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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:
- Acting for the claimant (with Tim Lord QC) in the banking “test case” on LIBOR fixing, derivatives mis-selling and ‘GRG’ misconduct: Property Alliance Group (PAG) v Royal Bank of Scotland [2018] EWCA Civ 355 (first instance: [2016] EWHC 3342 (Ch)). A decision is awaited on whether an appeal will be heard by the Supreme Court. This long-running litigation gave rise to a number of important decisions relating to issues such as without prejudice, and 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)). The first instance trial was described by The Lawyer as one of the top 20 cases of 2016.
- Akers, Byers, Dickson and Saad Investments Company Ltd v Samba Financial Group [2017] AC 424 (CA: [2015] Ch 451) – complex and long-running litigation raising important issues concerning equitable proprietary claims and conflicts of laws (led by Mark Howard QC and David Brownbill QC). Following the Supreme Court’s judgment on an earlier part of the litigation, Birss J recently allowed the claimants to advance knowing / unconscionable receipt claims: [2017] EWHC 3106 (Ch);
- Re a Company (ongoing)– acting for a co-venturer in a complex shareholders’ dispute concerning the management of a substantial corporate group;
- Renova v Emmerson (ongoing) – Acting for professional directors and service provider in this large Russian-focussed dispute progressing in the BVI.
Other recent work includes:
- Twin Benefits v Barker; Barker v Baxendale-Walker [2017] EWHC 2718 (Ch) – acting for successful claimant in claim for third party costs liability.
- Re Olga Martin Montis; Labrouche v Frey [2016] EWHC 268 (Ch) – acting for the claimant (with Simon Taube QC and Marcus Staff) in a large and complex breach of trust claim raising numerous issues of English, Swiss and Liechtenstein law.
- 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 [2012] All ER (Comm) 1053 – leading case on “best endeavours” clauses
- Clark v WWF and ors [2011] WTLR 961 – first case conclusively establishing application of lex situs to capacity to create will
Quotes:
- “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 [2015] 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 [2014] EWHC 2982 (Ch)); Robeez v Bergeron [2013] 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 [2012] EWCA Civ 561(proper scope of IA 1986 ss. 234 and 236 concerning examination and document production); DHL GBS (UK) Ltd v Fallimento Finmatica [2009] 1 Lloyd’s Rep 430 – arbitration and public policy exception in the Judgments Regulation); Michael Wilson & Partners v Emmott [2008] 1 Lloyd’s Rep 616 – leading English authority on the confidentiality of arbitrations and exceptions; Warner and ors v Merriman White (A firm) [2008] EWHC 1129 (Ch) – acting for successful claimant in claim for breach of warranty of authority; Pettigrew v George Wimpey UK Ltd [2007] All ER (D) 379 – concerning agency contract and implication of “effective cause” term.