Areas Of Practice
Specialises in litigation concerning, and advice on, all aspects of corporate affairs, including particularly shareholder disputes, directors’ duties (acting for and against DTI), insolvency, and civil fraud asset recovery.
Cases Of Interest
Sheppard v Cooper v TSB Bank Plc [1996] 2 All ER 654 (appointment of administrative receivers 1 hour after demand under debenture);
Re Barton Manufacturing Co Ltd [1998] BCC 827, [1999] 1 BCLC 741 (recovery of company’s assets from directors as transactions at an undervalue, and misfeasance)
Re Dawes & Henderson (Agencies) (No 2) [1999] 2 BCLC 317 (leave for disqualified director to resume acting as a director; acting for director)
Re Galeforce Pleating [1999] 2 BCLC 704 (directors disqualification – duties of a non-executive director – duty to cooperate with Liquidator; acting for DTI)
Morris & Ors v Bank of America National Trust & Savings Association & Ors [2000] 1 All ER 954; The Times, January 25 1999, CA (BCCI; fraudulent trading under s.213 of IA 1986; strike out appeal; CPR’s overriding objective; litigation IT. continuing work on case, including US and global disclosure, US and global witness statements, mediation, case management 2000-2004
Marc Rich & Co Holding GmbH v Krasner & ors Jan 15, 1999, CA; para 25.3.5 White Book 2003 – breach of trust; mareva and proprietary injunctions – application to set aside
Smith vs Spread Trustees & ors (2001-2) breach of trust; fraud; mareva and proprietary injunctions, material non-disclosure, application to set aside
Isoft plc v Misys plc (2002-3) Collins J and CA – non-compete covenant, injunctions, Sudbrook Trading, void for uncertainty
Hamilton v Fayed (No 2) [2002] EWCA Civ 665; [2003] 2 WLR 128 – third party costs – pure funders not normally liable
Kenya Ports Authority vs WIB Ltd (2003-4) – foreign insurance, allegations of breach of trust and grossing up
Appointments
Directors Disqualification list for the DTI, 1997-1999
Overseas Qualifications
Admitted to Bar of South-West Texas, pro hac vice, 1998
Professional
Member of the Commercial Bar Association and the Chancery Bar Association.
Notes
Orlando Fraser is listed as a Leading Junior in Civil Fraud (asset recovery) – in both Legal 500 2003 and Legal Experts 2003
Orlando is the Conservative PPC for North Devon