v Aircom Jersey 4 Ltd  [2018] BCC 339

Arab Jordan Investment Bank plc v Sharbain [2019] EWHC 860 (Comm)

Velocity Composites plc v Bridges [2019] EWHC 907 (Ch)

Zedra Trust Company (Jersey) Ltd v The Hut Group Ltd [2019] EWHC 2191 (Comm)

Re Hut Group Ltd [2020] BCC 433

Nazar v Belco Trading Ltd [2020] EWHC 282 (Comm)

TMO Renewables v Reeves [2020] EWHC 789 (Ch)

Berkeley Square Holdings v Lancer Property Asset Management Ltd [2020] EWHC 1015 (Ch)

SKAT v Solo Capital Partners LLP [2020] EWHC 2022 (Comm)

Berkeley Square Holdings Ltd v Lancer Property Assets Management Ltd [2021] EWCA Civ 551 (Ch)

SKAT v Solo Capital Partners LLP [2021] EWHC 1222 (Comm)