Commercial Dispute Resolution.
Thirty-Three has a specialist set of barristers instructed in commercial disputes, with experience in the following areas:
Civil Fraud & Asset Recovery.
Contract, Company, Shareholder, Director, Joint Venture, and Partnership Disputes.
Banking & Finance.
Cryptocurrency.
Insolvency.
Conflict of laws and Jurisdiction.
Enforcement of foreign judgments and arbitral awards.
Trust disputes.
Costs.
We provide advisory and advocacy services at trials and interlocutory hearings and applications, in a variety of courts both in England and Wales, and overseas.
More widely members have experience, including at short notice obtaining world-wide freezing orders, Injunctions, Norwich Pharmacal orders, civil domestic and international asset recovery proceedings and investigations, committal applications, obtaining or defending against freezing orders, search and seizure orders, bank account freezing, forfeiture applications and disclosure orders, and letters of request to overseas jurisdictions.
Civil Fraud & Asset Recovery.
Thirty-Three offers unrivalled expertise in civil fraud and asset recovery disputes including those that arise from bribery, corruption, breach of trust and fiduciary duty, POCA and asset forfeiture. We act for individuals including HNW and UHNW, large corporates and government entities.
Members act not only in civil fraud asset recovery but also criminal fraud proceedings, and there is often interaction between civil and criminal investigations and proceedings. Victims of fraud often have the option to peruse their losses/claim in either the civil or criminal courts and we are uniquely placed to act and advise on consequences and strategies in both options.
Representative cases:
The Republic of Mozambique v. Credit Suisse International and others [2024] EWHC 1957 (Comm). US$2Billion claim brought by The Republic of Mozambique against Credit Suisse International and Others, in respect of a number of sovereign guarantees, in a case that became known as the ‘Tuna Bonds’ litigation. One of the largest trials ever to be heard before the Courts of England and Wales and featured in The Lawyer’s Top 20 cases for 2023.
Representing the successful appellant in Powis Hotels v Connell Construction [2024] EWHC (Ch): a case involving allegations of fraudulent invoicing in the course of a major construction project. The appeal judgment overturned a first instance decision to impose a payment condition on the Defendant as security for defending the claim.
Representing the joint trustees in bankruptcy in High Court proceedings, and on appeal, in various claim brought by the bankrupt to set aside his bankruptcy on the basis that it was obtained by fraud: Grewal v Chakraborth and others [2024] EWHC (Ch)
Acted in relation Skatteforvaltningen (The Danish Customs and Tax Administration) v Solo Capital Partners LLP (in special administration) and others (SKAT)
1 MDB sovereign wealth fund investigations.
Representing group of publicly listed companies defrauded by former employees and 40 other persons
Representing 100+ victim claimants in civil proceedings against 50+ defendants further to a fraudulent investment scheme.
Acting Cypriot investors in response to a claim from Mars Capital seeking to enforce debts acquired from Laiki Bank and the Cypriot government following the banking crisis in 2007. Challenge was raised as to Mars’ entitlement to enforce the debt; failing to satisfy good title with challenges to the assignment and whether it was lawful under Cypriot law
Trafalgar Multi Asset Trading Co Ltd (IN Liquidation) v CGrowth Limited & Ors [2022] EWHC 641 (Ch) - Successfully acted for a defendant company in an application by a claimant for summary judgment on a claim of bribery against 4 defendants arising on defences pleaded as part of a substantial pension fraud claim. Also obtained order by defendant to withdraw admissions
Leading in the Orb/Gerald Smith £70m Commercial Court proceedings involving 27 parties, BVI and Jersey liquidators and High Court receivers to recover the proceeds of breach of trust and fraudulently obtained property (see various interlocutory judgments - [2019] EWHC 2598 (Comm), [2020] EWHC 1280 (Comm), [2020] EWHC 2079 (Comm), [2022] EWHC 3052 (Comm) and [2022] 7 WLUK 544);
NCA v Persons Unknown and Barclays Bank (2022), 25 November (Business and Property Court, acting for bank in recovery of £51m)
Dhir v Flutter Entertainment [2021] EWHC EWHC 151 (QB) - Civil action against betting company for recovery of gambled fraud proceeds.
Liddiment v Hull [2021] EWHC 3418 (Ch) - Acting for lenders in the recovery of significant sums owed (£10m) where enforcement required recovery by fixed charge receivers of unregistered land.
A and Ors. v ML, WH (a Company) and Ors. - Claim (proprietary) relating to Middle Eastern investment fraud.
(A Charity) v PP - Fraud, conversion, personal and proprietary claims following the taking of charitable funds by a corrupt employee.
G v S - Dishonest receipt of a McLaren F1 GTR Long-tail.
IE (Europe) v NE - Fraud and conversion of company monies transferred away to the USA.
Federal Republic of Nigeria v Malabu (English High Court) - Recovery of £85m for the Federal Republic of Nigeria from a corrupt oil deal.
R v JE - Recovery proceedings involving a network of offshore SPVs, shadow directors, phoenix companies and a firm of corrupt attorneys.
R v HSB - Asset recovery proceedings following a multi-million pound cross-border fraud involving hidden assets in the UAE.
Acting for an offshore holding company in its claim to recover c$12m following its sale of all intellectual property in the PONY brand.
Acting for Kroll as fixed charge receiver and a tertiary lender seeking to recover possession of commercial assets (solar farm and agricultural land) following termination of a £10m finance facility
Campbell [2017] Lloyds Rep FC 598 (Court of Appeal - forfeiture).
Coghlan [2017] EWHC 570 (QB) (High Court committal arising out of civil recovery)
Namli [2014] EWCA Civ 411 ($7m Turkish bank civil recovery action)
Contract, Company, Shareholder, Director, Joint Venture, Trust and Partnership Disputes.
Our team acts in a wide range of both company law and partnership disputes. This includes enforcement, allegations of misfeasance, disqualification of directors, fraudulent and wrongful trading, company administrations, insolvent partnerships, minority shareholder disputes and litigation following the breakdown of a partnership.
We are also often instructed in high value and complex contract and commercial dispute claims including those relating to breach of trust and fiduciary duty. In addition, our members have experience of trust litigation which involves complex decisions, allegations of sham trusts, applications to remove the trustees and applications to set aside.
Representative cases:
NMC PLC: representing an individual banker in connection with the administration of a FTSE 100 healthcare company that collapsed after its shares were shorted by a New York hedge fund.
Microsoft Corporation v Matthew Anness Chancery Division Intellectual Property, 12 July 2023 - instructed to seek a variation of a Freezing Order to allow D to sell a property for c£2m.
Representing the joint liquidators of SP Commodities in a claim for misfeasance and to reverse other antecedent transactions; including obtaining freezing injunctions to prevent the former directors from dissipating assets pending judgment (ongoing proceedings in the Chancery Division).
Representing a subsidiary of a major Hong Kong corporation seeking the appointment of administrators over an entity in which it is the majority shareholder (ongoing proceedings in the Chancery Division).
Representing an individual seeking to enforce a Swiss judgment in England and Wales against a senior officer of Credit Suisse.
A Republic v the U Family (and Ors.) - Coordinating counsel in the multi-jurisdictional enforcement of a series of commercial and criminal judgements (over $2bn).
Fresh View Swift Properties [2023] EWHC 605 (Admin) (forfeiture of unlicensed money service business proceeds)
NCA v Petrosaudi Oil Services (Venezuela) Ltd [2022] EWHC 920 (Admin): Following a request for mutual assistance made by the US authorities in respect of the forfeiture of funds (circa $300 million) constituting an arbitral award to a Venezuelan company which had allegedly been used as a vehicle for money laundering, the court imposed a prohibition order in respect of funds held in escrow in the Court Funds Office. The requirements of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 had been met and there was a risk of dissipation if the order was not granted. The court also ordered that the funds should be held by a receiver (pursuant to Art. 141I(1) & (2) of the 2005 Order).
Defence of Liechtenstein-based fiduciaries in proceedings spanning civil, criminal and family law.
A Federal Republic v (a Bank) - $875m breach of trust claim against an international bank concerning the handling of a corrupt oil block deal.
Acted for stockbrokers in Bilta v Deutsche Bank and SVS (Commercial Court breach of trust proceedings).
Action against a bank authorising fund clearances following a hostile takeover by ousted directors.
A v F and L - Contractual dispute arising out of a joint venture between a Ukrainian sports gaming provider and a Turkish speaking regions counter-party
Company (In Receivership) v NA Receivers’ claims for monies paid away to Dubai, following litigation to recover in Dubai.
UEL v BS - Proprietary claim for misappropriated by a company finance director.
Receivers of a Cayman Islands Segregated Portfolio Company on Behalf of ALFF v RH (and 11 others) - Unlawful means conspiracy, breach of contract and duty, and dishonest assistance.
DG v 17 GSL (and Others) - Section 994 CA 2006 unfair prejudice claim on behalf of an aggrieved shareholder.
PS v X - Complex restraint proceedings (pre-charge) for a third party regarding the supply of medical materials during the COVID-19 pandemic.
HMRC v PS, THL (a Gibraltar Company) - Intervening third party corporate applicant (s.301 PoCA). Defeated allegation of Directors' corruption.
R v D (Third Party Interest) - Competing civil claim by a corporate victim asserting proprietary interest and subrogation.
HO v AGP, BG, FH (MSS) - (A Supermarket Company) Part 5 PoCA proceedings advanced on the basis of 'seemingly unorthodox' banking practices (defending).
R v Birmingham Magistrates' Court ex parte Sanghera [2017] EWHC 3323 (Admin) - Judicial review of a confiscation warrant of commitment.
Acting in a claim against a subsidiary of Sports Direct for trademark infringement following the sale by a Swiss liquidator of all the intellectual property in the SKINS brand.
Advising insurers and re-insurers in substantial on-going litigation concerning coverage issues arising out of D&O policies, claim value exceeds $40m.
Acting for a private individual in a claim brought under the unfair relationship provisions of the Consumer Credit Act 1974 in relation to the sale of c.£40,000,000.00 loan by a building society for the purchase of Heron House, Manchester (occupied by GCHQ) which, it is alleged, contained an embedded derivative product.
Acting for a number of a partners in a Doctor’s surgery in relation to the alleged mis-selling of loans to the GPs’ practice by Aviva.
Acting for two individuals seeking to recover significant sums paid under a mortgage contract which it is alleged was made in breach of the general prohibition.
Successfully obtaining a non-party costs order against the sole director of a Company which had been used as a vehicle to run a dishonest claim against an insurance company.
Banking & Finance.
Members have experience of claims made under the provisions of the Financial Services and Markets Act and the Financial Services and Markets Act 2000 (Regulated Activities) Order, including claims relating to alleged breaches of the general prohibition and claims relating to the enforceability of regulated mortgage agreements and other lending mis-selling claims including the mis-selling of derivative products and those products which contain a derivative element, such as fixed rate loans.
We advise and appear both for and against financial institutions and advising in financial disputes including cases where customers have suffered the consequences of misrepresentation and breach of lending agreements, and extensive experience of disputes affecting financial services professionals and consumers, in particular claims for breach of duty by IFAs
The team also deal with litigation involving all aspects of retail and commercial banking and have been involved in cases regarding interest rate swaps and misrepresentation. Other subject matters include cheque conversion, breach of mandate, bailment and a variety of disputes concerning the enforceability of securities, including guarantees and mortgages.
We have depth experience in a wide variety of failed funds and investments including Harlequin, Sustainable Growth Group in Cambodia, Alpha Bank, Cyprus, Unregulated Collective Investment Schemes and Ready2Rent/Ready2Invest in Croatia, Bulgaria and Montenegro.
Representative cases:
Representing Banco Santander Totta – the Portuguese Commercial Bank – defending a claim for breach of duty and mandate arising out of fraudulent transactions on a customer’s bank account. Appeal pending (the Bank is Respondent to the appeal).
Acting for multiple investors [960] in property development overseas through the Harlequin Scheme following negligent advice in the UK leading to investment in property in St Vincent and the Grenadines, Barbados, the Dominican Republic and St Lucia.
Advising an established company on the potential applicability of the FCA perimeter to the launch of a new insurance product.
Advising the Singaporean owner of shares in an English Company on its reporting requirements to the FCA following a change in control of a Company, which in turn was the person with significant control of an FCA authorised entity.
Acting for investors [38] in relation to a scam in the UK whereby they were sold parcels of land with planning permission when in fact the owner did not have title to the land, planning permission had not been obtained and in any event the plots were landlocked with no access.
Acting for investors in relation to a development in Spain against their UK lawyers who encouraged them to part with funds before having satisfied themselves the seller had good, unencumbered title when it subsequently transpired there were two undischarged mortgages against the property and the vendor being unable to satisfy those liabilities.
Acting for several hundred investors in response to a claim brought against them by Alpha Bank, Cyprus following investments in property in Cyprus. The claim included allegations of professional negligence against their professional advisers in the UK, for negligence and conflict of interest against their appointed lawyers in Cyprus and allegations of fraudulent documentation.
Advising multiple investors following negligent advice to invest in an unregulated collective investment scheme, namely property in Croatia, Bulgaria and Montenegro via Ready2Rent/Ready2Invest. The claim also included a claim against the company charged with managing and overseeing the investment.
Acting for a banker alongside his employer, a bank in Dubai and Switzerland, and solicitors, both as a firm and individually, in a 9-week trial following the claimant being duped to invest 100million euros. The claim gave rise to arguments concerning money laundering, breach of trust, dishonest assistance, professional obligations of solicitors and fiduciary duties of banks and their employees.
Claim brought by a company against RBS alleging negligent and fraudulent advice to enter into products that were neither suitable nor appropriate as defined by COBS.
Insolvency.
We have experience of insolvency matters and often act for office holders in contentious applications for administration orders; extension of administration orders and other matters relating to the insolvency liquidation of a Company’s affairs, company directors’ disqualification proceedings, BROs and winding up petitions.
The team provides advice, advocacy and drafting in the following areas of corporate insolvency including allegations of misfeasance, fraudulent and wrongful trading, company administrations, corporate and individual voluntary arrangements, voluntary and compulsory liquidations, statutory demands, insolvent partnerships, receiverships and administrative receiverships, transactions at an undervalue, substitution of petitioning creditors and supervening applications for administration orders.
Our clients include banks, lending institutions, accountants, major companies, and bond holders.
Representative cases:
Acting for the liquidator (Mazars) of a company seeking to recover c.£1m from a Company director arising out of misefeasant transactions, an overdrawn director’s loan account, and preferential transactions.
Acting for an administrator (PKF Smith Cooper) seeking a retrospective extension of an administration order following a procedural irregularity in the deemed consent procedure which had rendered an earlier presumed extension of the administration period void.
Acting for the respondents to various claims brought by a trustee in bankruptcy seeking to recover 12 properties from various family members of the bankrupt which it was alleged the bankrupt owned beneficially.
Acting for the liquidators (PKF Smith Cooper) of a large steel company in multi-jurisdictional claims brought against other members of the insolvent company’s group arising out of preferential transactions.
Moskalev v Yanishevskiy [2021] EWHC 1575 (Ch) - Acting for a Russian national, domiciled in Cyprus in resisting insolvency proceedings brought against him in England and Wales.
FCA v Gopee - Successfully acted for the Official Receiver and Liquidator of various restrained companies in seeking a variation of the defendant’s restraint order to sell properties and recover direct and indirect costs of realisation etc incurred exercising his powers under the Insolvency Act 1986. HH J Beddoe ordered that S. 426 of the Proceeds of Crime Act 2002 was no bar to the relief granted.
Crypto Currency.
We have substantial experience of crypto currency disputes which compliments chambers POCA, asset recovery, fraud and commercial offering.
Members of chambers have acted in claims as prosecuting and defence counsel, in criminal proceedings, and asset recovery proceedings in a civil context.
These matters and proceedings of both civil and criminal often interact which allows us to have a unique offering in the fields of fin-tech and digital assets particularly in relation to recovery actions.
Representative cases:
Wang Wu ("Mr Wang") -v- Tianjin Lantian Gerui Electronic Technology Co Limited [2024] EWHC 2059 (Ch) – Provisional liquidation under s.130 of the Insolvency Act in relation to $3.5 Billion Bitcoin.
Representing the successful appellant in Southgate v Graham [2024] EWHC 1692 (Ch); a cryptocurrency dispute relating to a loan given in Ethereum. The appeal judgment considers the correct date for the valuation of loss where a loan has been advanced in cryptocurrency as opposed to fiat currency.
Representing overseas individuals of foreign crypto investment fraud in UK litigation.
Acting in Civil Recovery proceedings against an exchange in an offshore Jurisdiction.
Representing the police in resisting applications by a crypto assets trading platform to set aside account freezing orders and in extant forfeiture proceedings.
Representing a HNW third party individual seeking to recover £18m in Bitcoins that are affected by restraint proceedings.
Representative action following the collapse of one of DeFi’s most significant algo-stablecoins.
Acting for the founders of the Litecoin cryptocurrency in a claim to prevent a Company registered in England and Wales from passing off the goodwill associated with the ‘Litecoin’ mark. The appeal decision has frequently been referred to as establishing a new cause of action in relation to the law of passing off: Litecoin Foundation Ltd v Inshallah Ltd [2021] EWHC 1998 (Ch).
Advising in relation to cryptocurrency money laundering case in an offshore jurisdiction.
Instructed to assist in an international co-operation in relation to cryptocurrency fraud and money laundering.
Costs.
Representative cases:
Vision en Analisi Y Estrategia v Laureola Advisors Inc. [2022] SC (Bda) 62 Civ (12 August 2022) - Representing an Isle of Mann domicile Hedge Fund before the Supreme Court of Bermuda in an effort to recover costs against a Mexican entity following a wrongfully obtained freezing order based on a judgment of the California Court.
Moskalev v Yanishevskiy [2021] EWHC 1575 (Ch) - Acting for a Russian national, domiciled in Cyprus in recovering costs following his successful opposition to insolvency proceedings brought against him in England and Wales.
Lexlaw v Zuberi [2021] EWCA Civ 16 - Successfully represented the Claimant in the landmark decision of the Court of Appeal in, the first decision concerning the enforceability of damages based agreements (“DBAs”).
Advising Manchester City Football Club on its costs position following claims brought against it by survivors of the Barry Bennell’s abuse scandal.
Advising Aviva on its position as a funder of litigation following the collapse of the main developer of a significant construction site in the centre of Cardiff.
IE (Europe) v NE - Fraud and conversion of company monies transferred away to the USA.