Adam Cloherty KC

Areas of experience

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• Arbitration

  Adam is an experienced arbitration advocate having acted in a number of institutional and ad hoc references as well as related court applications – such as Emmott v Michael Wilson & Prs [2008] 1 Lloyd’s Rep 616, the leading Court of Appeal authority on the confidentiality of arbitration in English law.

  By definition this side of Adam’s practice is usually highly confidential, but his recent work includes:

  • A v B – acting for beneficiary of convertible notes in a $150m+ LCIA arbitration against issuer.
  • C v D – acting for a financial services advisory firm in multi-million pound ad hoc arbitration against former client.
  • E v F – acting for contractor against foreign government in massive ICC arbitration arising out of public works contract.
• Aviation

  Adam has a keen interest in aviation matters.

  Current or recent work 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 part agreement.
  • Acting for airline in dispute with engine lessor over IATA lease.

   

  Other work includes Acting for an airline in its successful breach of contract claim in relation to the terms on which it could use an airport: Jet2.com v Blackpool Airport [2011] EWHC 1529 (Comm).

• Banking and Financial Services

  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.

  Current or recent works includes:

  • RiverRock v Harnack & Morsdorf [2022] EWHC 3270 – 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 (ongoing) – acting for payment card scheme operator in claim against Visa concerning international transaction / interchange fees.
  • GI Globinvestment v XY ­ERS UK (ongoing) – acting for financial services firm defending multi-hundred million Euro s. 138D, misrepresentation and breach of fiduciary duty claims by ultra-high net worth clients
  • 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.
  • Midi France Telecom v VISA (ongoing) – acting for French corporate in dispute with payment services provider over interchange fees.
• Civil Fraud, Asset Tracing & Recovery

  Adam is a highly experienced fraud lawyer “recognised for his ability to deal with particularly complex issues in large cross-border disputes”.

  He is called to the BVI, 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, the Isle of Man and Nevis. It is said that he “knows the offshore world inside out”.

  His current or recent work includes:

  • Byers v Saudi National Bank [2022] 4 WLR 22 (CA) – leading 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 ([202] EWHC 853 (Ch)).
  • GI Globinvestment v XY ­ERS UK (ongoing) acting for principal defendants to substantial claims for unlawful means conspiracy, breach of fiduciary and dishonest assistance in connection with Luxembourg fund.
  • 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.
  • Crane Bank and ors v DFCU Bank and ors (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.
  • 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.
• Commercial Litigation

  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:

  • 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.
  • 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.
  • PPG v F& G Trading (ongoing) acting for global paints and coatings business in dispute concerning iso-tank containers.
  • X v Y (ongoing) – advising reinsurer in dispute over security and retentions provisions of agreement.
  • Midi France Telecom v VISA (ongoing) – acting for French corporate in dispute with payment services provider over interchange fees.
  • 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 important reported cases include Jet2.com v Blackpool Airport [2012] 2 All ER (Comm) 1053 – leading Curt 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.

• Company

  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 DTI before coming to the Bar and subsequently (after moving to the Bar) advised DBERR (as it became) on the Act’s implementation. Adam was also a major contributor to Blackstone’s Guide to the Companies Act 2006

  Current or recent work includes:

  • Re X Ltd (ongoing) – 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.
• Insolvency

  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 commercial contract work, which is frequently sought out in such cases.

  His current or recent work includes:

  • 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).
• Trusts, Probate & Estates

  Recognised as top-ranked practitioner (band 1), Adam’s wide and deep experience means he “very in demand” in this field and someone solicitors “go to for complicated or unusual points”. He is a general editor of International Trust Laws (looseleaf) and writes and speaks widely on trust and succession matters.

  In addition to his domestic work, 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, the Isle of Man and Nevis. It is said that he “knows the offshore world inside out”.

  Current or recent work includes:

  • X v Y (ongoing) – acting for residuary beneficiary in dispute over ownership of UK and international assets.
  • A v B – acting for major charity in multi-million pound claim for recovery of allegedly misappropriated assets.
  • Igiehon v Okunbo (ongoing) – acting for defendants to wide-ranging claims arising out of estate of wealthy Nigerian businessman.
  • 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.
  • X v Y (2022) – acting for major national charity in complex disputes over devolution of multi-million dollar estate.
  • 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.
  • Re X Trusts – acting for life tenant in complex dispute against trustees of landed estate.
  • Line Trust Corporation Ltd v W – acting for minor beneficiaries in disputes concerning substantial (nine figure) Gibraltar trust.

   

  Other important work includes 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.

Other information

• Recommendations

  Chancery: Commercial

  Chambers & Partners

  “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 Cloherty is a respected junior with a wide-ranging practice who is frequently instructed in wills, trusts and estates matters. He has established impressive expertise in cross-border funds and charities litigation, and is also known for his work handling financial services and insolvency disputes. Strengths: “Adam is really good to work with as he is good with clients and has a unique personal approach. He delivers succinct points.” (2023)

  Adam Cloherty handles disputes work related to trusts, estates and financial services. An impressed source notes: “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)

  Strengths: “He is thorough, good to work with and someone who turns things around quickly.” (2022)

  Adam Cloherty handles a wide range of matters, including insolvency and financial services cases, in addition to trusts litigation. “He is very good indeed,” according to a source, who adds that he “has that breadth of practice which is really helpful.” (2021 – High Net Worth)

  Strengths: “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.” “Well-established junior with a very broad chancery practice. 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 Cloherty 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, the Isle of Man and Gibraltar. Strengths: “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)

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

  Strengths: “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

  ‘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

  “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)

  Private Client: Trusts & Probate

  Legal 500

  ‘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 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 provies 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

  Adam Cloherty comes highly recommended as “a persuasive and formidable advocate”, with sources adding, “He is very practical and liked by Judges.” (2022)

  Being recommended by Legal 500 2019 and Chambers and Partners 2019 for Commercial matters, he is labelled as: “Very bright, very easy to work with, very good indeed.” and “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.”

• Academic history
  • 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
• Professional memberships
  • Bar of the Eastern Caribbean Supreme Court
  • Chancery Bar Association (former Committee member)
  • COMBAR
  • R3 (Association of Business Recovery Professionals)
  • AIJA
• Publications/seminars:
  • 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
  • Numerous lectures and seminars for solicitors and others on various aspects of trusts, company law, insolvency, financial services and commercial litigation.
• Languages

  French