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Oliver Phillips

Call: 2009

Overview

Oliver’s practice covers a broad range of commercial and Chancery litigation and arbitration across a wide variety of commercial and business disputes.

As a sole advocate he appears at all levels of the English court system, conducting trials, appeals, and interim applications of all kinds. He is also often instructed as part of a team of counsel, especially in larger commercial and international disputes. He works across all the principal areas of Chambers’ expertise, with a focus on those areas listed below, and is especially at home with cases which fall into more than one specialist area.

 

Much of Oliver’s work involves an international element or concerns matters in offshore jurisdictions such as Hong Kong, the British Virgin Islands, and the Channel Islands (where he has worked on secondment with one of the leading offshore firms). He is well accustomed to working with clients and counsel teams outside the UK. Oliver currently sits on the International Committee of the Bar Council and has spoken at a number of international seminars and conferences.

Oliver can assist at any stage of a dispute, from pre-action correspondence and negotiations through to settlement or post-judgment enforcement. He has experience of several large-scale disclosure exercises and is familiar with the issues which arise. He has worked on a number of arbitrations under ICC and LCIA rules and has acted in mediations.

Terms of business

More information on Oliver’s experience in his principal practice areas is set out below, and further details can be obtained from the clerks. The clerks are happy to discuss the basis on which Oliver will act in any given matter. In the absence of express written agreement otherwise, the terms under which Oliver accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

Education and qualifications

Oliver graduated with a double First Class degree in Classics from Gonville & Caius College, Cambridge, winning the Schuldham Plate (his college’s highest academic award), the Chancellor’s Medal, and numerous other prizes and scholarships in Classics and music. After further postgraduate study he joined the Middle Temple to train as a barrister, where he was twice awarded a Queen Mother’s Scholarship.

While studying for the Graduate Diploma in Law Oliver won the Maitland Advocacy Prize, reached the final of the ESU/Essex Court National Mooting Competition (winning the Scarman Shield), and mooted in the USA as a representative of the Middle Temple. He was classed as Outstanding in his bar exams, winning the Sweet & Maxwell Prize in Company Law, the BACFI Prize for Commercial Practice, the Baron Dr Ver Heyden de Lancey Prize, and a Certificate of Honour. He joined Maitland Chambers in 2010 following twelve months of pupillage with Daniel Margolin KC, David Mumford KC, Michael Pryor, Amanda Tipples KC (now Mrs Justice Tipples), and Andrew Westwood KC.

“An impressive and responsive advocate with great intellect.” (2022)

Legal 500 UK
Insolvency

“A very diligent junior.” (2021)

Legal 500 UK
Private Client: Trusts and Probate

Expertise

Overview

Oliver’s company law practice is focused on shareholder disputes, including unfair prejudice petitions under s. 994 Companies Act 2006, winding-up petitions on the “just and equitable” ground, and derivative claims. He was instructed in the long-running Apex and Bankside shareholders’ petitions, but also acts and advises in numerous smaller matters and across the whole spectrum of company and partnership law.

Oliver is currently (May 2021) acting in two unfair prejudice petitions in the High Court, one concerning a Hollywood film investment company and the other concerning an established family business in the north of England. He is also acting in proceedings arising out of the collapse of a German corporate structure, in which numerous points of German company law arise.

Oliver’s past company cases include the first shareholder’s derivative action in Guernsey, a Hong Kong dispute over the ownership of a Macau casino company, and a claim concerning the structure of the Eddie Stobart corporate group.

Notable Cases

  • Acting for the minority shareholder in an unfair prejudice petition concerning exclusion from the family business (listed for trial in 2022)
  • Acting for the majority shareholders in an unfair prejudice petition concerning a director’s misappropriation of investors’ funds from a Hollywood film investment company (currently at interlocutory stage)
  • Acting for the husband in a jointly-owned husband-and-wife company in a winding-up petition on the just and equitable ground following the parties’ divorce (currently at interlocutory stage)
  • Re Bankside Hotels Ltd: a series of unfair prejudice petitions and related actions, arising out of a number of hotel development projects in and around London (led by Christopher Parker KC)
  • Apex Global Management Ltd v. Fi Call Ltd : acting in several applications in an unfair prejudice petition between a Jordanian businessman and certain members of the Saudi royal family (led by Robert Howe KC of Blackstone Chambers, Matthew Collings KC, and Daniel Lightman KC of Serle Court)
  • Advising an investor in a Macau casino on an offshore application for interlocutory relief to restrain the wrongful enforcement of security over the investor’s shareholding a US venture capitalist (led by Matthew Collings KC)
  • Cohen v. Stobart Holdings Ltd [2018] EWHC 3642 (Comm): acting in a claim against the Stobart group of companies for non-payment of commission by an offshore subsidiary (see Financial Times article here).
  • Acting in a substantial unfair prejudice petition concerning the development of a luxury shopping precinct in Russia (led by Richard Morgan KC)
  • Assisting, while on secondment to an offshore firm’s Guernsey office, with the first derivative claim brought in the Guernsey courts, following a breakdown in relations between the executive directors of a large closed-ended investment company

Overview

Oliver practises in all areas of contentious bankruptcy and insolvency work. He has a particular expertise in cases where insolvency proceedings are running alongside other proceedings (such as shareholder disputes), and in insolvency cases involving secured creditors, but he also acts in a wide variety of Insolvency Act claims by and against liquidators, administrators, trustees in bankruptcy, and other office-holders. His current instructions (May 2021) include a High Court appeal in a matter concerning a company director’s misappropriation of £2.2m of investors’ funds, and a claim concerning waiver of a security interest in bankruptcy.

Oliver’s past work includes matters arising from the liquidation of one of Hong Kong’s largest insurance firms, the Lehman Brothers collapse, and the insolvency of an offshore cryptocurrency business.

Oliver is a full member of the Insolvency Lawyers’ Association, INSOL, and R3 (the Association of Business Recovery Professionals). ​

Notable Cases

  • Acting for a minority shareholder in a dispute concerning the appointment of administrators to conduct a pre-pack sale of company assets (trial listed in 2022)
  • Acting for a Hollywood film investment company in bankruptcy proceedings against a former director to recover c. £2.2m of misappropriated funds (currently at interlocutory stage)
  • Acting for a secured creditor in a dispute over whether security was waived in bankruptcy (currently at interlocutory stage)
  • Acting for the respondent to an application under s. 423 Insolvency Act 1986 which was opposed on limitation grounds
  • Advising on a liquidator’s claims for alleged director’s misfeasance and transactions at an undervalue under sections 212 and 238 Insolvency Act 1986.
  • Advising in matters arising out of the administration of a former Formula 1 motor racing company (led by Matthew Collings KC)
  • Acting for a community interest company (CIC) in an application by HMRC for the appointment of provisional liquidators.
  • Advising a Gibraltar e-money business on potential challenges to the conduct of joint administrators of an English company, including a challenge to a pre-pack sale.
  • Shah v. Mehra, Re Fine Fabrics [2017] EWHC 3505 (Ch): acting in two High Court applications arising in the winding-up of a dissolved partnership.
  • Anglo Starlite v. NCMF: advising on proceedings brought in Hong Kong by liquidators of a motor insurer against the company’s former auditors for negligence in failing to detect a fraud being committed by the insurer’s shareholder and director (led by David Mumford KC).

Overview

Oliver has a broad commercial chancery practice covering a wide range of commercial disputes, often with an international or offshore element. His current instructions (May 2021) include an accountants’ professional negligence claim in the High Court which raises issues of German law and the application of the exclusive jurisdiction provisions of the EU Brussels I Regulation post-Brexit. He was recently instructed in a substantial class-action lawsuit concerning a failed film finance investment scheme.

Oliver’s earlier work ranges from claims under aircraft brokerage agreements and coffee derivative trading contracts to disputes over auditors’ negligence in Hong Kong, enforcing Swiss arbitration awards in Guernsey, and the ownership of Blackpool Football Club.

Notable Cases

  • Acting for a firm of accountants in a High Court professional negligence claim arising out of the collapse of a German corporate structure (settled in 2021)
  • Acting for a large number of former investors in a failed film finance scheme in a class-action fraudulent misselling claim to recover >£1bn losses
  • Cohen v. Stobart Holdings Ltd [2018] EWHC 3642 (Comm): acting for an aircraft broker on a claim for unpaid commission on an aircraft sale (see Financial Times article here).
  • Acting for the majority shareholder in Blackpool Football Club in various applications concerning enforcement of a £31m judgment (led by Matthew Collings KC).
  • Acting for an offshore company seeking to discharge restraint orders granted under the Criminal Justice Act 1988 over assets worth several billion dollars (led by Paul Girolami QC and James Aldridge KC).
  • Acting in a civil fraud claim brought by former investors in the uSwitch price comparison business against its founder (led by Anthony Trace KC and Benjamin John)
  • Acting in an urgent application for a proprietary and freezing injunction in support of Israeli proceedings concerning the beneficial ownership of shares in a property investment company (led by Timothy Dutton KC).
  • Advising on a claim for injunctive relief to enforce restrictive covenants against a former employee of an oil & gas business (led by Richard Morgan KC).
  • Acting for the developers of a luxury offshore property in the French overseas collectivity of Saint Barthélemy in a sub-contractor’s claim for payment.
  • Acting for the manufacturer of industrial mixing equipment in a substantial TCC claim alleging defective workmanship and repair (led by Andrew Ayres KC of 20 Essex Street)

Overview

Oliver was seconded to one of the leading offshore firms in the Channel Islands in his early years of practice. As a member of the International Committee of the Bar Council he retains an active interest in international and offshore work. His current instructions (May 2021) include advising on a large and long-running offshore family trust and probate dispute, working with a team of English and local counsel. His past work includes advising on cases in the British Virgin Islands, France, Gibraltar, Greece, Guernsey, Hong Kong, and St Kitts & Nevis. Oliver regularly visits some of the major offshore jurisdictions and has spoken at conferences in Guernsey and Shanghai.

Notable Cases

  • Advising in relation to a large and long-running offshore family trust and probate dispute (with a team of English and local counsel)
  • Advising an investor in a Macau casino on an offshore application for interlocutory relief to restrain the wrongful enforcement of security over the investor’s shareholding a US venture capitalist (led by Matthew Collings KC)
  • Advising on various issues in Gibraltar property law concerning beneficial ownership and grants of security, including claims for undue influence.
  • Advising on various cases under the Nevis Limited Liability Company Ordinance (led by Anthony Trace KC and Louise Hutton KC of Essex Court Chambers).
  • Anglo Starlite v. NCMF: advising (with David Mumford KC) on proceedings brought in Hong Kong by liquidators of a motor insurer against the company’s former auditors for negligence in failing to detect a fraud being committed by the insurer’s shareholder and director.
  • Advising on the recognition of judgments of the French courts (the Tribunal de Commerce, the Cour d’Appel, and the Cour de Cassation) in England under the Brussels I Regulation, the 1934 Convention between the UK and France, and the English common law.
  • Masri v. Consolidated Contractors International Co SAL [2011] EWHC 1780 (Comm) (led by Alistair Schaff QC of 7 King’s Bench Walk and David Mumford KC)

Overview

Oliver acts in a wide range of real estate cases, both contentious and non-contentious. His recent work (May 2021) includes advising on the structure of an offshore property investment unit trust, advising on a potential water ingress claim between two riparian owners, and acting for residents of a Surrey development  in litigation against the developer for defective installation of a distributed heating system. He has also acted in a number of estate agents’ commission claims. In 2012 he appeared (with Edwin Johnson KC) in Day v Hosebay Ltd, the leading Supreme Court decision on the meaning of the word “house” in the Leasehold Reform Act 1967.

Notable Cases

  • Acting in a claim for estate agent’s commission on the sale of a £4.95m property development site in West London
  • Acting for a Seychelles-incorporated, Ukrainian-owned company in High Court proceedings concerning the beneficial ownership of residential property in central London (led by Catherine Newman KC)
  • Acting in an Upper Tribunal appeal in a residential service charge case, which raised issues about qualifying long term agreements and the First-tier Tribunal’s costs jurisdiction
  • Acting (with James Hanham) in a two-week High Court trial of claims concerning the adequacy of reinstatement work following a fire in a multimillion pound property in central London
  • Acting for the management company of a residential estate in Surrey in a building services dispute between the residents, the management company, and the developer
  • Advising on an adverse possession and proprietary estoppel case concerning the acquisition of a private right of way over a driveway
  • Advising a national transport infrastructure manager on a claim for adverse possession of part of the transport network
  • Advising the owners of a riparian property on a claim against a neighbouring property for water ingress
  • Day v. Hosebay Ltd [2012] UKSC 41, [2012] 1 WLR 2884: appearing (with Edwin Johnson KC) for the successful appellants before a seven-judge panel of the Supreme Court in an appeal concerning the meaning of the word ‘house’ in the Leasehold Reform Act 1967

Overview

Oliver’s private client work is mainly focused on advising in contentious trust and probate matters in England and other jurisdictions. He is currently (May 2021) advising on a large and long-running offshore family trust and probate dispute, working with a team of English and local counsel. His other probate work includes a dispute concerning the right of burial where the deceased died intestate.

Overview

Oliver is often instructed in media & entertainment disputes which overlap with his core areas of expertise, particularly company and insolvency cases. He is currently (May 2021) acting in a shareholders’ dispute concerning a Hollywood film investment company, and was recently instructed in a substantial class-action lawsuit concerning a failed film finance investment scheme. In the past he was involved in the long-running dispute between STV and ITV, the Monty Python Spamalot royalty case, and insolvency proceedings concerning the Africa Channel. He has also acted for the estate of the film and musicals composer Lionel Bart.

Directory quotes

Legal 500 UK
Insolvency

“An impressive and responsive advocate with great intellect.” (2022)

Legal 500 UK
Private Client: Trusts and Probate

“A very diligent junior.” (2021)

Memberships

  • American Bar Association
  • Chancery Bar Association
  • CamARB
  • COMBAR
  • Commonwealth Lawyers Association
  • Financial Services Lawyers Association
  • INSOL
  • Insolvency Lawyers Association
  • Inter-Pacific Bar Association
  • Property Bar Association
  • R3

 Qualifications

  • MA (Cantab) Classics (Double First)
  • MPhil (Cantab) Classics
  • GDL (City)

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Oliver Phillips

Call: 2009

ophillips@maitlandchambers.com

“An impressive and responsive advocate with great intellect.” (2022)

Legal 500 UK

Insolvency

Overview

Oliver’s practice covers a broad range of commercial and Chancery litigation and arbitration across a wide variety of commercial and business disputes.

As a sole advocate he appears at all levels of the English court system, conducting trials, appeals, and interim applications of all kinds. He is also often instructed as part of a team of counsel, especially in larger commercial and international disputes. He works across all the principal areas of Chambers’ expertise, with a focus on those areas listed below, and is especially at home with cases which fall into more than one specialist area.

Much of Oliver’s work involves an international element or concerns matters in offshore jurisdictions such as Hong Kong, the British Virgin Islands, and the Channel Islands (where he has worked on secondment with one of the leading offshore firms). He is well accustomed to working with clients and counsel teams outside the UK. Oliver currently sits on the International Committee of the Bar Council and has spoken at a number of international seminars and conferences.

Oliver can assist at any stage of a dispute, from pre-action correspondence and negotiations through to settlement or post-judgment enforcement. He has experience of several large-scale disclosure exercises and is familiar with the issues which arise. He has worked on a number of arbitrations under ICC and LCIA rules and has acted in mediations.

Terms of business

More information on Oliver’s experience in his principal practice areas is set out below, and further details can be obtained from the clerks. The clerks are happy to discuss the basis on which Oliver will act in any given matter. In the absence of express written agreement otherwise, the terms under which Oliver accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

Education and qualifications

Oliver graduated with a double First Class degree in Classics from Gonville & Caius College, Cambridge, winning the Schuldham Plate (his college’s highest academic award), the Chancellor’s Medal, and numerous other prizes and scholarships in Classics and music. After further postgraduate study he joined the Middle Temple to train as a barrister, where he was twice awarded a Queen Mother’s Scholarship.

While studying for the Graduate Diploma in Law Oliver won the Maitland Advocacy Prize, reached the final of the ESU/Essex Court National Mooting Competition (winning the Scarman Shield), and mooted in the USA as a representative of the Middle Temple. He was classed as Outstanding in his bar exams, winning the Sweet & Maxwell Prize in Company Law, the BACFI Prize for Commercial Practice, the Baron Dr Ver Heyden de Lancey Prize, and a Certificate of Honour. He joined Maitland Chambers in 2010 following twelve months of pupillage with Daniel Margolin KC, David Mumford KC, Michael Pryor, Amanda Tipples KC (now Mrs Justice Tipples), and Andrew Westwood KC.

Memberships

  • American Bar Association
  • Chancery Bar Association
  • CamARB
  • COMBAR
  • Commonwealth Lawyers Association
  • Financial Services Lawyers Association
  • INSOL
  • Insolvency Lawyers Association
  • Inter-Pacific Bar Association
  • Property Bar Association
  • R3

 Qualifications

  • MA (Cantab) Classics (Double First)
  • MPhil (Cantab) Classics
  • GDL (City)

Company, Partnerships & LLPs

Oliver’s company law practice is focused on shareholder disputes, including unfair prejudice petitions under s. 994 Companies Act 2006, winding-up petitions on the “just and equitable” ground, and derivative claims. He was instructed in the long-running Apex and Bankside shareholders’ petitions, but also acts and advises in numerous smaller matters and across the whole spectrum of company and partnership law.

Oliver is currently (May 2021) acting in two unfair prejudice petitions in the High Court, one concerning a Hollywood film investment company and the other concerning an established family business in the north of England. He is also acting in proceedings arising out of the collapse of a German corporate structure, in which numerous points of German company law arise.

Oliver’s past company cases include the first shareholder’s derivative action in Guernsey, a Hong Kong dispute over the ownership of a Macau casino company, and a claim concerning the structure of the Eddie Stobart corporate group.

  • Acting for the minority shareholder in an unfair prejudice petition concerning exclusion from the family business (listed for trial in 2022)
  • Acting for the majority shareholders in an unfair prejudice petition concerning a director’s misappropriation of investors’ funds from a Hollywood film investment company (currently at interlocutory stage)
  • Acting for the husband in a jointly-owned husband-and-wife company in a winding-up petition on the just and equitable ground following the parties’ divorce (currently at interlocutory stage)
  • Re Bankside Hotels Ltd: a series of unfair prejudice petitions and related actions, arising out of a number of hotel development projects in and around London (led by Christopher Parker KC)
  • Apex Global Management Ltd v. Fi Call Ltd : acting in several applications in an unfair prejudice petition between a Jordanian businessman and certain members of the Saudi royal family (led by Robert Howe KC of Blackstone Chambers, Matthew Collings KC, and Daniel Lightman KC of Serle Court)
  • Advising an investor in a Macau casino on an offshore application for interlocutory relief to restrain the wrongful enforcement of security over the investor’s shareholding a US venture capitalist (led by Matthew Collings KC)
  • Cohen v. Stobart Holdings Ltd [2018] EWHC 3642 (Comm): acting in a claim against the Stobart group of companies for non-payment of commission by an offshore subsidiary (see Financial Times article here).
  • Acting in a substantial unfair prejudice petition concerning the development of a luxury shopping precinct in Russia (led by Richard Morgan KC)
  • Assisting, while on secondment to an offshore firm’s Guernsey office, with the first derivative claim brought in the Guernsey courts, following a breakdown in relations between the executive directors of a large closed-ended investment company

Insolvency & Restructuring

Oliver practises in all areas of contentious bankruptcy and insolvency work. He has a particular expertise in cases where insolvency proceedings are running alongside other proceedings (such as shareholder disputes), and in insolvency cases involving secured creditors, but he also acts in a wide variety of Insolvency Act claims by and against liquidators, administrators, trustees in bankruptcy, and other office-holders. His current instructions (May 2021) include a High Court appeal in a matter concerning a company director’s misappropriation of £2.2m of investors’ funds, and a claim concerning waiver of a security interest in bankruptcy.

Oliver’s past work includes matters arising from the liquidation of one of Hong Kong’s largest insurance firms, the Lehman Brothers collapse, and the insolvency of an offshore cryptocurrency business.

Oliver is a full member of the Insolvency Lawyers’ Association, INSOL, and R3 (the Association of Business Recovery Professionals). ​

  • Acting for a minority shareholder in a dispute concerning the appointment of administrators to conduct a pre-pack sale of company assets (trial listed in 2022)
  • Acting for a Hollywood film investment company in bankruptcy proceedings against a former director to recover c. £2.2m of misappropriated funds (currently at interlocutory stage)
  • Acting for a secured creditor in a dispute over whether security was waived in bankruptcy (currently at interlocutory stage)
  • Acting for the respondent to an application under s. 423 Insolvency Act 1986 which was opposed on limitation grounds
  • Advising on a liquidator’s claims for alleged director’s misfeasance and transactions at an undervalue under sections 212 and 238 Insolvency Act 1986.
  • Advising in matters arising out of the administration of a former Formula 1 motor racing company (led by Matthew Collings KC)
  • Acting for a community interest company (CIC) in an application by HMRC for the appointment of provisional liquidators.
  • Advising a Gibraltar e-money business on potential challenges to the conduct of joint administrators of an English company, including a challenge to a pre-pack sale.
  • Shah v. Mehra, Re Fine Fabrics [2017] EWHC 3505 (Ch): acting in two High Court applications arising in the winding-up of a dissolved partnership.
  • Anglo Starlite v. NCMF: advising on proceedings brought in Hong Kong by liquidators of a motor insurer against the company’s former auditors for negligence in failing to detect a fraud being committed by the insurer’s shareholder and director (led by David Mumford KC).

Commercial Disputes

Oliver has a broad commercial chancery practice covering a wide range of commercial disputes, often with an international or offshore element. His current instructions (May 2021) include an accountants’ professional negligence claim in the High Court which raises issues of German law and the application of the exclusive jurisdiction provisions of the EU Brussels I Regulation post-Brexit. He was recently instructed in a substantial class-action lawsuit concerning a failed film finance investment scheme.

Oliver’s earlier work ranges from claims under aircraft brokerage agreements and coffee derivative trading contracts to disputes over auditors’ negligence in Hong Kong, enforcing Swiss arbitration awards in Guernsey, and the ownership of Blackpool Football Club.

  • Acting for a firm of accountants in a High Court professional negligence claim arising out of the collapse of a German corporate structure (settled in 2021)
  • Acting for a large number of former investors in a failed film finance scheme in a class-action fraudulent misselling claim to recover >£1bn losses
  • Cohen v. Stobart Holdings Ltd [2018] EWHC 3642 (Comm): acting for an aircraft broker on a claim for unpaid commission on an aircraft sale (see Financial Times article here).
  • Acting for the majority shareholder in Blackpool Football Club in various applications concerning enforcement of a £31m judgment (led by Matthew Collings KC).
  • Acting for an offshore company seeking to discharge restraint orders granted under the Criminal Justice Act 1988 over assets worth several billion dollars (led by Paul Girolami QC and James Aldridge KC).
  • Acting in a civil fraud claim brought by former investors in the uSwitch price comparison business against its founder (led by Anthony Trace KC and Benjamin John)
  • Acting in an urgent application for a proprietary and freezing injunction in support of Israeli proceedings concerning the beneficial ownership of shares in a property investment company (led by Timothy Dutton KC).
  • Advising on a claim for injunctive relief to enforce restrictive covenants against a former employee of an oil & gas business (led by Richard Morgan KC).
  • Acting for the developers of a luxury offshore property in the French overseas collectivity of Saint Barthélemy in a sub-contractor’s claim for payment.
  • Acting for the manufacturer of industrial mixing equipment in a substantial TCC claim alleging defective workmanship and repair (led by Andrew Ayres KC of 20 Essex Street)

International & Offshore

Oliver was seconded to one of the leading offshore firms in the Channel Islands in his early years of practice. As a member of the International Committee of the Bar Council he retains an active interest in international and offshore work. His current instructions (May 2021) include advising on a large and long-running offshore family trust and probate dispute, working with a team of English and local counsel. His past work includes advising on cases in the British Virgin Islands, France, Gibraltar, Greece, Guernsey, Hong Kong, and St Kitts & Nevis. Oliver regularly visits some of the major offshore jurisdictions and has spoken at conferences in Guernsey and Shanghai.

  • Advising in relation to a large and long-running offshore family trust and probate dispute (with a team of English and local counsel)
  • Advising an investor in a Macau casino on an offshore application for interlocutory relief to restrain the wrongful enforcement of security over the investor’s shareholding a US venture capitalist (led by Matthew Collings KC)
  • Advising on various issues in Gibraltar property law concerning beneficial ownership and grants of security, including claims for undue influence.
  • Advising on various cases under the Nevis Limited Liability Company Ordinance (led by Anthony Trace KC and Louise Hutton KC of Essex Court Chambers).
  • Anglo Starlite v. NCMF: advising (with David Mumford KC) on proceedings brought in Hong Kong by liquidators of a motor insurer against the company’s former auditors for negligence in failing to detect a fraud being committed by the insurer’s shareholder and director.
  • Advising on the recognition of judgments of the French courts (the Tribunal de Commerce, the Cour d’Appel, and the Cour de Cassation) in England under the Brussels I Regulation, the 1934 Convention between the UK and France, and the English common law.
  • Masri v. Consolidated Contractors International Co SAL [2011] EWHC 1780 (Comm) (led by Alistair Schaff QC of 7 King’s Bench Walk and David Mumford KC)

Real Estate

Oliver acts in a wide range of real estate cases, both contentious and non-contentious. His recent work (May 2021) includes advising on the structure of an offshore property investment unit trust, advising on a potential water ingress claim between two riparian owners, and acting for residents of a Surrey development  in litigation against the developer for defective installation of a distributed heating system. He has also acted in a number of estate agents’ commission claims. In 2012 he appeared (with Edwin Johnson KC) in Day v Hosebay Ltd, the leading Supreme Court decision on the meaning of the word “house” in the Leasehold Reform Act 1967.

  • Acting in a claim for estate agent’s commission on the sale of a £4.95m property development site in West London
  • Acting for a Seychelles-incorporated, Ukrainian-owned company in High Court proceedings concerning the beneficial ownership of residential property in central London (led by Catherine Newman KC)
  • Acting in an Upper Tribunal appeal in a residential service charge case, which raised issues about qualifying long term agreements and the First-tier Tribunal’s costs jurisdiction
  • Acting (with James Hanham) in a two-week High Court trial of claims concerning the adequacy of reinstatement work following a fire in a multimillion pound property in central London
  • Acting for the management company of a residential estate in Surrey in a building services dispute between the residents, the management company, and the developer
  • Advising on an adverse possession and proprietary estoppel case concerning the acquisition of a private right of way over a driveway
  • Advising a national transport infrastructure manager on a claim for adverse possession of part of the transport network
  • Advising the owners of a riparian property on a claim against a neighbouring property for water ingress
  • Day v. Hosebay Ltd [2012] UKSC 41, [2012] 1 WLR 2884: appearing (with Edwin Johnson KC) for the successful appellants before a seven-judge panel of the Supreme Court in an appeal concerning the meaning of the word ‘house’ in the Leasehold Reform Act 1967

Private Client

Oliver’s private client work is mainly focused on advising in contentious trust and probate matters in England and other jurisdictions. He is currently (May 2021) advising on a large and long-running offshore family trust and probate dispute, working with a team of English and local counsel. His other probate work includes a dispute concerning the right of burial where the deceased died intestate.

Media & Entertainment

Oliver is often instructed in media & entertainment disputes which overlap with his core areas of expertise, particularly company and insolvency cases. He is currently (May 2021) acting in a shareholders’ dispute concerning a Hollywood film investment company, and was recently instructed in a substantial class-action lawsuit concerning a failed film finance investment scheme. In the past he was involved in the long-running dispute between STV and ITV, the Monty Python Spamalot royalty case, and insolvency proceedings concerning the Africa Channel. He has also acted for the estate of the film and musicals composer Lionel Bart.