Paul Greenwood

Cases Of Interest

Paul Greenwood has been involved in a number of high profile cases.

Paul has been involved in the following cases of interest and significance:-

• OBG Ltd v Allan [2008] 1 AC 1: the leading English case on the economic torts; also decided that tort of conversion does not extent to intangible property. Paul acted for the Defendants, and was led by Gregory Mitchell QC. In respect of the same dispute, he is currently acting for the UK Government in the European Court of Human Rights, led by Jonathan Crow QC.

• In the Matter of Palmier Limited [2009] EWHC 983: Paul acted for the Claimant, without a leader; this case raised a series of difficult factual, legal and procedural questions; twice it went to the Court of Appeal. After a 19 day trial Paul established 2 claims of fraudulent breach of fiduciary duty; the Defendant was ordered to pay more than £5 million and indemnity costs.

• Executors of Edward St George v Sir Jack Hayward (Bahamian Court of Appeal, February, 2010): acted for Sir Jack, led by Robert Hildyard QC, against the estate of his former commercial partner. At stake was the ownership of the most important commercial operations in Freeport, Grand Bahama, worth many £ millions.

• DXPCC v Prudential (due to come to trial next year): this case concerns the application by the Prudential of "market value reductions" on the encashment of with-profits investments.; led by George Bompas QC. The case has far reaching implications for investors in a context which has attracted considerable publicity; it is worth many £ millions.

• In the Matter of Korea Line Corporation (Companies Court, April 2010): concerned the wish of the client to continue an arbitration worth about US$5 notwithstanding that the Defendant was subject to "rehabilitation proceedings" in Korea, which had been recognised in England. The dispute settled.

• In the Matter of L (a Company) (Guernsey, 2010-2011; 19 day trial conducted in camera): in effect a dispute between the 2 controlling shareholder families, the issue concerned the right of directors to inspect company documents. The company's turnover is about $1 billion/annum; clients' application succeeded.

• Tolani v TCI Bank Limited (in liquidation) (Turks & Caicos Supreme Court, March 2010): acted against the Bank, successfully recovering the client's charged assets. The issue was one of legal and commercial significance.

• David Mellor PC QC and others v John Partridge and others (2009, continuing): led by John Brisby QC, Paul acts for the Partridge family in connection with the sale of shares in Partridge Fine Arts plc, previously a leading antique dealer in the world. Systematic fraud was alleged against our clients. The case attracted great publicity; affected public reputations and held significant financial value. We succeeded in having certain claims struck out.

• Hallmark Bank & Trust Limited (TCI, 2009-continuing): concerns a huge US$ multi-million Ponzi scheme in Jamaica and TCI. Paul acted for the Bank, alleged to be liable to various investors; settled in part in February 2011.

• GHLM v Maroos (Chancery Division, trial in October 2011): Paul acts unled for the Claimant. The case concerns alleged fraudulent conduct of former directors. Factually complex, involving a claim for about £2 million.

• Satcover Limited (Companies Court, November 2009): acted for Liquidator/Administrators to obtain urgent ex parte search and freezing orders from Lewison J. against allegedly fraudulent directors on £ multi-million claims.

• Mission Capital plc v Sinclair [2008] BCC 866: acted alone against 2 silks before Floyd J; a leading authority on the provisions of the Companies Act 2006 concerning derivative claims.

• Stimpson & Others v Southern Landlords Association [2009] EWHC 2072, concerning the operation of the new derivative action provisions of the Companies Act 2006;

• Bear Stearns Bank plc v Forum Global Equity Ltd [2007] EWHC 1576, an important decision concerning the contractual force of an oral agreement to sell distressed debt;

• Weston v Dayman [2006] EWCA 1165, a decision of the Court of Appeal concerning the discharge and release of a Receiver appointed under the Criminal Justice Act 1998;

• In the Matter of INS Realisation Ltd [2006] 2 BCLC 239, (Hart J.) the leading authority concerning the operation of section 8A of the Company Directors Disqualification Act 1986;

• Thomson v Christie, Manson & Woods Ltd & Others [2005] EWCA 555, a decision of the Court of Appeal concerning the alleged liability of an auctioneer for advice given to a "special client"; a leading authority in connection with the art world.

• IRC v. The Wimbledon Football Club and Others [2005] 1 BCLC 66, a decision of the Court of Appeal concerning the preferential treatment of "football creditors" in a voluntary arrangement;

• Giles v Rhind [2003] Ch 618, a decision of the Court of Appeal regarding the scope of the decision in Johnson v Gore-Wood, and the personal rights of shareholders;

• T Mobile (UK) v. Bluebottle Investments SA and Others [2003] EWHC 379, the trial of a shareholder dispute concerning Virgin Mobile Telecomms Limited (the decision was appealed but the dispute settled after the hearing in the Court of Appeal but before it gave Judgment);

• Re RBG Resources plc [2002] EWCA Civ 1624, a decision of the Court of Appeal regarding the operation of section 236 of the Insolvency Act 1986. The case involved worldwide fraud on a massive scale, an investigation by the SFO, freezing and search injunctions and the confiscation of passports. I acted for the Defendants.

Publications

Butterworths Practical Insolvency - Chapters in relation to meetings of creditors under the Insolvency Act 1986 and the operation of section 127 of the Insolvency Act 1986
Atkins Court Forms Volumes 9 and 10, Companies and Corporate Insolvency (Butterworths);
Butterworths’ Encyclopaedia of Forms and Precedents Volume 11: Companies.

Appointments

July 1999-July 2005, Junior Counsel to the Crown (B panel)

Professional

Member of the Commercial Bar Association, the Chancery Bar Association and the Insolvency Lawyers Association.