Michael Gadd has extensive experience of a wide range of commercial and commercial chancery disputes. His key areas of expertise are commercial litigation and civil fraud, business and company law, professional negligence, real estate and contentious trust litigation. He is also an expert contributor to the publication Professional Negligence & Liability and an accredited mediator.

He is frequently engaged in cases that cross international boundaries and give rise to questions of conflicts of law. He is a member of the Eastern Caribbean Bar and has appeared as an advocate in the Turks & Caicos Islands, the BVI and the Isle of Man.

Chambers & Partners refers to the fact that Michael “consistently proves himself a tough but delightful opponent” with “bold and forthright advocacy“.

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Areas of experience

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  • Civil Fraud, Asset Tracing & Recovery

    Michael has a great deal of experience in dealing with civil fraud matters, largely of an international nature. He has recently been involved in:

    • Fairfield Sentry: ongoing multi-billion Dollar British Virgin Islands liquidation involving worldwide litigation arising out of the Madoff fraud.
    • Mount Capital: ongoing multi-million Dollar British Virgin Islands liquidation involving cross-border litigation also arising out of the Madoff fraud.
    • Court & ors v Despallieres (2009): £7-8m worldwide estate left by Australian deceased. Claim that Defendant (deceased’s civil partner) had forged will. Claimants obtained a freezing injunction over the estate and Defendant applied successfully to have access to frozen funds for legal expenses.
  • Commercial Litigation

    Michael has extensive experience of a wide range of commercial disputes conducted in England and overseas, particularly in the BVI. He has also been instructed in a number of arbitrations, mediations and appeals from arbitrator’s awards. Legal 500 recommends him in this area.

    Recent cases include:

    • Fairfield Sentry: ongoing multi-billion dollar British Virgin Islands liquidation involving worldwide litigation arising out of the Madoff fraud.
    • Mount Capital: ongoing multi-million Dollar British Virgin Islands liquidation involving cross-border litigation also arising out of the Madoff fraud.
    • Talisman Equity Partners v Reeve & Ors (2009-10): claim by lender against a number of guarantors. Michael represented one of the guarantors who resisted the claim on the ground that one of the intended guarantors did not sign the guarantee.
    • Cleave & Co International Ltd v Dix (2009): claim against former director/shareholder for injunctions to enforce worldwide covenants in restraint of trade.
    • Formula 1 litigation arising out of the largest ever liquidation of a German company. This company had entered into an arrangement to buy an interest in Formula 1 but overborrowed. There were proceedings in Germany and England with conflicts of law being a major issue. US$230m was at stake.
    • Currency Swap (2009): This dispute concerned a currency swap between an investment fund and an investment bank. The claim was for rectification or rescission for misrepresentation. The dispute was settled on confidential terms.
  • Company

    Michael Gadd’s advocacy and advice covers a wide range of company and insolvency cases and, in particular, shareholders’ disputes and unfair prejudice petitions, claims by and against directors, bankruptcy and voluntary arrangements.

    His recent cases include:

    • Gate of India (Tynmouth) (2007-9): a company unfair prejudice petition resulting in a 10 day trial on liability.
    • Gerrard -v- Koby & Anor [2005] BCLC 92], [2004] LTL 7/9/2004 Ch .
  • Mediation

    Michael is a qualified mediator with experience as a mediator and as counsel in the mediation process across the whole range of his areas of expertise.

    If you would like more information about his experience in this area, please contact Daniel Wilson, on 020 7691 2424 or daniel.wilson@xxiv.co.uk.

  • Professional Negligence

    Michael has an active professional negligence practice and is a member of the Professional Negligence Bar Association. Legal 500 recommends him in this area.

    Ongoing or recent cases include:

    • Montpelier v Lighthouswealth
    • CM Skye Trustees v Lighthousewealth
    • Spurin v Lighthousewealth

    all of which were claims made by investors against independent investment advisers.

  • Real Estate Litigation

    Michael Gadd constantly deals with litigation concerning all aspects of property law and landlord and tenant. He has also been involved with property issues relating to litigation under the proceeds of crime legislation.

    His recent reported cases include: Sinclair v Glatt [2009] 1 WLR 1845: a case involving trust, property and receivership issues in the context of the proceeds of crime legislation.

  • Trusts, Probate & Estates

    Michael Gadd is well known for his expertise and experience in dealing with contentious trust and property litigation. He is a joint author of a chapter in Professional Negligence and Liability dealing with the liabilities of professional trustees. Recommended in both Legal 500 and Chambers & Prs, he is also a member of the Chancery Bar Association.

    He has also been involved in property and trust issues in relation to litigation under the proceeds of crime legislation.

    His recent cases include:

    • Court & ors v Despallieres (2009): £7-8m worldwide estate left by Australian deceased. Claim that Defendant (deceased’s civil partner) had forged will. Counterclaim by Defendant that that substantial monies had passed to him by survivorship and that under private international law English immovable assets were subject to an intestacy.
    • Kelk v Bignall & ors (2009): Inheritance Act claim by surviving domestic partner. The £12m estate was held on discretionary trust for surviving domestic partner and deceased’s nephews and nieces and their issue.
    • Sinclair v Glatt [2009] 1 WLR 1845: a case involving trust, property and receivership issues in the context of the proceeds of crime legislation.
    • Pullen v Pullen (2008): a hostile claim to remove trustees of £100m family settlements.