Harry Samuels

Harry Samuels

Call: 2020

"A superstar in the making"

Partner, Tier 1 firm in The Legal 500

Described by a partner in a Tier 1 Legal 500 firm as “a superstar in the making”, Harry has a busy practice specialising in commercial, corporate and private client disputes both domestically and offshore.

Harry appears regularly in courts of all levels, and has experience of trial advocacy, interim applications, costs proceedings and enforcement. Instructing solicitors have described him as “fluent and passionate” in court, and he has been praised for “getting on top of the detail quickly” and for having “excellent and helpful” written work.

On the private client side, Harry has extensive experience of trusts, estates and probate disputes, regularly appearing in the High Court both led and as sole counsel, acting for trustees, executors and beneficiaries alike in complex and high-value litigation. Harry’s recent work includes:

  • As sole counsel, acting for a professional trustee in the High Court on a blessing application where there were possible third-party claims to the trust assets. Harry successfully secured an order permitting the trustee to distribute notwithstanding that possible claim (Re Doyle Family Protection Trust (unreported, 5 June 2023)).
  • Acting as sole counsel on multiple challenges to wills on the basis of testamentary incapacity, want of knowledge and approval, undue influence and fraudulent calumny. Harry also has experience both on the claimant and defendant side in claims under the Inheritance (Family and Dependants) Act 1975.
  • Advising trustees in the Cayman Islands (led by Elspeth Talbot Rice KC and Andrew Holden) on an application for directions involving complex issues of third-party rights and the Guardian Trust principle (Re X and Y Trusts, unreported, 29 November 2022)
  • As sole counsel, advising the beneficiary of an elaborate structure of family trusts on the trustee’s disclosure duties, and on related issues of rescission for equitable mistake, misrepresentation and undue influence potentially worth in the tens of millions of pounds.

On the commercial side, Harry is regularly instructed on commercial disputes across all sectors, and is rapidly developing a specialism in civil fraud claims. As a supervisor in company law at the University of Cambridge, and as an editor of the forthcoming edition of a major company law practitioners’ text, Harry is also particularly comfortable with shareholder and corporate disputes..

Examples of his recent commercial cases include:

  • Acting in both the Court of Appeal and the High Court (led by Steven Reed) for the respondents to a complex multi-million pound derivative action in the High Court. The claims involve alleged breaches of directors’ duties involving diversions of opportunity and conflicts of interest in respect of property developments (Humphrey v Bennett).
  • As sole counsel, successfully resisting applications for delivery-up and freezing orders in the context of multi-million pound fraud proceedings in the High Court, and making a summary judgment application which was met with unconditional discontinuance by the respondent (DGL Group Ltd v R&A Sales Ltd & Ors).
  • Acting for defendants to a complex, multi-jurisdictional derivative claim said to be worth over €100million. The claims involve allegations of breach of contract and breach of foreign law quasi-fiduciary duties in relation to a Polish investment fund (Durnont Enterprises Ltd v M-JWK Management).
  • Advising (led by Edward Cumming KC) on a major corporate transaction, involving advice on the proper operation of the subject company’s articles of association and elements of the law of share transfer and transmission.
  • Acting before a London-seated LCIA tribunal (led by Bajul Shah and Steven Reed) in a complex shipping and scrap metal contract dispute worth in the region of USD $50million. The case involves significant allegations of fraud and a complex shareholder dispute.
  • Acting (led by Elspeth Talbot Rice KC and Andrew Holden) for a multi-million pound judgment creditor seeking to enforce an English judgment. The claims involve allegations of sham agreements, transactions defrauding creditors under s. 423 of the Insolvency Act 1986, and significant procedural applications (Yuntian Leasing DAC v Dream Aircraft Holdings Ltd).

Harry welcomes instructions in any of his areas of expertise, and is comfortable being instructed either as part of a team or as sole counsel.

 

Areas of experience

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  • Art, Cultural Property & Media

    Harry has assisted with a claim involving the investment in and sale of a painting by a world-renowned artist. The claim touched on issues of ownership, civil fraud and asset recovery. He is actively looking to build his art and media law practice and would welcome instructions either as sole counsel or as part of a team.

  • Aviation

    Harry has a wide range of experience of aviation disputes, including:

    • Advising the claimant airline on issues of disclosure and privilege in a multi-million pound claim relating to damage to aircraft (Qatar Airways QCSC v Airbus SAS)
    • Acting for an aircraft repairs company in relation to a faulty gearbox and damages occasioned by the resultant grounding of the aircraft.
    • Advising a defendant airline about the assignment of claims under the Montreal Convention.
    • Acting for an airline defending a claim under EU Regulation 261/2004 for flight delay.
  • Banking and Financial Services

    Harry has experience of:

    • Acting (led by Edward Cumming KC) for a class of claimants bringing proceedings under ss. 90 and 90A of the Financial Services and Markets Act 2000 in relation to a multi-billion pound company.
    • Advising (led by Oliver Assersohn) on questions of jurisdiction in a claim under the Financial Services and Markets Act 2000.
    • Assisting on a claim involving interest rate swaps and the manipulation of LIBOR.
    • Assisting on a claim involving the fraudulent mis-selling of financial services.

     

  • Civil Fraud, Asset Tracing & Recovery

    Harry is rapidly establishing a reputation as a go-to junior for civil fraud and asset tracing cases. He has been involved in some of the most high-value fraud claims recently before the High Court, and is also developing a strong sole practice in this field.

    • Acting (led by Elspeth Talbot Rice KC and Andrew Holden) for a multi-million pound judgment creditor seeking to enforce. The claims involve allegations of sham agreements, transactions defrauding creditors under s. 423 of the Insolvency Act 1986, and significant procedural applications, often with a multi-jurisdictional element (Yuntian Leasing DAC v Dream Aircraft Holdings Ltd).
    • Acting in both the Court of Appeal and the High Court (led by Steven Reed) for the respondents to a multi-million pound derivative claim in the High Court. The claims involve allegations of breaches of directors’ duties involving diversions of opportunity and conflicts of interest (Humphrey v Bennett).
    • Acting before a London-seated LCIA tribunal (led by Bajul Shah and Steven Reed) in a complex shipping and scrap metal contract dispute worth in the region of USD $50million. The case also involves significant allegations of fraud and a complex shareholder dispute.
    • Acting for the defendant to a multi-billion dollar arbitration challenge before the High Court, where the grounds for the challenge included serious allegations of fraud and corruption (Federal Republic of Nigeria v Process and Industrial Developments Ltd).
    • As sole counsel, acting for the claimant beneficiaries of a family trust in a complex claim against the trustees, involving allegations of fraud and breach of trust spanning two decades (Halai v Patel)
    • As sole counsel, successfully resisting applications for delivery-up and freezing orders in the context of multi-million pound fraud proceedings in the High Court, and making a summary judgment application which was met with unconditional discontinuance by the respondent (DGL Group Ltd v R&A Sales Ltd & Ors).
    • Acting for a defendant to a complex derivative claim said to be worth over €100million, involving allegations of fraud and unlawful conspiracy in relation to the alleged expropriation of investment certificates (Durnont Enterprises Ltd v M-JWK Management).
    • Assisting Erin Hitchens with a three-week trial involving claims of fraud and the subsequent tracing of nearly $500million (Akhmedova v Akhmedov [2021] EWHC 545 (Fam)) (during pupillage).
  • Commercial Litigation

    Harry has a rapidly developing commercial disputes practice.

    In addition to the cases listed below, Harry has a particular interest in ESG-related litigation, and has recently written (with Edward Cumming KC) in the Journal of International Banking and Financial Law about the prospect of commercial litigation arising from new environmental disclosure obligations (Seeing the world differently: litigation arising from ESG-related disclosure (2022) 3 JIBFL 150).

    Examples of his experience include:

    • Acting in both the Court of Appeal and the High Court (led by Steven Reed) for the respondents to a complex multi-million pound derivative action in the High Court. The claims involve allegations of breaches of directors’ duties involving diversions of opportunity and conflicts of interest (Humphrey v Bennett).
    • As sole counsel, successfully resisting applications for delivery-up and freezing orders in the context of multi-million pound fraud proceedings in the High Court (DGL Group Ltd v R&A Sales Ltd & Ors).
    • Acting for defendants to a complex, multi-jurisdictional derivative claim said to be worth over €100million. The claims involve allegations of breach of contract and breach of foreign law quasi-fiduciary duties in relation to a Polish investment fund (Durnont Enterprises Ltd v M-JWK Management).
    • Advising (led by Edward Cumming KC) on a major corporate transaction, involving advice on the proper operation of the subject company’s articles of association and elements of the law of share transfer and transmission.
    • Acting before a London-seated LCIA tribunal (led by Bajul Shah and Steven Reed) in a complex shipping and scrap metal contract dispute worth in the region of USD $50million. The case involves significant allegations of fraud and a complex shareholder dispute.
    • Acting (led by Elspeth Talbot Rice KC and Andrew Holden) for a multi-million pound judgment creditor seeking to enforce an English judgment. The claims involve allegations of sham agreements, transactions defrauding creditors under s. 423 of the Insolvency Act 1986, and significant procedural applications (Yuntian Leasing DAC v Dream Aircraft Holdings Ltd).
    • Acting for the defendant to a multi-billion dollar arbitration challenge before the High Court, where the grounds for the challenge include serious allegations of fraud and corruption (Federal Republic of Nigeria v Process and Industrial Developments Ltd).
    • Acting (led by Edward Cumming KC) for a class of claimants in respect of securities litigation under ss. 90 and 90A of the Financial Services and Markets Act 2000.
    • Advising (led by Edward Cumming KC) on potential claims in relation to bribery, secret commissions and half-secret commissions.
    • Advising a claimant airline on issues of disclosure and privilege in a multi-million pound claim relating to damage to aircraft (Qatar Airways QCSC v Airbus SAS)
    • As sole counsel, acting for a company seeking damages for misrepresentation and breach of contract related to improperly advertised hospitality at the FIFA World Cup in Qatar
    • As sole counsel, acting at trial for defendants accused of failing to pay building invoices (AB Key LLP v Silverdale)
    • Acting (led by Robert Levy KC) for dissenting shareholders in complex share value appraisal proceedings in the Cayman Islands.

     

  • Company

    Harry has a particular expertise in company law. He teaches company law at the University of Cambridge, has recently published a journal article on shareholder remedies in the environmental context, and is a contributing editor to the general company volumes of Atkin’s Court Forms.

    Harry has experience of the following:

    • Acting in both the Court of Appeal and the High Court (led by Steven Reed) for the respondents to a complex multi-million pound derivative action in the High Court. The claims involve allegations of breaches of directors’ duties involving diversions of opportunity and conflicts of interest (Humphrey v Bennett).
    • Acting for defendants to a complex, multi-jurisdictional derivative claim said to be worth over €100million. The claims involve allegations of breach of contract and breach of foreign law quasi-fiduciary duties in relation to a Polish investment fund (Durnont Enterprises Ltd v M-JWK Management).
    • Acting before a London-seated LCIA tribunal (led by Bajul Shah and Steven Reed) in a complex shipping and scrap metal contract dispute worth in the region of USD $50million. The case involves significant allegations of fraud and a complex shareholder dispute.
    • Advising (led by Edward Cumming KC) on a corporate deal, including difficult issues surrounding the proper ownership and registration of shares following the intestacy of a member. The case touched on pre-emption rights and the rights of personal representatives under s. 773 of the Companies Act 2006.
    • As sole counsel, advising on unfair prejudice proceedings involving a multi-million dollar company in the High Court of Singapore.
    • Acting, as sole counsel, on several winding-up petitions in the High Court, and related insolvency matters (e.g. setting aside statutory demands, and advising on strategies to resist intimated winding-up proceedings).
    • Acting, as sole counsel, to rectify the register of companies under s. 1096 of the Companies Act 2006.

     

  • Court of Protection

    Harry has experience of:

    • Acting for the children of a protected party applying to the court for a statutory will.
    • Dealing with complex Court of Protection proceedings in the context of a wider dispute in the County Court concerning the alleged misappropriation of property.
    • Assisting in advising on a potential challenge to a lasting power of attorney on the grounds of lack of capacity (during pupillage).
    • Assisting in advising on the merits of making an application for the appointment of a deputy (during pupillage).
    • Assisting in drafting an order in an offshore jurisdiction replicating the safeguards and supervision present in England and Wales over deputies (during pupillage).
  • Insolvency

    Harry has a wide range of experience of insolvency work, including:

    • Acting (led by Elspeth Talbot Rice KC and Andrew Holden) for a multi-million pound judgment creditor seeking to enforce an English judgment. One aspect of the enforcement proceedings is a claim under s. 423 of the Insolvency Act 1986 (Yuntian Leasing DAC v Dream Aircraft Holdings Ltd).
    • Acting, as sole counsel, on several winding-up petitions in the High Court, and related insolvency matters (e.g. setting aside statutory demands, and advising on strategies to resist intimated winding-up proceedings).
    • Acting, as sole counsel, on numerous bankruptcy petitions, both on the creditor and the debtor side.
    • Acting, as sole counsel, for a trustee in bankruptcy seeking an order for sale of a bankrupt’s property under section 335A of the Insolvency Act 1986.
  • International & Offshore

    Harry has wide experience of offshore work and international law. He has assisted in drafting and advising on claims and defences in all the major offshore centres, including the BVI, the Cayman Islands, The Bahamas and the Channel Islands.

    • Advising trustees in the Cayman Islands (led by Elspeth Talbot Rice KC and Andrew Holden) on an application for directions involving complex issues of third-party rights and the Guardian Trust principle (Re X and Y Trusts, unreported, 29 November 2022)
    • Advising a trustee in Guernsey (led by Elspeth Talbot Rice KC and Andrew Holden) in respect of the proper administration of trust property in the context of illiquidity issues and allegations of fraud against the trust settlor.
    • Acting for dissenting shareholders in a complex share value appraisal proceedings in the Cayman Islands.
    • Acting for a professional trustee in the Cayman Islands on a confidentiality application and an application to retire.
    • Acting as part of a large team of counsel on a substantial commercial dispute, involving allegations of fraudulent misrepresentation, between an investment bank and a high net worth client.
    • Advising, as sole counsel, on unfair prejudice proceedings involving a multi-million dollar company in the High Court of Singapore.

     

    Furthermore, as a pupil, Harry gained experience of the following:

    • Advising Guernsey trustees on prospects of successfully defending against a restitution and breach of contract claim against the trust.
    • Advising trustees on their regulatory obligations and fiduciary duties following a securities investigation into the settlors.
    • Assisting in responding to an appeal by a Cayman company against a disclosure order.
    • Assisting with an application to remove trustees in The Bahamas.
    • Helping draft a claim to enforce a Russian judgment in the British Virgin Islands.
    • Defending a domestic claim by contesting jurisdiction under the Brussels Recast regulation.
    • An application to extend time and amend statements of case in the Eastern Caribbean Supreme Court arising from claims of unfair prejudice and misappropriation of funds.
    • Advising solicitors in an offshore jurisdiction about the safeguards present in English law as regards the appointment of deputies.
    • A claim in the Cayman Islands concerning the validity of a share option agreement.
    • A claim in the Turks and Caicos Islands concerning the replacement of trustees of a family trust.
  • Mediation

    Harry has experience of mediation concerning trusts, recently acting for beneficiaries at a one-day mediation of a £1m+ claim.

    During pupillage, Harry also gained experience of mediation in a probate context, assisting in the mediation of a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975.

  • Real Estate Litigation

    Harry teaches land law at the University of Cambridge, and has acted as sole counsel in multiple sets of possession proceedings and business tenancy renewal proceedings before the County Court. Furthermore, Harry has experience of the following real estate cases:

    • As sole counsel, acting in the High Court for a claimant seeking to vindicate her interest in a property in the West Midlands (Reid v Reid).
    • As sole counsel, advising a client on the operation of the Landlord and Tenant Act 1988, the proper construction of a lease, and the effects of assignment on restrictive covenants.
  • Sport

    During pupillage, Harry gained experience in a number of sport disputes, including:

    • A dispute between a sponsor, a racing driver, and a racing team involving allegations of fraud and unlawful means conspiracy.
    • Assisting in advising the directors of a rugby club on dividend payments and a potential unfair prejudice petition.
  • Trusts, Probate & Estates

    Harry has a wide range of experience in trusts, probate and estates litigation, including:

    • Advising trustees in the Cayman Islands (led by Elspeth Talbot Rice KC and Andrew Holden) on an application for directions involving complex issues of third-party rights and the Guardian Trust principle (Re X and Y Trusts, unreported, 29 November 2022)
    • Advising a trustee in Guernsey (led by Elspeth Talbot Rice KC and Andrew Holden) in respect of the proper administration of trust property in the context of illiquidity issues and allegations of fraud against the trust settlor.
    • As sole counsel, acting for a trustee in a blessing application before the High Court (Paris Smith Trust Corporation Ltd v Doyle)
    • As sole counsel, advising trustees in relation to the proper construction of the beneficial class of a trust in light of the Human Rights Act 1998 and the European Convention on Human Rights.
    • As sole counsel, advising the beneficiary of an elaborate structure of family trusts on the trustee’s disclosure duties, and on related issues of rescission for equitable mistake, misrepresentation and undue influence potentially worth in the tens of millions of pounds.
    • Acting (led by Edward Cumming KC) for children seeking to bring a claim in proprietary estoppel following their exclusion from their surviving parent’s will, which had allegedly reneged on a promise made to the deceased parent.
    • Acting for a professional trustee in the Cayman Islands on a confidentiality application and an application to retire.
    • As sole counsel, advising a beneficiary on the prospects of successfully defending a claim against the validity of a will on the grounds of lack of capacity, want of knowledge and approval, and undue influence.
    • As sole counsel, advising both executors and disappointed beneficiaries on numerous claims under the 1975 Act.
    • As sole counsel, advising the executor of an estate on issues of jurisdiction and domicile.
    • Acting for a personal representative defending claims against the estate in contract.
    • Acting for disgruntled beneficiaries in a claim for breach of trust and the taking of accounts against the trustees of a significant family trust (Halai v Patel).
    • Acting, as sole counsel, for a defendant accused of procuring the transfer of property through fraudulent misrepresentation and undue influence (Anwer v Anwer).
    • Acting for the executors of an estate seeking to strike out an appearance entered under the Non-Contentious Probate Rules for being frivolous or vexatious.

Other information

  • Academic History
    • BA Classics (First Class, 5th in year), New College, Oxford (2014-2018)
    • Graduate Diploma in Law, City University of London (2018-2019)
    • LLM Bar Professional Training (Distinction, 1st in year), City University of London (2019-2020)
  • Scholarships and Prizes
    • Arden Scholarship (Gray’s Inn’s top pupillage prize, 2021)
    • Norman Tapp Memorial Prize for Mooting (Gray’s Inn, 2021)
    • Dean’s Award (only student in the school’s history to obtain the top grade in all core Bar exams plus a distinction on the extra LLM component, City University of London, 2021)
    • Scarman Prize (City University of London, 2021)
    • OUP Prize for Excellence in Advocacy and Procedure (City University of London, 2021)
    • Bedingfield Scholarship (Gray’s Inn’s top Bar Course award, 2019)
    • David Karmel Scholarship (Gray’s Inn’s top GDL award, 2018)
    • Benefactors’ Prize (New College, Oxford, 2018)
  • Publications
  • Memberships and Appointments
    • Supervisor in Company Law, Hughes Hall, University of Cambridge (2022—present)
    • Honourable Society of Gray’s Inn
    • The Commercial Bar Association (COMBAR)
    • The Chancery Bar Association (ChBA)
    • Contentious Trusts Association (ConTrA)
  • Languages

    French (good); Spanish (moderate); Italian (moderate)