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CLIVE FREEDMAN QC

 

Clive Freedman QC is a commercial Silk, a Deputy High Court Judge and was joint head of Littleton Chambers between 2006-2013  His practice areas span civil fraud, commercial litigation, arbitration, banking, company and partnership, and professional negligence; and he is highly ranked in the independent legal directories. Clive has appeared as leading Counsel in numerous CIS cases both in English courts and in international arbitrations. He is also a sought after public speaker in relation to law as well as wider speaking engagements.

Clive is consistently rated as a leading Silk by the Legal Directories in the following fields:

Commercial Litigation

  • "A particularly fabulous cross-examiner" (Chambers & Partners 2013)
  • "An exceptional presence...intimidatingly bright" (Chambers & Partners 2013)
  • "Brilliant analytical mind and marvellous advocacy" (Chambers & Partners 2011)
  • "Particularly good at exploring the ramifications of both factual submissions and legal arguments" (Legal 500 2013)

Civil Fraud

  • "Meticulous analysis and determination to get the right result for his client" (Chambers & Partners 2012)
  • "Rigorously analytical in his approach as well as creative in his thinking. He is well suited to cases of seemingly insurmountable complexity, and can turn his broad experience and vast intellect to a variety of fraud related work" (Chambers & Partners 2011)

Banking

  • "Able to turn his hand to anything with perfect aplomb" (Legal 500)

International Arbitration

  • "Stands out as one of the best commercial litigators around" (Legal 500)
  • "He seems to have exactly the right touch for whatever tribunal he faces"(unknown)

A large part of Clive's practice comprises complex commercial fraud trials usually with a substantial international dimension, most lasting several weeks.  He is frequently retained in in energy and precious metals disputes between Russian and CIS oligarchs in the Chancery Division and in international arbitrations as well as acting for high net worth individuals on a broad range of other commercial matters.

He is also an appellate lawyer of great experience, having appeared in the Court of Appeal on about 50 occasions.  Examples of work include Clive acting in the guideline case of Dadourian on worldwide freezing injunctions; in the House of Lords solicitor partnership case of Hurst v Bryk

In the last few years alone, he has been in numerous reported cases.  Most recent cases including 4 Eng v Harper [2009] Ch. 91 (damages for loss of chance in fraud cases), 4 Eng v Harper (No.2)[2010] BCLC 176 (setting aside transactions prejudicing creditors under Insolvency Act 1986), Noble v Owens [2010] 1 W.L.R 2491 (Court of Appeal: impeaching a judgment for fraud in a personal injuries case), Jenington v Assaubayev [2010] EWHC 2351 (Ch) (gold mining interests in Kazakhstan – cross examination - freezing injunctions), Garratt v Mirror Group Newspapers [2011] EWCA Civ 425 (Court of Appeal: role of implied terms in collective agreement) and Alliance v Tishbi [2011] All ER (D) 230 (Apr) (construction and rectification in settlement agreements).

 

    Civil Fraud

Clive is ranked as one of the UK’s leading civil fraud Silks.  His skill in this area has led to an impressive case list which includes:

  • Abela v Baadarani [2013] UKSC 44; The Times 8 August 2013. Alternative service outside the jurisdiction in Lebanon in a fraud case
  • VTB v Malofeev and others in the Cayman Court of Appeal (4 June 2013). Application against two non-parties to English proceedings for freezing injunctions raising questions of jurisdiction and discretion.
  • VTB Capital Plc v Nutritek International Corp (2012) EWCA Civ 808: Lawtel 20/6/2012: [2012] 2 Lloyd’s Rep 313 : [2012] 2 BCLC 437 : [2012] 2 CLC 431. Action in fraud/conspiracy by English Bank (subsidiary of Russian bank) raising issues of lifting the corporate veil, jurisdiction, freezing order issues and loss in tort of deceit.  Fraud on English subsidiary of Russian bank. Effect of participation agreements on right to recover damages. Lifting the corporate veil.
  • Jenington International Inc v Assaubayev (2010) EWHC 2351 (Ch): Lawtel 17/2/11. Cross-examination and disclosure following worldwide freezing order  relating to investment in goldmines in Kazakhstan.  Original freezing order in respect of vast alleged fraud raising USD 200 million on London market.
  • Mark Noble v Martin Raymond Owens (2010) EWCA Civ 224: Lawtel 10/3/2010 : [2010] 3 All ER 830: [2010] 1 WLR 2491 : Times, May 10, 2010. Impeaching a judgment for fraud in a personal injury case.
  • 4 Eng v Roger Harper (No.2) (2010) BCLC 176. Setting aside transactions prejudicing creditors under the Insolvency Act 1986.

 

    Commercial Litigation

Clive is one of the UK’s most highly regarded commercial litigators. His formidable commercial practice has earned him praise in Chambers and Partners and The Legal 500 who both rank him highly as a commercial litigator. Recent cases include:

  • Daad Sharab v Prince Al-Waleed [2013] EWHC (Ch) Lawtel 7/8/2013. Commission in respect of sale by Saudi Prince to Colonel Gaddafi.  Court ordered USD 10 million commission based entirely on oral contract where case turned on cross examination. Extracts from Clive Freedman’s cross examination appended to the judgment.
  • Daad Sharab v Prince Al-Waleed (2012) EWHC 1798 Lawtel 5/7/2012. Service out of the jurisdiction on restitution ground
  • Centrehigh v Amen (2013) EWHC 625 (Ch) Lawtel 4/4/2013 : [2013] 4 Costs LO 556
  • VTB v Malofeev and others in the Cayman Court of Appeal (4 June 2013). Application against two non-parties to English proceedings for freezing injunctions raising questions of jurisdiction and discretion. Role of cross examination in applications for non-party costs orders
  • Centrehigh v Amen (2013) EWHC 1448 (Ch): Lawtel 12/6/2013.Highly unusual application for costs against non-parties of many hundreds of thousands of pounds giving rise to numerous interim applications.
  • Knox D’Arcy Operations Ltd v Manches LLP (2013) EWCA Civ 33 [2013] PNLR 18 and Lawtel 7/2/2013
  • Solicitor’s lien and beneficial interests. Application for permission to appeal to Supreme Court

    Company & Partnership

Clive has been instructed in key company and partnership cases due to his attention to detail and ability to quickly understand the complexities of a dispute. Cases include:

  • VTB Capital Plc v Nutritek International Corp (2012) EWCA Civ 808: Lawtel 20/6/2012 : [2012] 2 Lloyd’s Rep 313 : [2012] 2 BCLC 437. Action in fraud/conspiracy by English Bank (subsidiary of Russian bank) raising issues of lifting the corporate veil, jurisdiction, freezing order issues and loss in tort of deceit.  Lifting the corporate veil. (Case subsequently went to the House of Lords where appeal dismissed)
  • Cathie v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 739; Lawtel 1/6/2012: [2012] BCC 813. Direct disqualification order.
  • Dashfield v Davidson [2008] EWHC 486 (Ch): Lawtel 27/3/2008 : [2008] BCC 662 : [2009] 1 BCLC 220. Articles of association regarding transfer of shares by a personal representative at a value based on audited accounts.
  • Wrexham Association Football Club Ltd v Crucialmove Ltd (2006) EWCA Civ 237; Lawtel 14/3/2006 : [2007] BCC 139 : [2008] 1 BCLC 508. Summary judgment, breach of fiduciary duty and third party benefiting from such a breach.
  • Arrow Nominees Inc v Blackledge Lawtel 22/6/2000: [2001] BCC 591 : [2000] 2 BCLC 167 : Times, July 7, 2000. Effect of forged document on procedural fairness of a trial.  Also leading authority on section 459 of Companies Act 1985 (now section 994 of Companies Act 2006)
  • Union Music Ltd v Watson & Anor (2003) EWCA Civ 180; Lawtel 31/1/2003: [2004] BCC 37 : [2003] 1 BCLC 453. Claim between musician and former manager. Court’s power to override shareholders’ agreement.

    Professional Negligence

Clive is praised by the Legal 500 for his professional negligence work. He frequently deals with cases of breach of fiduciary duty, breach of trust and negligence across a wide range of professions. Recent cases include:

  • Knox D’Arcy Operations Ltd v Manches LLP (2013) EWCA Civ 33 [2013] PNLR 18 and Lawtel 7/2/2013. Solicitors’ lien reported in professional negligence law reports
  • Abela v Hammonds (2009). $15m claim for professional negligence, deceit and breach of fiduciary duty/negligence against a solicitor relating to a share sale agreement. (Case settled mid-trial after 8 days).  Lawtel case 9/12/2008
  • Davidson v Woodbridge. Claim in professional negligence by an estate against an executor/accountant. (Case settled during the trial)
  • Spreadex Limited v Jeremy Abbot Barnes and others. Part 20 claim by spread betting company against solicitors in respect of negligent drafting of agreement. (Case settled during trial).
  • MBH Investments v Cobbetts (2008). Solicitor’s negligence claim (settled at court).
  • Linco Care Limited v AXA and others (2007). Insurance broker claim (settled at court at start of four week trial).
  • Maurice Dempsey v Allan Johnstone (2003) EWCA Civ 1134: Lawtel 30/7/2003 : [2004] 1 Costs LR 41 : [2004] PNLR 2. Wasted costs application.
  • John Patrick Mcgowan v Michael Chadwick [2002] EWCA Civ 1758: Lawtel 5/12/2002 : [2003] BPIR 647. Liability of a receiver of Partnership.

    Arbitrations

Clive is highly ranked in The Legal 500 for international arbitration. He frequently acts for high net worth clients from all over the world in high value disputes. 

Recent cases: Due to the confidential nature of arbitration proceedings, the cases below are anonymised.

  • Representing in 2013 a biotech company in a joint venture with a financier.  Case of complexity requiring an immediate resolution brought on from inception to arbitration hearing within less than five months despite complexity and numerous issues raised by both sides.  Case settled on confidential terms (solicitor: Jones Day: Alastair McCulloch).
  • Representing in 2011 a major mining company in an LCIA arbitration concerning contracts entered into by the former management in circumstances where they were alleged to have had an undisclosed interest in the counter-party.  Case settled on confidential terms (solicitor: Asserson Law: Trevor Mascarenhas).
  • Representing in 2010 a mining company in a LCIA arbitration relating to whether multi-million dollar joint venture mining contracts had been novated.
  • Representing in 2009 CIS oil and gas company in an arbitration before Stockholm Chamber of Commerce.  Technical issues relating to potential for drilling wells given by experts.  Repudiatory breach of contract and measure of damages (solicitor: PCB Litigation: Steven Philippsohn).
  • A CIS joint venture agreement before a LCIA arbitrator involving gas and oil issues.  Involved at a late stage in respect of costs and consequential issues and prepared basis of an appeal (solicitor: PCB Litigation: Trevor Mascarenhas).

    Banking

Clive’s impressive banking practice has led to recognition in The Legal 500 where he is highly ranked.

Cases:

  • VTB v Malofeev and others in the Cayman Court of Appeal (4 June 2013). Application against two non-parties to English proceedings for freezing injunctions raising questions of jurisdiction and discretion.
  • National Westminster Bank v June Frankham (2013) EWHC 1199 (QB): Lawtel 16/5/2013. Assumption of responsibility of banker.
  • Anglo Irish Bank Corporation Ltd v Dtz Debenham Tie Leung Ltd (2013) EWHC 596 QBD (comm): Lawtel 7/3/2013. Security for costs in statutory liquidation of Irish bank.
  • VTB Capital Plc v Nutritek International Corp (2012) EWCA Civ 808: Lawtel 20/6/2012: [2012] 2 Lloyd’s Rep 313: [2012] 2 BCLC 437. Action in fraud/conspiracy by English Bank (subsidiary of Russian bank) raising issues of lifting the corporate veil, jurisdiction, freezing order issues and loss in tort of deceit. Fraud on English subsidiary of Russian bank. Effect of participation agreements on right to recover damages. Lifting the corporate veil.
  • Bibby Financial Services Ltd v Richard Magson (2011) EWHC 2495 (QB); Lawtel 19/10/2011.Factoring claim against warrantors/guarantors on factoring agreement.
  • Anglo Irish Asset Finance Plc v Brendan Flood (2011) EWCA Civ 799: Lawtel 11.7.2011. Security for costs against major Irish bank.

    Other

Clive enjoys a broad practice.  His versatility has seen him instructed in other areas of law. Recent cases include:

  • Moran v Manchester City Council (2009) UKHL 36. Intentional homelessness and women’s refuge.
  • Maccaba v Lichtenstein (2004) EWHC 1577 (QB). Slander of a Rabbi raising issues of qualified privilege and confidentiality.
  • Leeds City Council v James Stuart Watkins (2003) EWHC 598 (Ch). Competition and restrictive trade practices.
Silk: 1997  |  Call: 1978
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