XXIV Old Buildings - Leading Commercial / Chancery Barristers
+44 (0)20 7691 2424
adam.cloherty@xxiv.co.uk
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“Extraordinarily intelligent [and] extremely responsive”, Adam has a broad commercial chancery practice acting in and advising on commercial and private wealth disputes both at home and abroad. He is “a top-notch advocate”, “great on his feet and on paper”, who “impresses sources with his courtroom advocacy skills”. Adam’s cross-disciplinary approach across Chambers’ main fields of practice means his commercial nous is frequently brought to bear in the private wealth sphere, while his deep knowledge of equitable, trust and corporate principles is widely sought out in commercial matters.

Described as “outstanding” and “an absolute star” with “a wealth of experience”, Adam’s work on the commercial side includes civil fraud, financial services, aviation, corporate, insolvency and contract disputes, both in court and arbitration.

“Very clever and much sought after” and a “persuasive and formidable advocate” with a “thriving reputation in the market”, Adam’s work on the chancery side involves advising on, and disputes involving, complex and high value trust and corporate structures and estates.

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Much of Adam’s work is international in nature – whether representing overseas clients in litigation in England or in arbitration, appearing in courts abroad or co-ordinating multi-jurisdictional matters. He is “recognised for his ability to deal with particularly complex issues in large cross-border disputes” and it is said that he “knows the offshore world inside out”.

Expertise

Adam is an experienced arbitration advocate having acted in a number of institutional and ad hoc references as well as related court applications.

By definition this side of Adam’s practice is usually highly confidential, but his recent experience as arbitration advocate includes:

  • A v B – acting for beneficiary of convertible notes in a $150m+ LCIA arbitration against issuer.
  • A v B – acting for a financial services advisory firm in multi-million pound ad hoc arbitration against former client.
  • A v C – acting for global hotel operator in
  • A v B – acting for claimant in high value ICC arbitration concerning consultancy agreement.
  • A v B – acting for contractor against foreign government in massive ICC arbitration arising out of public works contract.

Adam’s arbitration-related court experience includes:

  • Destin v Saipem – approach to competing / inconsistent jurisdiction and arbitration agreements
  • Disputes concerning enforcement of various arbitral awards in England and offshore jurisdictions.
  • Vendort Traders Inc v Evrostroy Grupp LLP (BVI Court of Appeal) – ability to use of foreign arbitral award as ground for winding up petition.
  • Emmott v Michael Wilson and Partners [2008] 1 Lloyd’s Rep 616, leading Court of Appeal authority on collateral use of documents and confidentiality of arbitration in English law.

Adam has a keen interest in aviation matters and is experienced in commercial claim disputes across the aviation industry.

His experience includes:

  • Acting for airline in dispute over ground handling agreement with major ground handler.
  • Walton Family Estates v GJD Services [2021] EWHC 88 (Comm) and [2021] EWHC 464 (Comm) – acting for aerodrome owner in novel and successful claim to ‘evict’ 747s, Tristars and other aircraft unlawfully parked up.
  • Acting for supplier in dispute with major aircraft manufacturer over parts agreement.
  • Acting for airline in dispute with engine lessor.
  • com v Blackpool Airport [2012] EWCA Civ 417 – acting for an airline in its successful breach of contract claim in relation to the terms on which it could use an airport. Leading English case on “best endeavours” clauses.

Adam is experienced in matters involving both the UK and foreign regulatory regimes and brings to such case his expertise in related areas, such as company law, insolvency and trusts, which is so often required.

His experience includes:

  • GI Globinvestment v XY ERS UK ([2024] EWHC 481 (Comm) and ongoing) – acting for financial services firm defending multi- hundred million Euro s. 138D, misrepresentation, breach of fiduciary duty negligence and COBs claims by ultra- high net worth clients.
  • RiverRock v Harnack & Morsdorf [2022] EWHC 3270 (Comm) – successfully defending at trial a portfolio manager accused of breaching FSMA and FCA Handbook provisions. The case also contains useful guidance on the concept of a “material” breach of contract.
  • MFTEL SARL v Visa Europe [2023] EWHC 1336 – acting for payment card scheme operator in claim against Visa concerning international transaction / interchange fees.
  • Lyndale v Thames River Management – acting for financial advisory business defending claims for alleged misrepresentation and negligence in connection with substantial capital raising transaction.
  • Acting for large CFD provider in dispute with client over close out of trading positions.
  • Acting for the claimant in the “test case” on liability for LIBOR rigging, derivatives mis-selling and restructuring misconduct: Property Alliance Group v Royal Bank of Scotland [2018] 1 WLR 3529 (CA). That litigation gave rise to a number of important decisions relating to issues such as without prejudice, legal advice and litigation privilege, particularly in the context of financial services regulatory investigations (see e.g. [2016] 1 WLR 361; [2016] 1 WLR 992; [2016] 4 WLR 3); the approach to transfer of Financial List claims ([2016] 1 WLR 2783); and other novel case management issues (e.g. [2014] EWHC 4308 (Ch), [2015] EWHC 321 (Ch), [2015] EWHC 322 (Ch))[2015] EWHC 2635 (Ch), [2015] EWHC 3341 (Ch)).
  • Acting for large number of companies in dispute over funds frozen by Bermudan bank and Bermuda Monetary Authority.
  • Acting for investment firm in series of disputes with investors in alternative investment product.

Adam is a highly experienced fraud lawyer “recognised for his ability to deal with particularly complex issues in large cross-border disputes”, while his deep knowledge of offshore trust and corporate structures is often sought out in asset recovery actions.

Recent experience includes:

  • GI Globinvestment v XY UK ([2024] EWHC 481 (Comm) and ongoing) – a complex multi-million euro investment fraud claim brough by high profile claimants and involving allegations of conspiracy, breach of fiduciary duty and dishonest assistance.
  • Destin v Saipem – acting for claimant claims of fraudulent misrepresentation arising out of the allegedly deceptive compromise of liabilities under multi-million dollar oil and gas projects.
  • Crane Bank v DFCU Bank ([2022] EWHC 1121 (Comm) and ongoing) – acting for development finance arm of Norwegian government in conspiracy claim arising out of alleged breach of fiduciary and other duties by the central Bank of Uganda.
  • Acting for professional services firm defending claims of fraudulent trading and dishonest assistance in connection with audit work.
  • Nanji v Lullaby – acting for claimant in equitable proprietary claim to recover holding company improperly transferred to offshore trust.
  • Byers v Saudi National Bank [2022] 4 WLR 22 (CA) – Court of Appeal decision on the juridical basis of liability for knowing receipt. Earlier parts of this complex litigation involved important decisions on e.g. the proper approach to debarral orders ([2021] EWHC 2411 (Ch) and [2020] EWHC 1006 (Ch)) and impact of foreign law obligations on disclosure requirements ([2020] EWHC 853 (Ch)).
  • Briefline Assets Ltd v Falin (BVIHCCOM2020/0223) – acting for claimant in proceedings concerning alleged corporate raiding of BVI-controlled corporate group.
  • Kazakhstan Kagazy v Martin – acting for former CEO defending multi-million dollar claim for knowing receipt.
  • Terre Neuve v Yewdale [2020] EWHC 772 (comm) – acting for senior bank executive defending claims of accessory liability for money laundering.
  • Tsareva v Ananyev [2019] EWHC 2414 (Comm) – acting for a group of investors in unlawful means conspiracy claim arising out of failed Russian bank.

Recognised as a leader in this field by the major legal directories, and described as “very punchy, clear and tough-minded”, Adam is widely experienced in commercial disputes, being sought out for (among other things) his ability “to digest volumes of contractual and procedural documentation quickly in order to produce clear, insightful and practical advice”.

Current or recent work includes:

  • GI Globinvestment v XY UK ([2024] EWHC 481 (Comm) and ongoing) – complex multi-million euro alleged investment fraud claim brought by high profile claimants and involving allegations of conspiracy, breach of fiduciary duty and dishonest assistance.
  • Acting for an American telecoms business in dispute with its UK telephony and internet services provider.
  • RiverRock European Capital Partners v Harnack and Morsdorf [2022] EWHC 3270 (Comm) – successfully defending at trial a portfolio manager accused of breaching FSMA and FCA Handbook provisions. The case also contains useful guidance on the concept of a “material” breach of contract.
  • X v Y – acting for a major pharmaceutical company in dispute with English distributor, including enforcement of non-disparagement provisions.
  • Perrucci v Orlean Invest Holding Ltd ([2022] EWHC 2038 (Comm)) – acting for consultant in claim against oil and gas logistics company for breach of consultancy agreement.
  • Midi France Telecom v VISA ([2023] EWHC 1336) – acting for French corporate in dispute with payment services provider over interchange fees.
  • Acting for substantial landowner in dispute over development project consultancy agreement.
  • Byers v Saudi National Bank – acting for claimant in substantial claim to recover value of misappropriated substantial shareholdings.
  • CHEP Equipment Pooling v ITS [2021] EWHC 2485 (Comm) – acting for defendant in successful jurisdiction challenge to unlawful means conspiracy, breach of fiduciary duty and dishonest assistance claim.
  • Walton Family Estates v GJD Services [2021] EWHC 88 (Comm) and [2021] EWHC 464 (Comm) – acting for aerodrome owner in successful claim to ‘evict’ 747s, Tristars and other aircraft. Novel decision on meaning of “bailment”.
  • Advinia Care Homes v Bupa Care Homes [2020] EWHC 1563 (Ch) – acting for international healthcare group Bupa in multi-million pound dispute arising from takeover care homes businesses by another healthcare provider.

Other reported cases include Jet2.com v Blackpool Airport [2012] 2 All ER (Comm) 1053 – leading Court of Appeal decision on “best endeavours” clauses; DHL GBS (UK) Ltd v Fallimento Finmatica [2009] 1 Lloyd’s Rep 430 – arbitration and public policy exception in the Judgments Regulation; and Michael Wilson & Partners v Emmott [2008] 1 Lloyd’s Rep 616 – leading English authority on the confidentiality of arbitrations and exceptions.

Adam is an experienced adviser and advocate on corporate matters both domestically and offshore.

He is well-versed in the Companies Act 2006, having worked on this major piece of legislation at the (then) DTI before coming to the Bar and subsequently advising DBERR (as it became) on the Act’s implementation. Adam was also a major contributor to Blackstone’s Guide to the Companies Act 2006.

Recent work includes:

  • Various advice on share buyback transactions, distributions, and pre-emption rights.
  • Re X Ltd– acting for shareholder and director in disputes arising out of his removal and ‘confiscation’ of shares.
  • Briefline Assets Ltd v Falin (BVIHCCOM2020/0223) – acting for claimant in dispute over alleged breach of stock lending agreement.
  • Re X Ltd (ongoing) – advising former directors on substantial claims for breach of fiduciary duty and negligence.
  • International MR Pty Ltd v Bonafide Holdings Inc (2021). Acting for claimant shareholder in multi-million dollar claim for unfair prejudice, misappropriation and diversion of corporate opportunities.
  • Re X Ltd (2022) – acting for shareholder in multi-million pound claim to recover misappropriations and improper / unlawful distributions.

Adam has wide experience of both personal and corporate insolvency generally, working for both office-holders and others. Crucially, he offers expertise in related areas, such as company, trust, equitable proprietary claims, and aviation and commercial contract disputes, which is frequently sought out in such cases.

His experience includes:

  • Advising on the enforcement of US Judgments obtained by a Chapter 7 Trustee in Bankruptcy in Gibraltar.
  • Advising in relation to potentially insolvent substantial trust and estate.
  • An application to restrain the presentation of a winding-up petition of a BVI Company on jurisdictional grounds.
  • Acting for office holder in s. 423 claim to set aside ‘asset protection’ trust.
  • Saad Investment Co v JP Morgan & Awal Bank – acting for office-holders in long running English and Cayman Islands proceedings with insolvent bank over entitlement to substantial assets.
  • Akers v Samba Financial Group [2017] AC 424 – leading Supreme Court authority on scope of s.127 IA 1986 (voidable dispositions).
  • Oraki v Bramston [2014] BPIR 1374 – acting for office-holder defending negligence claims by bankrupt.

Adam has long been recognised by the major legal directories for the breadth and depth of his work offshore in his fields of practice. Adam is called to the BVI Bar, has been called ad hoc to the Bars of the Cayman Islands and Gibraltar and has extensive experience of work in Jersey, Guernsey, The Bahamas, Bermuda, Hong Kong, the Isle of Man and Nevis.

Details of some of Adam’s offshore work cases appear in the dropdowns above and below. It is said that he “knows the offshore world inside out” and that “Adam is an excellent pair of hands and supports well with advice on difficult matters”.

Adam’s wide and deep experience in this field means he “very in demand” and someone solicitors “go to for complicated or unusual points”. Adam is top ranked in the field by Chambers and Partners, Legal 500, Who’s Who Legal and Citywealth, is a general editor of International Trust Laws (looseleaf) and writes and speaks widely on trust and estate matters internationally.

Clients comment that “Adam is incredibly talented. He is thoughtful, careful and methodical, and his advice is always rigorous and reliable”. He represents trustees and other office holders and UHNW clients in private wealth disputes both onshore and offshore, with clients particularly seeking out his commercial acumen, expertise in conflicts of laws issues and strategic approach.

He is also instructed in COP proceedings in cases involving complex or substantial structures or where difficult conflicts of laws or other tricky legal issues arise.

Many of his assignments in this space are confidential but Adam’s recent experience includes:

  • Goodrich v AB [2022] EWHC 81 (Ch); [2022] WTLR 525 – acting for representative beneficiary in ground-breaking decision on the impact of ECHR rights on interpretation of trust instruments.
  • Womble Bond Dickinson (Trust Corp) v Persons Unnamed [2022] EWHC 43 (Ch); [2022] WTLR 765 – acting for corporate trustee on application for administration of complex employee benefit trust.
  • Schumacher v Clarke [2020] EWHC 3381 (Ch) and [2020] EWHC 3358 (Ch) – acting for representative beneficiary in various disputes arising out of the estate of the late Dame Zaha Hadid.
  • Advising trustees of offshore structures on issues relating to sanctions regimes (including the Russia Regulations)
  • Nanji v Lullaby – Claim concerning recovery of shareholding in a corporate group that was improperly transferred to an offshore trust structure.
  • Re X Trusts – acting for life tenant in complex dispute against trustees of landed estate.
  • Claim relating to a charity recovering valuable assets transferred to BVI and Liechtenstein trust and corporate entities.
  • X v Y (ongoing) – acting for residuary beneficiary in dispute over ownership of UK and international assets.
  • Glover v Barker [2021] 1 WLR 231 – Court of Appeal decision on approach to costs of litigation friends.
  • A v B – acting for major charity in multi-million pound claim for recovery of allegedly misappropriated corporate assets.
  • Igiehon v Okunbo – acting for defendants to wide-ranging claims arising out of estate of wealthy Nigerian businessman.
  • Barker v Confiance [2019] 4 WLR 54 and [2018] EWHC 2965 (Ch) – approach to re-opening compromise of trust proceedings previously approached by the court.
  • Re X Trusts – advising principal beneficiary on restructuring of substantial Jersey and English trusts.
  • Re X Trust – advising beneficiaries on restructuring of substantial Bermuda trust.
  • Line Trust Corporation Ltd v W – acting for minor beneficiaries in disputes concerning substantial (nine figure) Gibraltar trust.

Older cases include Labrouche v Frey [2016] EWHC 268(CH), substantial and long running breach of trust claim raising numerous issues of English, Swiss and Liechtenstein law; Slutsker v Haron Investments (2013) ITELR 257 – ground-breaking case concerning lex situs rule and choice of law for matrimonial property; and Clark v WWF and ors [2011] WTLR 961 – first case conclusively establishing application of lex situs to capacity to create will.


‘A real intellectual giant of the chancery Bar’ (Legal 500, 2025)

Chancery: Commercial

Chambers & Partners

‘An extremely good advocate, who is really good to have in difficult situations as he is happy to throw punches and doesn’t shy away from the fight’ (2025)

‘Very thorough and a man who produces impressive written work.’ (2023)

‘He is confident, able and technically brilliant.’ (2022 – UK and Global)

‘Very bright, responsive and user-friendly.’ (2021 – UK and Global)

Chancery: Traditional

Chambers & Partners

‘Adam gives quick, practical advice and is charming to deal with.’ ‘A fine lawyer and a tough negotiator, who is fantastic with the client. When we used him he was turning round work at weekends and his advocacy was excellent.’ ‘Adam is brilliantly clever. He’s a very effective advocate, who makes points very well in front of judges.’ (2025)

‘Adam is really good to work with as he is good with clients and has a unique personal approach. He delivers succinct points.’ (2023)

‘He is really good to work with, he is good with clients and has a unique personal approach. He delivers succinct points that encapsulate a dilemma for clients.’ (2022 – High Net Worth)

‘He is thorough, good to work with and someone who turns things around quickly.’ (2022)

‘He is very good indeed’; ‘has that breadth of practice which is really helpful.’ (2021 – High Net Worth)

‘Someone I would go to for complicated or unusual points. Someone for the niche points.’ ‘He has a very good way about him, he is very easy to work with and he provides opinions which are straightforward and easy to understand.’ Cloherty’s broad chancery practice includes financial services and insolvency disputes, as well as trusts cases.’ (2021)

‘Very clever and much sought after, he is very in demand and certainly someone who has a thriving reputation in the market.’ He has a rapidly growing reputation for his work relating to international trusts, funds and charity litigation. Cloherty often appears in courts in a variety of offshore jurisdictions and is recognised for his ability to deal with particularly complex issues in large cross-border disputes.’ ‘He is super-bright, very quick and very knowledgeable on almost everything, especially cross-jurisdictional matters.’ (2019)

Offshore

Chambers & Partners

‘Adam is an excellent pair of hands and supports well with advice on difficult matters.’ (2025)

‘Adam Cloherty is excellent. He comes up with new points and is not afraid to argue them. A valuable addition to any team and has real expertise in fraud.’ (2023)

‘He is thorough, good to work with and turns things around quickly.’ ‘His company knowledge is outstanding.’ (2022 – UK and Global)

‘A very strong senior junior who provides clear and concise advice.’ (2021 – UK and Global)

‘Able to digest volumes of contractual and procedural documentation quickly in order to produce clear, insightful and practical advice.’ ‘Impresses sources with his courtroom advocacy skills, and has particular experience of BVI and Cayman Islands cases. His clients, who include beneficiaries and shareholders, benefit from his extensive trust knowledge. He has also handled matters in Jersey, Guernsey and the Isle of Man.’ ‘He’s smart and really knows his stuff.’ (2019)

Legal 500

Ranked as a top barrister. (2025)

‘Adam is a very clever barrister, as well as charming and generous.’ (2023)

‘An absolute star – practical yet thorough and very user friendly.’ (2022)

‘A good team player and a constructive thinker.’ (2021)

Commercial Dispute Resolution

Chambers & Partners

‘He is commercial and creative in his thinking.’ ‘Consistently one of the most sensible and effective performers in any large team of counsel.’ (2025)

‘Adam is an extremely capable and very user-friendly barrister.’ ‘He is very sharp-witted and very commercial.’ ‘Adam is a great tactician, who is robust and thorough, and has an exceptional knowledge of his subject matter.’ (2023)

‘He is very pleasant and user-friendly.’ (2022 – UK and Global)

‘Has a very good understanding of international law and is easy to work with.’ ‘He is just so efficient and effective.’ (2021 – UK and Global)

Legal 500

‘An outstanding junior with a wealth of experience.’ (2023)

‘An absolute star. Practical yet thorough and very user-friendly.’ (2022)

‘Top notch advocate, great on his feet and on paper – he makes well thought out, powerful submissions.’ (2021)

Commercial Litigation

Legal 500

‘Adam has excellent clarity of thought which manifests in beautifully tight and effective advocacy. He is a great team player and his ability to retain his humour even in times of significant pressure makes him a pleasure to work with.’ (2025)

Private Client: Trusts & Probate

Legal 500

‘Adam is incredibly talented. He is thoughtful, careful and methodical, and his advice is always rigorous and reliable.’ (2025)

‘Adam can distil complex arguments into clear summaries, which is helpful with clients and in the court, where he is refreshingly straightforward. He is excellent at getting to the heart of legal problems.’ (2023)

‘Adam provides clear and practical advice in conference. He is approachable and addresses questions raised in a knowledgeable way.’ (2022)

‘Never fails to impress with his incisive commentary and robust advocacy. He is a great barrister to have on one’s side in a difficult case in light of his strong and positive approach.’ (2021)

Who’s Who Legal

‘A persuasive and formidable advocates.’ ‘He is very practical and liked by Judges.’ (2022)

‘Very bright, very easy to work with, very good indeed.’ ‘Very thorough and works very well in addressing QCs’ needs and raising arguments with them.’ ‘He is very good in commercial disputes involving trusts.’ ‘Acted for the Property Alliance Group in its high-profile and precedent-setting claim against RBS, which related to Libor benchmark rigging.’

+44 (0)20 7691 2424
adam.cloherty@xxiv.co.uk
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  • 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” [2015] 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” [2010] Jersey & Guernsey Law Review 10
  • “Proving a Trust of a Shared Home” [2007] Cambridge Law Journal 517
  • “Knowledge, Attribution and Fraudulent Trading” (2006) 122 Law Quarterly Review 25
  • “Proving a Beneficial Joint Tenancy” [2006] Cambridge Law Journal 496
  • “Directors’ Duties of Disclosure” [2005] Journal of Business Law 252
  • “Heresies and Human Rights” [2005] Cambridge Law Journal 558
  • 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
  • AIJA (The International Association of Young Lawyers)
  • Bar of the Eastern Caribbean Supreme Court
  • ChBA (The Chancery Bar Association) (former Committee member)
  • COMBAR (The Commercial Bar Association)
  • R3 (Association of Business Recovery Professionals)
  • French

Business Details


VAT number:
919865667
Registered name:
Adam John Cloherty

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