XXIV Old Buildings
11, rue du Général-Dufour
CH - 1204, Geneva
Tel: +41 (0)22 322 2500
Fax: +41 (0)22 322 2515
XXIV Old Buildings
London WC2A 3UP, UK
Tel: +44 (0)20 7691 2424
Fax: +44 (0)870 460 2178
Clerks 020 7691 2424
Adam is an all-rounder: he has a broad commercial chancery practice specialising in most areas of Chambers’ work, with a particular focus on trusts/estates, company/insolvency, financial services and commercial dispute resolution. He is equally happy working as sole counsel or as part of a counsel team (and often works with leaders out of chambers). Frequently instructed to appear against more senior opponents (including silks), Adam has for some years been recommended in all the leading directories including Chambers & Partners, Legal 500, Chambers Global, Who’s Who Legal and CityWealth Leaders List.
Adam’s current work includes:
Akers, Byers, Dickson and Saad Investments Company Ltd v Samba Financial Group – a large IA 1986 s. 127 claim raising interesting questions of trusts and equitable property in the conflict of laws (led by Mark Howard QC and David Brownbill QC). The team were successful in the Court of Appeal ( Ch 451) and the case will be heard by the Supreme Court in 2016;
Re Olga Martin Montis; Labrouche v Frey – acting for the claimant (led by Simon Taube QC and Marcus Staff) in a large and complex breach of trust claim raising numerous issues of English, Swiss and Liechtenstein law. The trial is scheduled for autumn 2015.
acting for the claimant (led by Tim Lord QC) in one of the most advanced LIBOR fixing cases before the English courts at the moment: Property Alliance Group (PAG) v Royal Bank of Scotland. The case has already given rise to a number of interesting interlocutory decisions relating to disclosure and privilege in the context of financial services regulatory investigations ( EWHC 1557 (Ch),  EWHC 321 and 322 (Ch),  EWHC 4308 (Ch)) and is due to be tried in May 2016. The case has been described by The Lawyer as one of the top 20 cases of 2016.
His recent work includes:
Vendort Traders Inc v Evrostroy Grupp LLC (2014, Eastern Caribbean Court of Appeal) (BVIHCVAP2012/0041) – case concerning scope and effect of BVI Arbitration Ordinance enforcement provisions for foreign non-Convention awards. The matter will be heard in the Privy Council in 2016.
Connah v Pizarro Company Ltd (2013, Nevis High Court) (NEVHCV2013/0015) – acting for successful claimant in hostile application for removal of trustees and protector of substantial Nevis trust
Slutsker v Haron Investments (2013) ITELR 257 – ground-breaking case concerning lex situs rule and choice of law for matrimonial property
Jet2.com v Blackpool Airport  All ER (Comm) 1053 – leading case on “best endeavours” clauses
- "He's extraordinarily intelligent, extremely responsive, and someone with a very wide range of knowledge" (Chambers Global 2016: Offshore)
- "He is certainly very strong on the technical side" (Chambers & Partners 2016: Commercial Chancery)
- "He is good commercially and always gives a sensible take on what is achievable" (Chambers & Partners 2016: Traditional Chancery)
- "He is very bright and east to work with. A hard-working junior" (Chambers & Partners 2016: Offshore)
“Demonstrates strength in both traditional and commercial chancery work. He regularly appears in both domestic and offshore cases… ‘Has an ability beyond his years of experience’.” (Chambers & Partners 2015: Commercial Chancery)
“Called to the Bar in both the Eastern Caribbean and the Cayman Islands, but also an active participant in cases heard in the Channel Islands and the Isle of Man. His areas of expertise include commercial litigation, trusts and banking and financial services matters.” (Chambers & Partners 2015: Offshore)
“A real rising star.” “Very punchy, clear and tough-minded” (Chambers & Partners 2014)
“He is excellent value for money and knows the offshore world inside out” (Chambers & Partners 2014 and Chambers Global 2014)
“He is approachable, very bright and has a first-rate legal brain.” “A robust commercial and traditional chancery practice, and is a familiar face in the courts of offshore jurisdictions.” “He has an ability beyond his years of experience.” (Chambers & Partners 2014)
Adam's other reported cases include:
Engine Developments Ltd v Lotus Cars - concerning claim for breach of engine design and manufacture contract: interlocutory decision at  All ER (D) 47; Freely v Winston and ors (2014) – acting for successful beneficiaries in claim for Schmidt v Rosewood disclosure against PR; Oraki and anor v Bramston and anor– defending IPs against negligence and s. 304 claims by former bankrupts (interlocutory decisions at  EWHC 2982 (Ch)); Robeez v Bergeron  ILPr 41 – oral jurisdiction agreement and Article 23 of the Jurisdiction/Judgments Regulation; Re Westminster Oil Ltd (2012, Eastern Caribbean Court of Appeal) (HCVAP 2009/004) – first case establishing application of Duomatic principle in BVI; Whitehouse and anor v Ehrentru and anor  EWCA Civ 561(proper scope of IA 1986 ss. 234 and 236 concerning examination and document production); Clark v WWF and ors  WTLR 961 – first case conclusively establishing application of lex situs to capacity to create will; DHL GBS (UK) Ltd v Fallimento Finmatica  1 Lloyd’s Rep 430 – arbitration and public policy exception in the Judgments Regulation); Michael Wilson & Partners v Emmott  1 Lloyd’s Rep 616 – leading English authority on the confidentiality of arbitrations and exceptions; Warner and ors v Merriman White (A firm)  EWHC 1129 (Ch) – acting for successful claimant in claim for breach of warranty of authority; Pettigrew v George Wimpey UK Ltd  All ER (D) 379 – concerning agency contract and implication of “effective cause” term.
Chambers & Partners 2016 currently recommends Adam for commercial chancery, traditional chancery and offshore work and Chambers Global 2016 recommends him for Offshore work.
Adam is also recommended in Who's Who Legal 2016 for private client work and in the CityWealth Leaders List (as a leading barrister for contentious trusts).
- M.A. Law, St John's College, Cambridge
- McMahon Scholar (St John's College)
- Astbury Scholar, Middle Temple
- BVC, Inns of Court School of Law
- Bar of the Eastern Caribbean Supreme Court
- Chancery Bar Association (former Committee member)
- R3 (Association of Business Recovery Professionals)
- Co-General Editor of International Trust Laws (Jordans, loose-leaf)
- Contributor to International Trust Disputes (OUP, 2012) (Chapter 5: "Asset Protection and Insolvency")
- Contributor to Blackstone’s Guide to the Companies Act 2006 (OUP, 2007) and various lectures and seminars for law firms and others on the 2006 Act
- Member of the Editorial Board of the Journal of International Tax, Trust and Corporate Planning
- "The 'merit of simplicity': FHR v Mankarious"  JITCP 121
- "The Rule in Pitt v Holt?" (2011) 127 Law Quarterly Review 499
- “Taxing Times for Hastings-Bass” (2010) 126 Law Quarterly Review 513
- "Advance to Go" (2010) PS (91) 24
- “Playing the ‘get out of jail free’ card: mistake in the law of trusts”  Jersey & Guernsey Law Review 10
- “Proving a Trust of a Shared Home”  Cambridge Law Journal 517
- “Knowledge, Attribution and Fraudulent Trading” (2006) 122 Law Quarterly Review 25
- “Proving a Beneficial Joint Tenancy”  Cambridge Law Journal 496
- “Directors’ Duties of Disclosure”  Journal of Business Law 252
- “Heresies and Human Rights”  Cambridge Law Journal 558
- Numerous lectures and seminars for solicitors and others on various aspects of trusts, company law, insolvency, financial services and commercial litigation.
VAT number: 919865667
Registered name: Adam John Cloherty