33 Chancery Lane

Chris has a commercial disputes practice with experience of financial services and banking and finance disputes, insolvency (both corporate and personal), civil fraud and asset recovery, cryptocurrency, company and contract disputes. He also has costs experience including litigation funding, DBA’s, CFA’s, detailed assessment and cost related disputes. Most recently, Chris was the successful party at both first instance and in the Court of Appeal in the landmark decision Lexlaw v Zuberi [2021] EWCA Civ 16. This is the first reported decision on the enforceability of Damages Based Agreements.  

His cases often have an international and offshore dimension. Chris was involved in significant offshore litigation arising out of the liquidation of several large US insurance companies following the conviction of the ultimate beneficial owner for bribery and insurance fraud. He has also given expert evidence in proceedings before the Court of First Instance in Hong Kong concerning matters of English Civil Procedure.  

Commercial Litigation   

Chris frequently acts in substantial and complex commercial disputes relating to fraud and asset recovery, crypto-currency, company, contract and coverage related matters.   

 

Representative cases.  

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 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.  Advising Manchester City Football Club in relation to its ongoing potential liability arising out of certain claims relating to the Barry Bennell abuse litigation.  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)  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.  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 an offshore holding company in its claim to recover c$12m following its sale of all intellectual property in the PONY brand.   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.   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).   Acting for lenders in the recovery of significant sums owed (£10m) where enforcement required recovery by fixed charge receivers of unregistered land: Liddiment v Hull [2021] EWHC 3418 (Ch). 

  

Offshore Litigation.  

Chris has experience of offshore litigation having spent time working in Bermuda.  

During that time, he was involved in major insolvency, insurance coverage and shareholder disputes.   

Much of this work encompassed fraudulent activity in the United States involving, by way of example only, the now indicted Greg Lindberg and the Brockman Trust. 

Representative cases. 

Spanish Steps Holdings Ltd v Point Investments Ltd [2021] SC (Bda) 90 Com (17 November 2021)  Vision En Analisi Y Estrategia, S.A. De C. v Christopher Erwin and others [2022] SC (Bda) 62 Civ. M 

 

Banking & Finance.    

Chris frequently acts for both lenders and corporates or individuals involved in financial services and/or banking and finance disputes.   

He has extensive 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.  

In addition, Chris has significant experience of mis-selling claims including the mis-selling of derivative products and fixed rate loans.  

Representative cases.   

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 the successful Claimant in a 5-day trial to recover possession of “sale and rent back” property in circumstances where the Claimant was not authorised by the FCA to carry on sale and rent back activities (appeal pending)  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.  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.   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.  

  

Insolvency   

Chris regularly acts in insolvency matters (both corporate and personal) and has experience in claims against directors for breach of duty, wrongful and fraudulent trading, and other antecedent transaction claims.  

He has acted 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.  

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. Freezing injunction obtained against Directors who fled to Dubai after the issuing of proceedings.  Advising, together with the potential liquidators, a corporate entity on its application for a creditor’s administration order in circumstances where the creditor is the majority shareholder of the target of the administration order; and where the minority shareholder alleges that the administration order is designed to circumvent a shareholders’ dispute.  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.   Representing the trustee in bankruptcy in a claim to set aside a bankruptcy order on the basis that it was obtained by fraud. 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.   Acting for a Russian national, domiciled in Cyprus in resisting insolvency proceedings brought against him in England and Wales: Moskalev v Yanishevskiy [2021] EWHC 1575 (Ch)  

Costs   

Chris frequently provides advice on all aspects of costs litigation and has been involved with the litigation of substantial costs cases before both the High Court and Court of Appeal.   

He successfully represented the Claimant as sole Counsel in the landmark decision of the Court of Appeal in Lexlaw v Zuberi [2021] EWCA Civ 16, the first decision concerning the enforceability of damages based agreements (“DBAs”). The decision is frequently referred to as a “watershed moment” for DBAs, and saw the General Council of the Bar (represented by Nick Bacon KC) intervene in the Court of Appeal hearing in support of the Claimant’s position.  

In addition, Chris is frequently instructed to review and draft litigation funding agreements, DBAs and CFAs.  He also has significant experience of detailed assessments and related costs litigation. 

Representative cases.  

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.  Drafting damages-based agreements for a number of City law firms following the publication of the decision in Zuberi.  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: Moskalev v Yanishevskiy [2021] EWHC 1575 (Ch).  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.  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: Vision en Analisi Y Estrategia v Laureola Advisors Inc. [2022] SC (Bda) 62 Civ (12 August 2022) 

LLB (Hons), University of Birmingham;  BVC (Outstanding), College of Law.