Lauded by market commentators as a 'heavyweight courtroom advocate' and “an exceptionally good operator who leaves no stone unturned”, Clive Freedman QC is joint head of Littleton Chambers and one of the UK's most highly regarded commercial litigators.

Called to the bar in 1978 and made silk in 1997, Clive has a wealth of experience acting for high value individuals in cases of commercial fraud, franchising, insolvency and frequently appears with specialist juniors in different fields

Highlight examples of work include Clive acting in the guideline case on a worldwide freezing injunction; energy disputes between Russian and Ukranian oligarchs as well as acting for high value individuals on a broad range of other commercial matters

Clive is frequently called upon to act in lengthy and complex trials and has acted in disputes over commodities, shares and joint ventures. 2005 saw Clive act for the claimant in a fraud dispute involving the world's largest private copper dealer. He also is the editor of the leading textbook on franchising law (Mendelsohn on Franchising Law 2nd Ed. (2004).

A vigorous fighter on behalf of the underdog, Clive is a lifelong Manchester City supporter and has represented a premier league club and its manager against a claim by a footballer in an arbitration.

Clive is listed or mentioned in Legal 500 (2010) for 5 practice areas. He is listed in commercial dispute resolution, civil fraud and banking. He is mentioned for international arbitration and professional negligence.

Clive is listed in Chambers and Partners for commercial dispute resolution, civil fraud and is about to be listed in 2010 additionally in professional negligence.

Recent directories include the following:

Commercial litigation

Clive Freedman QC ‘brings energy and ingenuity to complex cases’.

Civil Fraud

Market sources also continue to be impressed by Clive Freedman QC at Littleton Chambers. One commented: “I have not found anyone to compare to him in terms of the rigorous analysis that he brings to civil fraud cases; his written submissions are excellent, which is very important for multi-jurisdictional matters where you have to rely on local lawyers to provide the oral advocacy.”

International arbitration

Clive Freedman QC is ‘a pleasure to work with. He’s fiercely bright and creative’.

AREAS OF PRACTICE

Commercial law including banking, insurance, sale of goods, partnership/joint venture, agency and employment law.
Insolvency and company law ancillary to advising about commercial law.
Commercial fraud.
Franchising.
Trial advocate. A large part of his practice comprises long and complex trials.
Frequently appears with specialist juniors in different fields, applying his skills as a tactician and advocate as well as having a broad range of experience of different areas of commercial law.

MOST RECENT REPORTED CASES 2008-2009

Commercial law

Ananhall v Adler (2009) NPC 80 commission not payable in circumstances where property transaction did not complete because of terms of contract. No scope for implied term.

Fraud

4 Eng v Harper and others [2009] Ch. 91. Case where Claimant represented by Clive received award of damages for loss of chance in fraud case.

Banking / Consumer Credit

Peter Nolan v Graham Wright (2009) 3 All E.R. 823 Limitation period in connection with extortionate credit bargain is 12 years.

Conister Trust plc v John Hardman & Co LTL 21/7/2008 Solicitors' personal injury funding - meaning of word "liability" where the obligation was contained in a contract which was unenforceable.

Company law

Dashfield & Shepherd v Davidson and Ruddy (2009) 1 BCLC 220 (Lewison J.). Pre-emption provisions in articles of association and dispute about agreements between the shareholders.

Housing

Moran v Manchester City Council. Case about homeless persons and women's refuges. Appeared in the CA overturning decision below [2008] 1 WLR 2387, but decision reversed in HL [2009] 1 WLR 1506.

COMMERCIAL FRAUD

A substantial part of Clive's practice comprises commercial fraud trials usually with a substantial international dimension, most lasting several weeks. Examples are 4 Eng (fraud in connection with share sale agreement above); Dadourian v Simms (sale of machinery), Parker v Snyder (defending against alleged fraud in share sale), Black v Davies (copper broker case), Crown Resources v Vinogradsky (secret commissions in oil industry), Dubai Aluminium v Al Alawi (alleged secret commissions in aluminium industry).

Dadourian v Simms and others. Case gave rise to a number of CA cases. Clive appeared in the trial in which the fraud was established and a large damages was awarded. He also led in 2 CA cases, one of which gave rise to the Dadourian guidelines in freezing injunctions [2006] 1 WLR 2499 and one about use of information obtained on disclosure in contempt cases [2007] 1 WLR 2967.

Zakharov & Ors v White & Ors [2003] EWHC 2560 (Ch); [2003] EWHC 2463 (Ch); [2003] All ER 453 (Oct) A case raising important issues concerning freezing orders, in particular: passport orders, jurisdiction to issue bench warrants to enforce freezing orders, contempt of court, scope and operation of legal expenses exemptions to freezing orders.

Crown Resources v Vingogradsky LTL 25/7/2001. Secret commissions. 5 day hearing regarding alleged non disclosure on freezing injunction application.

Dubai Aluminium v Al Alawi 2001-2002 (successfully defended Defendant in claim arising out of alleged secret commissions in aluminium industry). The trial followed an important decision on legal professional privilege [2009] 1 WLR 703.

COMMERCIAL LAW

Ananhall v Adler (see above)

Watford Petroleum v Interoil [2005] (oil and gas joint venture in Ukraine).

I-Way Limited v World Online Telecom Limited (2004) EWHC 244, (Com. Court) Misrepresentation, implication of contractual terms, estoppel. Also in Court of Appeal on question of impact of anti-oral variation clause [2002] EWCA Civ 413

Union Music v Russell Watson [2002] ECWA Civ (CA) Claim between musician and former manager.

Hendry v Chartsearch (CA) The Times 16/9/98 Effect of assignment without prior consent contrary to contractual prohibition in commercial case.

Paperlight Ltd v Swinton Insurance Company Ltd (Clarke J - Comm. Ct.) [1998] CLR 853 Franchise case representing numerous franchisees. Construction of right of renewal in franchise agreement and period of reasonable notice - 5 years.

PARTNERSHIP LAW

Hurst v Bryk [2002] 1 A.C.185 Landmark House of Lords decision on inter-relationship of contractual principles to the provisions of the Partnership Act 1890 in context of solicitors' firm.

Frequently advises and appears in connection with partnership disputes of solicitors' firms.

PROFESSIONAL NEGLIGENCE

Recent cases in 2007-2009 include claim for breach of duty of executor (Chancery Division), claim for breach of fiduciary duty/negligence against a solicitor relating to share sale agreement (Chancery Division), negligence against a solicitor relating to commercial conveyancing (Chancery Division) and claim against insurance broker following factory fire (Commercial Court).

Dempsey v Johnstone (2004) PNLR 25 Law in relation to wasted costs orders.

McGowan v Chadwick & anr [2002] ECWA Civ 1758 (CA) Claim against court appointed receiver of partnership.

COMPANY LAW

Arrow & Blackledge v Blackledge (Chancery Division The Times 06.12.99 & Court of Appeal [2000] 2 BCLC 167) (unfair prejudice/passing off/striking out). Series of multi-party claims (passing off and unfair prejudice petitions) relating to a national chain of shops. Effect of forged document on procedural fairness of a trial.

Wrexham Association Football Club v Crucialmove Ltd. [2006] EWCA Civ237 CA case on position of third party said to have benefited with knowledge of breach of fiduciary duties of director

Re: Blenheim Leisure ( Restaurants ) Ltd (CA) (2000) 2 BCLC 167 Application to intervene in connection with company's application to restore to register.

Re: Blenheim Leisure ( Restaurants ) Ltd Various applications before Neuberger J. (2000) BCC 821, and The Times 26/10/99 and 9/11/99: jurisdiction of court to attach conditions in application to restore to register, and juristiction of court to recall its own judgements.

EMPLOYMENT LAW

Hayes & Ors v Transco Plc [2003] EWCA Civ 126 (CA) A Court of Appeal case dealing with the interpretation of collective agreement terms in individual employment contracts. Trial judge decision below reversed on the ground of procedural unfairness.

ARBITRATIONS

Arbitration in Stockholm [2009] - case involving claim for breach of joint venture contract involving gas and oil in Ukraine.

Football league arbitration (2003) representing premier league club and its manager in claim by agent of footballer.

(2002) LME arbitration where team of Clive and junior and solicitor were against a team of two silks, a junior and a very large team of lawyers.

Frequently appears in arbitrations before the Beth Din and appeals/applications to the Courts arising out of such arbitrations e.g. Kohn v Wagschal (2007) 2 CLC 720 - finding of Beth Din relating to tax evasion did not prevent enforcement of award.

OTHER NOTEWORTHY CASES

Maccaba v Lichtenstein [2004]: Longest ever slander case between a businessman and a rabbi covered extensively in newspapers around the world. Issues about qualified priviege and confidentiality reported at [2005] EMLR 9, [2005] EMLR 109

Sykes & Anor v Taylor-Rose & Anor CA Times, March 2, 2004. Claim in misrepresentation re purchase of house where there had been a shocking murder. Very widely reported in national newspapers.

S v S - worldwide Mareva injunction in the Supreme Court of Gibraltar.

Yona International v LRF - political risk insurance acting for Israeli client - engaged for 4 months - case settled after 30 day trial in the Commercial Court and before judgment.

Balkanbank v Taher - engaged for 4 months until case settled. Appeared in Commercial Court and in the High Court in Ireland in applications relating to freezing orders and enforcement of cross undertaking as to damages.

MEDIATIONS

CEDR accredited mediator; acts as mediator in large mediations re commercial law, and appears in mediations as Counsel.