Morgan Rees

Morgan leads George Green's litigation team. He specialises in complex and high value commercial and corporate litigation. 

Morgan represents claimants and defendants in commercial and corporate litigation including shareholder disputes, insolvency cases, defamation matters and professional negligence claims. Morgan acts for a number of local and national companies and businesses as well as clients based in Europe,  the United States and Asia-Pacific. He is amongst the Midlands’ best known corporate litigators and regularly advises shareholders and companies on unfair prejudice claims, derivative actions, breaches of fiduciary duties and directors disqualification proceedings together with  wider M&A disputes arising from joint ventures, SPAs, earn-outs, warranty claims, good/bad leaver provisions and drag, tag and put rights. 

Morgan has extensive experience of representing clients in complex trials and mediations, often over days or weeks. As a solicitor advocate, he has the right to appear before all courts in England and Wales and has successfully appeared for clients in cases reported in both the law reports and the national press. 

The legal guides have recommended Morgan for over a decade. Morgan is top-ranked in the Legal 500, which describes him as ‘a real powerhouse who has a history of conducting truly substantial litigation in Birmingham and London’. Chambers says ‘Morgan impresses clients with his “painstaking attention to detail” and dedicated, "reassuring" approach to their cases. He has significant experience of advising on high-value disputes and is described as "confident and decisive" in negotiations. He continues to practise as a solicitor advocate and attracts praise for his advocacy from top counsel’. 

Corporate litigation

• 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) Successfully defended majority shareholders 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
• Gill v Thind [2020] EWHC 2973 (Ch) Successfully resisted a shareholder's 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 dismissed an application to appeal against the challenge.
• Re Synergy Biologics Limited [2018] EWHC 999 (Ch) Represented the defendant director in a £35 million claim for damages arising from alleged diversions of corporate opportunities. Obtained an injunction restraining the use of the claimant company’s funds on the litigation on the basis the claimant brought it in response to the director's unfair prejudice petition. The Court of Appeal dismissed an application to appeal against the injunction. 
• 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 with a majority shareholder. The dispute culminated in a four day trial. 
• Hartley v The Registrar of Companies (Re GDH Properties Plc) (Ch) 7 November 2013 Represented the majority shareholder of property development plc whose senior employees had allegedly fraudulently conveyed a number of commercial properties to another company they controlled. 
• 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. 
• Re X Ltd Acted for a minority shareholder in an unfair prejudice petition concerning shares in a food supplement manufacturer valued at £22.5 million. The case settled at mediation, having been listed for a 20 day trial.
• X v Y Acted for the claimant in High Court proceedings arising from the sale of a large national accountancy practice to private equity. The claim settled at mediation in advance of a 7 day trial. 
• X Ltd v Y Acted for the claimant in a seven figure consumer credit claim arising from a litigation funding agreement connected to a minority shareholder's unfair prejudice petition. The claim settled following a mediation in advance of an 8 day trial.
• X v Y Ltd Represented the defendant telecommunications company in a £4.4 million claim brought by minority shareholders for damages and specific performance seeking to compel a company to buy back its own shares. The claim was dismissed.
• Re X Obtained the Charity Commission’s authorisation for High Court proceedings concerning the interpretation of a charitable corporation’s Royal Charter.
• X v Y Ltd Acted for a minority shareholder bringing seven figure injunctive proceedings arising from the misuse of a deemed transfer notice.
• X v Y LLP Acted in a £1.2 million professional negligence claim against solicitors who had failed to advise that directors may have breached their fiduciary duties prior to their acquisition of minority shareholders' interests in a group of care homes. The claim settled at mediation shortly before a 10 day trial.
• Re X Ltd Acted for a director and minority shareholder in an unfair prejudice petition valued around £2 million following his exclusion from a family company that had operated as a partnership for a number of decades. Appeared for the director in the Companies Court.

Commercial litigation

• 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.
• 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. 
• 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. 
• 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 the court’s jurisdiction in arbitration matters.
• X AG v Y Ltd Defended a rectification and restitution claim on a change of position basis where the claimant attempted to recover a £1 million mistaken overpayment made during the course of a supply agreement.
• X v Y Ltd Acted for the claimants in a multimillion pound claim arising out of a developer's failure to use all reasonable endeavours to obtain planning permission for a Strategic Rail Freight Interchange.
• HMRC v X Obtained the strike out of proceedings brought by HMRC seeking payment from a director of a liquidated company's tax liabilities pursuant to section 216 of the Insolvency Act.
• X v Y Ltd Represented the claimants in a seven figure claim arising out of the sinking of a highly specified private yacht and their insurer’s subsequent attempt to avoid the policy.
• X Ltd v Y Defended a £1.3 million guarantee claim where a factoring company had acted in repudiatory breach of the main agreement before the appointment of administrators and subsequent demand upon the guarantees. Appeared with a QC in successfully resisting the claimant’s application for summary judgment.

Defamation and media

• 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.
• 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 at which he was found not guilty. 
• X v Y Defended a group of political activists against claims advanced by a national celebrity. The claims were abandoned.
• X v Y Acted for a senior politician to obtain an injunction restraining the publication of stories concerning his private life.
• X v Y Acted for a senior politician to defend defamation claims arising from the management of a national organisation.
• X v Y Ltd and Z plc Recovered damages from national and regional newspapers which had published articles and pictures identifying the wrong person as an attempted murderer.
• X v Y Defended an individual accused of publishing defamatory statements about a well-known political commentator. The claim was abandoned.