Until now, the general approach has been that a company cannot claim privilege against its own...
George Green’s band one rated litigation team is led by Morgan Rees and specialises in resolving high value and complex disputes.
The team has experience of all kinds of disputes, ranging from shareholder disputes to public procurement cases to matters involving insolvency, including litigation with an international element. We are routinely instructed in High Court and Court of Appeal litigation, where our track record speaks for itself.
We act for a variety of clients ranging from household names to local businesses and business leaders. Our reputation means that we are often instructed by clients who have been introduced by national and international law and accountancy firms, who know we will afford their clients committed and fearless representation to resolve the disputes they face.
The team’s partners and associates have been recommended by the legal guides for many years, describing Morgan Rees as “a real powerhouse who has a history of conducting truly substantial litigation in Birmingham and London”. In addition to a host of cases settled at mediations on favourable terms prior to trial, their litigation experience includes:
- Magnetic Shields Ltd v Vacuum & Atmosphere Services Ltd [2024] EWHC 2260 (TCC) Represented the defendant in a claim arising from the refurbishment of a vacuum furnace. Following a five day trial, the High Court found that the claimant had not proved its losses and so was only entitled to recover the cost of an investigation report.
- Syspal Capital Ltd v Truman & Anor [2024] EWHC 1561 (Ch) Acted for the claimant in a case concerning the proper interpretation of articles of association and deemed transfer notices. The matter is currently proceeding in the Court of Appeal.
- Gill v Thind [2023] EWCA Civ 1276, [2022] EWHC 2872 (Ch) Successful defence in the High Court, Court of Appeal and Supreme Court following a three week trial of three unfair prejudice petitions and related claims concerning the ownership and management of three companies.
- Patel v Parker [2023] EWHC 1979 (Ch) Acting for the defendant in civil fraud proceedings arising out of a corporate joint venture concerning the development of a bariatric hospital
- Sivier v Riley [2023] EWCA Civ 71, [2022] EWHC 2891 (KB), [2021] EWCA Civ 713, [2021] EWHC 79 (QB) Acted at trial and twice in the Court of Appeal, including successfully representing a journalist in the Court of Appeal concerning the application of a public interest defence to an article he had published concerning Countdown presenter Rachel Riley.
- Medequip Assistive Technology Ltd v Royal Borough Of Kensington And Chelsea [2022] EWHC 3293 (TCC). Represented the claimant in connection with a challenge to the outcome of a procurement process conducted on behalf of the London Community Equipment Consortium.
- Gill v Thind [2020] EWHC 2973 (Ch) Successfully resisted seven derivative and double derivative claims concerning companies operating care and nursing homes. Successfully resisted short notice applications for freezing injunctions.
- Poole v Hinton [2019] EWHC 2331 (Ch). Represented the former chief executive of Claims Direct plc, Colin Poole, in successfully challenging a £21 million proof of debt said to have been assigned by Claims Direct relating to its floatation on the London Stock Exchange. The Court of Appeal subsequently declined an appeal.
- RGB P&C Limited v Victory House General Partner Limited [2019] EWHC 1188 (TCC). Successfully applied for summary judgment in relation to a final account adjudication decision, defeating arguments alleging a breach of natural justice on the part of the adjudicator.
- Re Synergy Biologics Limited [2018] EWHC 999 (Ch). Represented the defendant in a £35 million claim for damages arising from alleged diversions of corporate opportunities. Obtained an injunction restraining the use of the company’s funds on the litigation. The Court of Appeal subsequently declined an appeal.
- Ryder v Lifescan Limited [2016] EWHC 2706 (QB). Acted in a claim for misrepresentation, breach of contract and negligent misstatement arising out of the provision of health screening services.
- Bhushan v Chand [2015] EWHC 1298 (Ch). Represented the defendant at a 15 day trial concerning a multimillion pound constructive trust dispute relating to the acquisition of a portfolio of properties and businesses over 40 years.
- Lynn v Borneos LLP [2014] All ER (D) 257 (Jan). Acted in a US$4 million professional negligence claim against solicitors who had failed to ensure a company specialising in the sale of properties in the Dominican Republic complied with the whitewash procedure under section 151 of the Companies Act 1985 resulting in the unenforceability of a buy back agreement. The dispute culminated in a four day trial.
- Matchbet Ltd v Openbet Retail Ltd [2013] EWHC 3067 (Ch). Represented the claimant in a £65 million claim arising from a breach of a software development and licensing agreement. The dispute culminated in a 17 day trial where both parties called accountancy and gambling industry expert evidence.
- News Group Newspapers Ltd v Capewell (The Guardian, 8 March 2012). Resisted an application for summary judgment by the publishers of the News of the World against a client seeking damages for breaches of confidence and contract arising out of a trial in the Crown Court following which he was found not guilty.
- Imamoglu v JPE (Holdings) Limited [2011] EWHC 2588 (TCC). Appeared for an architect in the trial of a claim concerning the calculation and payment of design fees in connection with the redevelopment of an industrial estate into a waste recycling plant.
- Bovis Homes Ltd v Kendrick Construction Ltd [2009] EWHC 1359 (TCC). Appeared for the defendant in a case considering challenges to court’s jurisdiction in arbitration matters.
- Shakespeare Putsman LLP v Meredith [2008] EWHC 349 (Ch). Conducted an Insolvency Act section 122(1)(e) just and equitable winding up dispute on behalf of an outgoing member of a firm of solicitors. The case concerned the valuation of the firm’s goodwill, including its contingent WIP. The case considered the novel issue of whether a member of an LLP retains any right to petition the court following his expulsion from the partnership.