Matthew joined Chambers in October 2013. He has since developed a busy commercial and chancery practice. He is an advocate in demand, appearing regularly in the High Court (Chancery Division, Commercial Court and London Circuit Commercial) and the County Court. He has also acted in appeals to the Court of Appeal and the Judicial Committee of the Privy Council.

His practice spans the range of Chambers’ work. He is as comfortable in a trust or estate dispute as he is in heavyweight commercial litigation.

In addition to a thriving practice before the English courts, Matthew has considerable experience in international and multi-jurisdictional disputes. He has acted and advised in trust, company, banking and commercial disputes in the Channel Islands, the United Arab Emirates (including the ADGM, DIFC and onshore courts), Gibraltar, Bermuda, the Bahamas and the British Virgin Islands. As a result, he has considerable experience fighting forum battles, dealing with anti-suit injunctions and advising on the conflicts of laws. He commonly works as part of a team alongside lawyers from other jurisdictions and legal traditions.

Some examples of Matthew’s recent reported cases include:

  • Investec Trust (Guernsey) Ltd & Ors v Glenalla Properties Ltd & Ors [2018] UKPC 7; [2018] 2 WLR 1465: Matthew acted with Ewan McQuater QC and Daniel Warents for the BVI companies before the Privy Council in this landmark appeal relating to trustees’ personal liability and the application of statutory limitations of liability as a matter of private international law.
  • Peter Black Footwear v Fawaz Abulaziz Alhokair & Co [2018] EWHC 93 (Comm) and ongoing: Matthew acts, with Rupert Reed QC, for a Saudi company defending a multi-million international sale of goods claim. The case involves both complex English and Saudi law issues. The trial is set down in 2019.
  • First Tower Trustees v CDS (Superstores International) Ltd [2018] EWCA Civ 1396 (on appeal) and [2017] EWHC 891 (Ch); [2017] 4 W.L.R. 73 (at first instance): Matthew appeared with Michael Gadd (at trial) and Alan Steinfeld QC (on appeal) for the defendant Jersey trustee. This is now the leading decision on the efficacy of basis clauses to exclude liability in misrepresentation and the extent to which trustees can limit their personal liability for non-contractual claims.
  • Barnett v Creggy [2016] EWCA Civ 1004; [2017] Ch. 273 (on appeal); and [2014] EWHC 3080 (Ch); and [2015] EWHC 1316 (Ch) (at first instance): Matthew, led by Steven Thompson QC, acted for the claimants at first instance and before the Court of Appeal in a claim for the repayment of substantial sums paid to a solicitor over several decades and held in an offshore structure. The issue in the Court of Appeal turned on the application of the Limitation Act 1980 to equitable claims against fiduciaries.
  • Hayri International LLC v Hazim Telecom Private Limited [2016] DIFC ARB 010Matthew acted, with Tom Montagu-Smith QC, for the successful applicant before the DIFC Court in Dubai for an urgent anti-anti-suit injunction to restrain a foreign court from itself restraining arbitration proceedings.
  • Re Elgin Legal Limited [2016] EWHC 2523 (Ch); [2017] B.P.I.R. 406; [2017] B.C.C. 43: Matthew acted for a former administrator in his claim to resolve problems with his appointment. The case establishes a former administrator’s standing as creditor to apply for a fresh administration order and considered the case law on retrospective administration orders.
  • Sheikh Mohammed Bin Issa Al Jaber v Sheikh Walid Bin Ibrahim Al Ibrahim [2016] EWHC 1989 (Comm) and ongoing: Matthew acts, with Steven Thompson QC, for the first defendant in this multi-million US dollar commercial dispute.
  • Zaleksi v GM Trustees Ltd (Guernsey Royal Court, Sept 2015) (Guernsey Court of Appeal, March 2016): Matthew acted for the defendant trustee at a two week trial and subsequently in the Court of Appeal. The Guernsey professional trustee successfully resisted complex breach of trust claims relating to the sale of a concession granted over a mineral port in the Gabon.
  • Bourke v Favre [2015] EWHC 277 (Ch): Matthew, led by Elspeth Talbot Rice QC, acted for the defendants in this long running family dispute about the ownership of a village in Dorset. The claim involved substantial trust and adverse possession claims and was resolved shortly before a three-week trial.

Matthew regularly gives talks and lectures on areas in which he specialises. Recent topics include: the problems faced by trustees of large rural estates; the application of the principal of reflective loss in company claims; landlord consents in leasehold conveyancing and the application of the limitation provisions to misrepresentation claims.

Areas of experience

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  • Arbitration

    Matthew has a growing international arbitration practice. He has been instructed in relation to arbitrations conducted under DIAC, LCIA and ICSID rules. He has experience dealing with issues that commonly arise in such proceedings including jurisdiction challenges, procedural issues, applications to the courts of the seat, anti-arbitration injunctions and enforcement proceedings.

    Much of Matthew’s arbitration practice is confidential, however examples of recent cases include:

    • A v B (2017 and ongoing): Matthew acts for the defendant in a DIFC-LCIA arbitration resisting claims under an English guarantee. The proceedings include a challenge to the Tribunal’s jurisdiction.
    • Hayri International LLC v Hazim Telecom Private Ltd [2016] DIFC ARB 010Matthew acted, with Tom Montagu-Smith QC, for the successful applicant before the DIFC Court in Dubai for an urgent anti-anti-suit injunction to restrain a foreign court from itself restraining arbitration proceedings. Matthew continues to act in the arbitration proceedings a substantial commercial telecommunications dispute.
    • A government v F (2017): Matthew acted for a government on proceedings to resist enforcement of an award made after an ICSID arbitration. Grounds to resist enforcement arose after the award was set aside by the courts where the arbitration was seated.
    • G v H (2015): Matthew acted for the successful claimant in an arbitration under the Renewable Energy Consumer Code in a misrepresentation claim relating to ground source heat pumps.
    • I v J (2015): Matthew acted for the successful defendant in an adjudication under the Scheme for Construction Contracts arising out of claims for losses on the termination of a JCT Intermediate Building Contract (2011).
  • Banking and Financial Services

    Matthew has an established banking and financial services practice. He has been instructed on customer-bank and bank-bank disputes in England and overseas. He has also worked on claims involving complex financial products, including various types of swaps and derivatives. In 2014, he was instructed by the Financial Conduct Authority to draft part of the new MCOB rules to give effect to the new Mortgage Credit Directive (2014/17/EU).

    A selection of Matthew’s recent cases in this area include:

    • CCUK Finance Ltd v Barclays Bank Plc [2018] EWHC 304 (Comm) and ongoing: Matthew acts, with Stephen Cogley QC, Turlough Stone and Tom Stewart Coats, for the claimants in this billion dollar claim against Barclays relating to the sale of a portfolio of sub-prime credit card debt.
    • Re the Arasbridge Unit Trust (Guernsey Royal Court, 2015 onwards): Matthew acted for the incumbent trustees in the complex winding up of a Guernsey unit trust, including on whether the Public Trustee could be appointed a trustee of the unit trust consistently with the GFSC rules.
    • Re an offshore bank (2015): Matthew advised an offshore bank on its contractual and tortious liabilities to its customer where it had mistakenly made payments as a result of a fraudulent instruction from a third party.
    • Re an offshore bank (2014): Matthew advised an offshore bank acting as trustee on its regulatory and fiduciary obligations in relation to funds held in a trust account which were suspected to be the proceeds of crime.
    • Raul Silva v United Investment Bank Limite[2012] DIFC CFI 010; [2014] DIFC CA 2004: Matthew assisted as pupil to Tom Montagu-Smith QC, at the trial of this claim for breach of contract and fiduciary duty against the managing director of a Dubai bank. In practice, Matthew was instructed to assist the managing director in his successful appeal.
  • Civil Fraud, Asset Tracing & Recovery

    Many of Matthew’s cases involve allegations of fraud or claims to recover property. He has experience in pleading and pursuing such claims for claimants and resisting fraud claims for defendants. He is familiar with the common ancillary applications including freezing orders and Norwich Pharmacal orders. His insolvency experience means he is often asked to advised liquidators and trustees on asset recovery claims and potential claimants on the use of insolvency procedures to recover assets.

    Some cases that give a flavour of Matthew’s work in this area include:

    • Tavira Securities Ltd v Re Point Ventures FZCO [2017] CFI 026 and ongoing Matthew, with Tom Montagu-Smith QC, acts for the claimants in this DIFC claim for damages for deceit and conspiracy arising from share brokerage transactions
    • Peak Construction (London) Ltd v Michael Savva [2016] EWHC 1295 (Ch): Matthew successfully obtained an urgent freezing order in support of the claimant’s  bribery claim arising in relation to a construction project. Matthew subsequently obtained unless orders enforcing the disclosure obligations.
    • Barnett v Creggy [2014] EWHC 3080 (Ch); [2015] EWHC 1316 (Ch); [2016] EWCA Civ 1004; [2017] Ch. 273: Matthew, led by Steven Thompson QC, acted for the claimants at first instance and before the Court of Appeal in a claim for the repayment of substantial sums paid to a solicitor over several decades and held in an offshore structure. The issue in the Court of Appeal turned on the application of the Limitation Act 1980 to equitable claims against fiduciaries.
    • Jefcoate v Spread Trustee & Ors (Guernsey Royal Court, Oct 2014): Matthew acted for the successful defendant trustee during the three-week trial of a conspiracy claim by a beneficiary brought in relation to the sale of trust property.
  • Commercial Litigation

    Commercial disputes are one of Matthew’s core practice areas. He has acted and advised on sale of goods claims, complex joint ventures, energy projects and banking and financial services disputes. He has appeared led and un-led in the Commercial Court and the London Circuit Commercial Court on a variety of matters.

    A selection of some his commercial cases include:

    • Macquarie Capital (Europe) Ltd v Nordsee Offshore MEG I GmbH (High Court (Comm Ct), 2017 and ongoing): Matthew acts for the defendant, with Thomas Lowe QC, in this multi-million claim for commission alleged to be due in relation to the equity and debt financing of an offshore windfarm project.
    • Peter Black Footwear v Fawaz Abulaziz Alhokair & Co [2018] EWHC 93 (Comm) and ongoing: Matthew acts, with Rupert Reed QC, for a Saudi company defending a multi-million international sale of goods claim. The case involves both complex English and Saudi law issues. The trial is set down in 2019.
    • CCUK Finance Ltd v Barclays Bank Plc [2018] EWHC 304 (Comm) and ongoing: Matthew acts, with Stephen Cogley QC, Turlough Stone and Tom Stewart Coats, for the claimants in this billion dollar claim against Barclays relating to the sale of a portfolio of sub-prime credit card debt.
    • Kleinwort Benson (Guernsey) Ltd v Aras Investment Management Ltd (Guernsey Royal Court, Jan 2017): Matthew acted for the trustee of an open-ended unit trust, registered as a Class B Fund by the GFSC, who successfully resisted summary judgment on its claim to recover unlawful deductions from the unit trust by the designated manager and administrator.
    • Re a national newspaper (High Court (QBD), 2016): Matthew acted for a national daily in its defence of a claim by a source for fees under an alleged contract with a journalist.
    • Sheikh Mohammed Bin Issa Al Jaber v Sheikh Walid Bin Ibrahim Al Ibrahim [2016] EWHC 1989 (Comm) and ongoing: Matthew acts, with Steven Thompson QC, for the first defendant in this multi-million US dollar commercial dispute. The matter is currently on appeal following a four-day jurisdiction challenge.
    • Re a charterparty (2015): Matthew gave specialist advice on the nature of the security interest created by the lien on subfreights in the New York Produce Exchange 1946 charterparty.
    • X v Y (2014): Matthew advised on a contractual and tortious claim in relation to alleged defects and performance issues discovered following the purchase of McLaren supercar.
  • Company

    Matthew has experience of company law claims. His work includes shareholder claims (unfair prejudice and derivative claims), breach of directors’ duties claims and regulatory and other procedural applications. Many of Matthew’s cases have an offshore element and so he is able to assimilate quickly complex offshore corporate structures and advise accordingly.

    Matthew is a junior barrister representative on the Bankruptcy and Companies Court Users’ Committee and is a contributor to the forthcoming edition of Atkin’s Court Forms: Companies – General (exp. 2018).

    Examples of Matthew’s cases include:

    • Re an offshore company (2017): Matthew advised on conflicts of law issues in relation to the ownership of bearer shares in an offshore company.
    • Zaleksi v GM Trustees Ltd (Guernsey Royal Court, Sept 2015; Guernsey Court of Appeal, March 2016): Matthew acted for the defendant trustee in a claim involving the sale of a corporate structure holding a concession over a mineral port in Gabon.
    • Re an offshore hedge fund (BVI High Court, 2015): Matthew acted in an unfair prejudice claim in relation to a hedge fund that had suspended redemptions  in the wake of the 2008 financial crisis and refused to supply shareholders with information.
    • Re a company restructuring (High Court (ChD), 2014): Matthew acted on an application to set aside a gift of shares and consequential resolutions putting the company into members’ voluntary liquidation on the grounds of mistake.
  • Construction & Projects

    Matthew has experience in construction disputes and litigation relating to substantial infrastructure projects. He has acted for employers, contractors and sub-contractors in a range of contractual and tortious claims. He has experience dealing with delay and termination claims, all manner of consequential losses, project finance disputes. Matthew is able to bring his chancery experience to bear on construction disputes and is often asked to advise on construction disputes where there is a trust, insolvency or offshore element.

    His recent cases include:

    • Macquarie Capital (Europe) Ltd v Nordsee Offshore MEG I GmbH (High Court (Comm Ct), 2017 and ongoing): Matthew acts for the defendant, with Thomas Lowe QC, in this multi-million claim for commission alleged to be due in relation to the equity and debt financing of an offshore windfarm project.
    • Peak Construction (London) Ltd v Michael Savva [2016] EWHC 1295 (Ch): Matthew successfully obtained an urgent freezing order in support of the claimant’s  bribery claim arising in relation to a construction project. Matthew subsequently obtained unless orders enforcing the disclosure obligations.
    • Re an offshore construction project (2016): Matthew acted for the purchasers of a new-build residential property in an offshore jurisdiction in a claim against the builder following a catastrophic drainage flood.
    • G v H (2015): Matthew acted for the successful claimant in an arbitration under the Renewable Energy Consumer Code in a misrepresentation claim relating to ground source heat pumps.
    • I v J (2015): Matthew acted for the successful defendant in an adjudication under the Scheme for Construction Contracts arising out of claims for losses on the termination of a JCT Intermediate Building Contract (2011).
  • Insolvency

    Matthew is an experienced insolvency lawyer. He acts in relation to personal bankruptcies and corporate insolvencies. He has experience appearing for creditors, debtors, trustees, liquidators, administrators and other office-holders.

    His practice covers the range of insolvency work. He has acted on winding up and bankruptcy petitions, applications to annul and set aside insolvency orders, applications in administration, claims to set aside antecedent transactions, block transfer orders, income payment orders and appeals from the new bankruptcy adjudicators.

    As result, Matthew is often instructed on trust and estate disputes and commercial claims where there is an insolvency aspect. Matthew is a junior barrister representative on the Bankruptcy and Companies Court Users’ Committee.

    Examples of recent cases include:

    • Bank of Ireland v Lord Magan (High Court (ChD), 2017): Matthew acted for the successful respondent to a bankruptcy petition in the High Court.
    • EME Capital LLP v Bryant (County Court, 2017): Matthew acted for the successful petitioning creditor on a contested bankruptcy petition in relation to loans made to a broker by his former firm.
    • Re Elgin Legal Limited [2016] EWHC 2523 (Ch); [2017] B.P.I.R. 406; [2017] B.C.C. 43: Matthew acted for a former administrator in his claim to resolve problems with his appointment. The case establishes a former administrator’s standing as creditor to apply for a fresh administration order and considered the case law on retrospective appointments under paragraph 13(2) of Schedule B1 to the Insolvency Act 1986.
    • Lycamobile v Bank Monarch Group Limited (High Court (ChD), 2016): Matthew acted for the petitioning creditor on the winding up petition in the High Court and in resisting the company’s application to rescind the winding up order and stay the insolvency proceedings.
    • Re Sivasoruban (High Court (ChD), 2016): Matthew acted for two former care home owners on their successful application to annul bankruptcy orders made against them and challenge the fees and expenses of their trustee in bankruptcy.
  • Partnership and Joint Ventures

    Matthew regularly advises on and acts in disputes involving partnerships and joint ventures. He is experienced in dealing with claims between partners, disputes relating to partnership assets or arising on the dissolution of partnerships as well as the myriad of contractual, tortious and equitable claims that arise on the collapse of informal joint ventures.

    His recent cases include:

    • Re a charity joint venture (2016): Matthew advised a charity on the breakdown of a joint venture it had entered into, including the ownership of intellectual property generated by the joint venture and the application of the Partnership Act 1890.
    • ECC Records Ltd & Emmerson v Russell  & McNally (High Court (ChD), 2015-2016): Matthew acted, with Simon Malynicz QC, for the claimants in a High Court claim about the ownership of the name of a music band. The case gave rise to issues relating to the nature of informal partnerships created between musicians.
    • Paul McKenna v Clare Staples (High Court (ChD), 2015-2016): Matthew acted, with Elspeth Talbot Rice QC, for the Claimant in this multi-million cross-jurisdictional partnership and joint venture dispute. The case involved dealing with parallel proceedings in England and California.
    • Main v Loveless (County Court, 2014): Matthew acted for the defendant in a claim arising from the dissolution of an informal partnership manufacturing model railway locomotives.
    • The Estate of Yudelowitz Lipschitz (High Court (ChD), 2013-2015): Matthew acted for the defendant in a dispute arising from the death of a partner in a dental partnership.
  • Professional Negligence

    Matthew regularly advises on claims brought against professionals who work in the areas in which he specialises. He has dealt with claims against solicitors, professional trustees, will draftsmen, construction professionals, surveyors, estate agents, investment advisers and independent financial advisers. Matthew has acted for both claimants and defendants.

  • Real Estate Litigation

    Many of Matthew’s cases involve dealing with real property. He has acted in all manner of claims including: possession actions, claims under TOLATA 1996, beneficial ownership disputes, proprietary estoppel claims, adverse possession claims and sale and conveyance disputes. Matthew has also advised and acted in a number of commercial and residential leasehold disputes and has experience of leasehold enfranchisement claims.

    Some of his recent cases include:

    • Hylton v Hylton (High Court (ChD), 2017): Matthew acted for the successful claimant on her application for summary judgment in a claim to recover the misappropriated sale proceeds of a property belonging to an estate. The claim entailed resolving the contested beneficial ownership of the property.
    • First Tower Trustees v CDS (Superstores International) Ltd [2017] EWHC 891 (Ch); [2017] 4 W.L.R. 73 and ongoing: Matthew appeared with Michael Gadd for the defendant Jersey trustee at the trial of a misrepresentation and breach of contract claim in relation to a lease of several large warehouses in England. The issues at trial ranged from the effect of exclusion and non-representation clauses in commercial leases to the nature of a Jersey trustee’s liability ‘as trustee’. An appeal to the Court of Appeal is pending.
    • Piercy v Wilkinson (County Court, 2015-2016): Matthew acted for the claimants in a leasehold enfranchisement dispute relating to a central London residential property.
    • Re an Oxford Street commercial property (2015): Matthew advised on a dispute under a commercial lease of prime central London commercial property arising from the exercise of a break clause.
    • Bourke v Favre [2015] EWHC 277 (Ch): Matthew, led by Elspeth Talbot Rice QC, acted for the defendants in this long running family dispute about the ownership of a village in Dorset. The claim involved both substantial trust and adverse possession claims and was resolved shortly before a three-week trial.
  • Trusts, Probate & Estates

    Contentious trust, probate and estate work lies at the heart of Matthew’s practice. Since joining Chambers he has rapidly grown a thriving domestic trusts and estates practice. Matthew has acted on a number of probate and estate claims including: validity actions, claims under the 1975 Act, administration disputes, breach of trust claims, Variation of Trust Act 1958 applications, and claims to remove representatives and trustees.

    Matthew has also built a solid international trust practice. He has been involved in a number of substantial offshore trust disputes, including in particular the Channel Islands. His experience extends to both commercial and private family trusts. He is familiar not only with trust laws in a number of jurisdictions but also the conflicts of law and jurisdictional issues that commonly arise in global trust and offshore disputes.

    Examples of his recent cases include:

    • Investec Trust (Guernsey) Ltd & Ors v Glenalla Properties Ltd & Ors [2018] UKPC 7; [2018] 2 WLR 1465: Matthew acted with Ewan McQuater QC and Daniel Warents for the BVI companies before the Privy Council in this landmark appeal relating to trustees’ personal liability and the application of statutory limitations of liability as a matter of private international law.
    • Hylton v Hylton (High Court (ChD), 2017): Matthew acts for the claimant in this claim to recover substantial sums misappropriated from an estate (which claim was successful at a summary judgement application) and also to prove the deceased’s will in solemn form.
    • First Tower Trustees v CDS (Superstores International) Ltd [2017] EWHC 891 (Ch); [2017] 4 W.L.R. 73 and ongoing: Matthew appeared with Michael Gadd for the defendant Jersey trustee at the trial of a misrepresentation and breach of contract claim in relation to a lease of several large warehouses in England. The issues at trial ranged from the effect of exclusion and non-representation clauses in commercial leases to the nature of a Jersey trustee’s liability ‘as trustee’. An appeal to the Court of Appeal is pending.
    • Renner v Zedra Trust Company (UK) Limited (High Court (ChD), 2017): Matthew acted for the successful defendant on its application to strike out a claim to revoke a grant of probate obtained as attorney to administer the estate of a foreign domiciled deceased.
    • Re Hussain (High Court (ChD), 2016-2017): Matthew acted for the successful claimant in a claim to remove executors and trustees of an estate and replace them with an independent professional solicitor.
    • Re an estate (2016): Matthew acted for a successful 1975 Act claimant without capacity on her claim and at the hearing to approve the settlement achieved.
    • Barnett v Creggy [2014] EWHC 3080 (Ch); [2015] EWHC 1316 (Ch); [2016] EWCA Civ 1004; [2017] Ch. 273: Matthew, led by Steven Thompson QC, acted for the claimants at first instance and before the Court of Appeal in a claim for the repayment of substantial sums paid to a solicitor over several decades and held in an offshore structure. The issue in the Court of Appeal turned on the application of the Limitation Act 1980 to equitable claims against fiduciaries.
    • Zaleksi v GM Trustees Ltd (Guernsey Royal Court, Sept 2015) (Guernsey Court of Appeal, March 2016): Matthew acted for the defendant trustee at a two week trial and subsequently in the Court of Appeal. The Guernsey professional trustee successfully resisted complex breach of trust claims relating to the sale of a concession granted over a mineral port in the Gabon.
    • Bourke v Favre [2015] EWHC 277 (Ch): Matthew, led by Elspeth Talbot Rice QC, acted for the defendants in this long running family dispute about the ownership of a village in Dorset. The claim involved substantial trust and adverse possession claims and was resolved shortly before a three-week trial.
    • Re the Arasbridge Unit Trust (Guernsey Royal Court, 2015 onwards): Matthew acted for the incumbent trustees in the complex winding up of a Guernsey unit trust, including on whether the Public Trustee could be appointed a trustee of the unit trust consistently with the GFSC rules.
    • Jefcoate v Spread Trustee (Guernsey Royal Court, Oct 2014): Matthew acted for the successful defendant trustee at the three week trial of this multi-million breach of trust claim. The claim turned on whether former National Coal Board land had been sold at an undervalue. The case also involved an ultimately unsuccessful claim in conspiracy against the trustee.