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Olivier Kalfon

Call: 2003

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Overview

Olivier specialises in commercial chancery litigation with a strong emphasis on business disputes (often with an international dimension), civil fraud, company and insolvency, and banking / financial services litigation.

He is recommended in the directories as a leading junior in numerous practice areas including commercial litigation (Legal 500), dispute resolution: commercial chancery (Chambers Global) chancery: commercial (Chambers UK), offshore (Legal 500) and restructuring/insolvency (Legal 500, Chambers Global and Chambers UK). The directories have described Olivier as “a confident and assertive advocate with a sharp intellect”, who “turns judges around, and is very impressive in court. He's not easily deflected - he's got real steel.” Olivier is “very clever, very reliable and a great team player” as well as being “responsive, attentive and a consistent pleasure to deal with”. “He’s the full package”.

 

Terms of Business 

The clerks are happy to discuss the basis on which Olivier will act in any given matter. In the absence of express written agreement otherwise, the terms under which Olivier 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.

“His written work is outstanding and always completely meticulous, and he also has an excellent way with judges. He's measured, doesn't take superfluous points and keeps to the core of his argument.” (2022)

Chambers UK
Restructuring/Insolvency

“A silk in the making, who's excellent at trial preparation and adept at handling complex, multi-handed cases.” (2022)

Chambers UK
Chancery: Commercial

“A sublime tactician. Very easy to work with and client-friendly. A truly modern practitioner of the Bar who is down to earth but with razor-sharp legal skills and subtle but deft advocacy skills.” (2022)

Legal 500 UK
Commercial Litigation

“A truly modern practitioner of the bar who is down to earth but with razor sharp legal skills and subtle but deft advocacy skills.” (2022)

Legal 500 UK
Offshore

Expertise

Commercial Disputes & Civil Fraud 

Overview

Olivier's practice includes heavy business disputes within a wide range of sectors, civil fraud (such as freezing orders and other interim relief, asset-tracing and recovery, and civil claims based on dishonesty), litigation arising out of share and business sale agreements, and jurisdiction / choice of law disputes. 

Notable Cases

Recent and ongoing work includes:

  • Acting (leading Edward Armitage) for the sellers in a share sale dispute worth in excess of £8m involving allegations of fraudulent breach of warranty and misrepresentation.
  • Sheikh Mohamed Bin Issa Al Jaber v Bosheh [2021]: multi million-pound civil fraud claim involving allegations of identity theft and document manipulation (as case leader). Successful application to discharge freezing injunction for material non-disclosure ([2018] 11 WLUK 46). Case settled.
  • Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader). Trial in phases between 2019-2021.
  • Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
  • Acting in LCIA arbitration proceedings about a £1bn family-owned group in a shareholder dispute (led by Dominic Chambers KC).

Company, Partnerships & Insolvency 

Overview

Olivier's practice includes shareholder disputes, partnership disputes, joint ventures, directors’ duties, corporate and personal insolvency, property issues in insolvency, antecedent transaction avoidance, applications to challenge or remove office holders, bond claims and cross-border insolvency. 

Notable Cases

Recent and ongoing work includes:

  • Re Bitumina Industries Ltd [2022] EWHC 2578 (Ch) – Olivier (leading Joseph Bunting) acted for the Joint Administrators of the company. The case concerned the creation of a floating charge, and its enforceability under Section 245 of the Insolvency Act 1986. It entailed a route and branch consideration of Section 245, its effect, construction, scope and interaction with authorities under the previous insolvency statutes. The judge (at [36] and [122]) praised their submissions, noting the “great deal of benefit” he had derived from their “closely-reasoned analysis”.
  • Arlington Infrastructure Ltd (In Administration) v Woolrych [2020] EWHC 3123 (Ch): successful High Court challenge of out of court appointment of administrators over energy companies (as case leader).
  • Hellard v Registrar of Companies [2020] EWHC 1561 (Ch): test case concerning company restoration applications in which the Court considered the scope of the sweep up provision in section 1029(2), Companies Act 2006 (as sole advocate).
  • Acting in cross-border insolvency claim for c.£250 million brought by the liquidator of a BVI company (as case leader). Chancery Division, 2020. Case settled.
  • Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader). Trial in phases between 2019-2021.
  • Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
  • Acting in LCIA arbitration proceedings about a £1bn family-owned group in a shareholder dispute (led by Dominic Chambers KC).

International & Offshore 

Overview

Olivier has offshore legal experience and was admitted to the Bar in the Cayman Islands in 2006. In 2016 Olivier was admitted to practice as a Legal Practitioner in the Eastern Caribbean Supreme Court (BVI). 

Notable Cases

Recent and ongoing work includes:

  • Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader). Trial in phases between 2019-2021.
  • Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
  • Acting in cross-border insolvency claim for c.£250 million brought by the liquidator of a BVI company (as case leader). Chancery Division, 2020. Case settled.

Banking & Financial Services 

Overview

Olivier's practice includes investment banking and private equity disputes, mis-selling claims, secured lending, asset financing and claims under guarantees and indemnities.

Professional Negligence 

Overview

Olivier's practice includes claims against insolvency practitioners, accountants and solicitors.

Notable Cases 

Overview

Olivier's notable cases include:

  • Re Bitumina Industries Ltd [2022] EWHC 2578 (Ch): case concerning the creation of a floating charge, and its enforceability under Section 245 of the Insolvency Act 1986 (as case leader).
  • Arlington Infrastructure Ltd (In Administration) v Woolrych [2020] EWHC 3123 (Ch): challenge of out-of-court appointment of administrators (as case leader).
  • Hellard v Registrar of Companies [2020] EWHC 1561 (Ch): test case concerning company restoration applications (as sole advocate).
  • Sheikh Mohamed Bin Issa Al Jaber v Salfiti [2018] EWHC 3038 (Ch): discharge of freezing injunction for material non-disclosure (as case leader).
  • Sandhu v Nagra [2018] EWHC 763 (Ch): trial of shareholder dispute (as sole advocate).
  • Greig v Lauchlan [2017] EWHC 535 (Ch): trial of undue influence / constructive trust claim (closing submissions, as sole advocate).
  • Thomas v Triodos Bank NV [2017] EWHC 314 (QB): trial concerning existence and extent of ‘information duty’ in a non-advised transaction between banker and customer (as sole advocate).
  • Lord Chancellor v Blavo [2016] EWHC 126 (QB): contested application for freezing order against managing director of firm of solicitors accused of £22m fraud against the Legal Aid Agency (as sole advocate).
  • Smith v Jafton [2013] 4 WLUK 291
  • Point West Trust London v Rothschild Trust (Bermuda) [2012] EWCA Civ 884 (Court of Appeal, led)
  • Association of Chartered Certified Accountants v Koumettou [2012] EWHC 1265 (Ch)
  • Bramston v Ball [2011] EWCA Civ 977 (Court of Appeal, as sole advocate)
  • Secretary of State for Business, Innovation & Skills v Baer Ltd [2011] EWCA Civ 420 (Court of Appeal, as sole advocate)
  • Institute of Chartered Accountants in England and Wales v Webb [2009] EWHC 3461 (Ch
  • Dayman v Aziz [2008] EWHC 2244 (Ch).  

Directory quotes

Legal 500 UK
Commercial Litigation

“A sublime tactician. Very easy to work with and client-friendly. A truly modern practitioner of the Bar who is down to earth but with razor-sharp legal skills and subtle but deft advocacy skills.” (2022)

Legal 500 UK
Commercial Litigation

“A real pleasure to work with and refreshingly straight-forward and fuss-free in his approach.” (2021)

Legal 500 UK
Commercial Litigation

“Given the breadth of his skill and his marvellous advocacy, it is no wonder he is so busy.” (2020)

 

Legal 500 UK
Commercial Litigation

“A well-regarded commercial Chancery junior.” (2019)

Legal 500 UK
Commercial Litigation

“Sharp as a razor, but supremely practical and astute tactically.” (2017)

Legal 500 UK
Insolvency

“Olivier is thorough and has an exceptional understanding of insolvency law and practice.” (2022)

Legal 500 UK
Insolvency

“Incredibly easy to work with while being very intelligent and effective.” (2021)

Legal 500 UK
Insolvency

“He is the rising star of the Chancery and commercial Bar.” (2020)

Legal 500 UK
Insolvency

“His technical ability is his particular strength.” (2019)

Legal 500 UK
Insolvency

“...... easily makes the complicated seem simple.” (2017)

Legal 500 UK
Offshore

“A truly modern practitioner of the bar who is down to earth but with razor sharp legal skills and subtle but deft advocacy skills.” (2022)

Chambers UK
Chancery: Commercial

“A silk in the making, who's excellent at trial preparation and adept at handling complex, multi-handed cases.” (2022)

Legal 500 UK
Offshore

“Has all the qualities of an excellent silk while only being a junior.” (2021)

Chambers UK
Dispute Resolution: Commercial Chancery

“His advice is very succinct, extremely user-friendly and highly commercial. He takes a very sensible approach to cases and is extremely accommodating as well. His advocacy is very, very good." "He is very hands-on, responsive and level-headed. He is also sensible and strategic, and his written work is extremely clear.” (2021)

Chambers UK
Dispute Resolution: Commercial Chancery

“He's extremely knowledgeable and someone who I would expect a very strong fight from, regardless of the merits of the case.” (2020)

Chambers UK
Dispute Resolution: Commercial Chancery

“Extremely capable intellectually and robust in terms of his advocacy, he is a tenacious advocate. Very little, if anything, gets past him. He doesn't play dirty and never veers away from being entirely appropriate in what he does and says in court." "His work on pleadings is impressive; he has a very easy drafting style that is clear and to the point.” (2019)

Chambers UK
Dispute Resolution: Commercial Chancery

“If you're against him, you know you're in for a good battle and one that you'll probably enjoy." "He's got a really nice style on his feet, one the judge really warms to, and his command of the papers is excellent.” (2018)

Chambers UK
Dispute Resolution: Commercial Chancery

“He is personable, commercial and fully understands the business and commercial context within which banks work. He is very popular with clients and highly respected in his area.” (2017)

Chambers UK
Restructuring/Insolvency

“His written work is outstanding and always completely meticulous, and he also has an excellent way with judges. He's measured, doesn't take superfluous points and keeps to the core of his argument.” (2022)

Chambers UK
Restructuring/Insolvency

“A very good senior junior and a solid, safe pair of hands who gets the job done." "His written work is excellent.” (2021)

Chambers UK
Restructuring/Insolvency

“A polished advocate with notable gravitas in court. He's calm and measured in his delivery and is very tactically astute. His advocacy is very calm, measured and he's a pleasure to listen to. He's able to deal with anything that the other side throw at him." "He can jump seamlessly and confidently from one complicated case to another. He is organised and thorough, and judges like him because he instinctively knows which points to emphasise and which to drop.” (2020)

Chambers UK
Restructuring/Insolvency

“He is a strong advocate and a respected adviser. He is always calm and considered in his advice and is very good with clients." "He is a go-to junior for insolvency litigation and is incredibly strong when dealing with financially complex and multi-jurisdictional matters.” (2019)

Chambers UK
Restructuring/Insolvency

“He's good on paper, good on his feet and always willing to get stuck in.” (2018)

Chambers UK
Restructuring/Insolvency

“Olivier will make himself available as soon as he can, his written work is fantastic and clients love him. He's the full package.” (2017)

Chambers UK
Restructuring/Insolvency

“He is technically excellent, very focused and extremely pleasant to deal with.” (2016)

Chambers UK


“A strong advocate and a respected adviser. He is always calm and considered, and is good with clients.” (2017)

Memberships

  • Commercial Bar Association
  • Commercial Fraud Lawyers Association
  • Chancery Bar Association
  • British-Russian Law Association

Languages

  • French (fluent)

Qualifications

  • BSc Economics (LSE)

Publications

  • Annotated Guide to Insolvency Legislation and Practice (Butterworths) - Editor
  • Butterworth’s Property Insolvency (2015) - Editor
  • Jowitt’s Dictionary of English Law (3rd edition, Sweet & Maxwell) - Contributor

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Olivier Kalfon

Call: 2003

okalfon@maitlandchambers.com

“His written work is outstanding and always completely meticulous, and he also has an excellent way with judges. He's measured, doesn't take superfluous points and keeps to the core of his argument.” (2022)

Chambers UK

Restructuring/Insolvency

Overview

Olivier specialises in commercial chancery litigation with a strong emphasis on business disputes (often with an international dimension), civil fraud, company and insolvency, and banking / financial services litigation.

He is recommended in the directories as a leading junior in numerous practice areas including commercial litigation (Legal 500), dispute resolution: commercial chancery (Chambers Global) chancery: commercial (Chambers UK), offshore (Legal 500) and restructuring/insolvency (Legal 500, Chambers Global and Chambers UK). The directories have described Olivier as “a confident and assertive advocate with a sharp intellect”, who “turns judges around, and is very impressive in court. He's not easily deflected - he's got real steel.” Olivier is “very clever, very reliable and a great team player” as well as being “responsive, attentive and a consistent pleasure to deal with”. “He’s the full package”.

Terms of Business 

The clerks are happy to discuss the basis on which Olivier will act in any given matter. In the absence of express written agreement otherwise, the terms under which Olivier 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.

Memberships

  • Commercial Bar Association
  • Commercial Fraud Lawyers Association
  • Chancery Bar Association
  • British-Russian Law Association

Languages

  • French (fluent)

Qualifications

  • BSc Economics (LSE)

Publications

  • Annotated Guide to Insolvency Legislation and Practice (Butterworths) - Editor
  • Butterworth’s Property Insolvency (2015) - Editor
  • Jowitt’s Dictionary of English Law (3rd edition, Sweet & Maxwell) - Contributor

Commercial Disputes & Civil Fraud

Olivier's practice includes heavy business disputes within a wide range of sectors, civil fraud (such as freezing orders and other interim relief, asset-tracing and recovery, and civil claims based on dishonesty), litigation arising out of share and business sale agreements, and jurisdiction / choice of law disputes. 

Recent and ongoing work includes:

  • Acting (leading Edward Armitage) for the sellers in a share sale dispute worth in excess of £8m involving allegations of fraudulent breach of warranty and misrepresentation.
  • Sheikh Mohamed Bin Issa Al Jaber v Bosheh [2021]: multi million-pound civil fraud claim involving allegations of identity theft and document manipulation (as case leader). Successful application to discharge freezing injunction for material non-disclosure ([2018] 11 WLUK 46). Case settled.
  • Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader). Trial in phases between 2019-2021.
  • Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
  • Acting in LCIA arbitration proceedings about a £1bn family-owned group in a shareholder dispute (led by Dominic Chambers KC).

Company, Partnerships & Insolvency

Olivier's practice includes shareholder disputes, partnership disputes, joint ventures, directors’ duties, corporate and personal insolvency, property issues in insolvency, antecedent transaction avoidance, applications to challenge or remove office holders, bond claims and cross-border insolvency. 

Recent and ongoing work includes:

  • Re Bitumina Industries Ltd [2022] EWHC 2578 (Ch) – Olivier (leading Joseph Bunting) acted for the Joint Administrators of the company. The case concerned the creation of a floating charge, and its enforceability under Section 245 of the Insolvency Act 1986. It entailed a route and branch consideration of Section 245, its effect, construction, scope and interaction with authorities under the previous insolvency statutes. The judge (at [36] and [122]) praised their submissions, noting the “great deal of benefit” he had derived from their “closely-reasoned analysis”.
  • Arlington Infrastructure Ltd (In Administration) v Woolrych [2020] EWHC 3123 (Ch): successful High Court challenge of out of court appointment of administrators over energy companies (as case leader).
  • Hellard v Registrar of Companies [2020] EWHC 1561 (Ch): test case concerning company restoration applications in which the Court considered the scope of the sweep up provision in section 1029(2), Companies Act 2006 (as sole advocate).
  • Acting in cross-border insolvency claim for c.£250 million brought by the liquidator of a BVI company (as case leader). Chancery Division, 2020. Case settled.
  • Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader). Trial in phases between 2019-2021.
  • Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
  • Acting in LCIA arbitration proceedings about a £1bn family-owned group in a shareholder dispute (led by Dominic Chambers KC).

International & Offshore

Olivier has offshore legal experience and was admitted to the Bar in the Cayman Islands in 2006. In 2016 Olivier was admitted to practice as a Legal Practitioner in the Eastern Caribbean Supreme Court (BVI). 

Recent and ongoing work includes:

  • Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader). Trial in phases between 2019-2021.
  • Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
  • Acting in cross-border insolvency claim for c.£250 million brought by the liquidator of a BVI company (as case leader). Chancery Division, 2020. Case settled.

Banking & Financial Services

Olivier's practice includes investment banking and private equity disputes, mis-selling claims, secured lending, asset financing and claims under guarantees and indemnities.

Professional Negligence

Olivier's practice includes claims against insolvency practitioners, accountants and solicitors.

Notable Cases

Olivier's notable cases include:

  • Re Bitumina Industries Ltd [2022] EWHC 2578 (Ch): case concerning the creation of a floating charge, and its enforceability under Section 245 of the Insolvency Act 1986 (as case leader).
  • Arlington Infrastructure Ltd (In Administration) v Woolrych [2020] EWHC 3123 (Ch): challenge of out-of-court appointment of administrators (as case leader).
  • Hellard v Registrar of Companies [2020] EWHC 1561 (Ch): test case concerning company restoration applications (as sole advocate).
  • Sheikh Mohamed Bin Issa Al Jaber v Salfiti [2018] EWHC 3038 (Ch): discharge of freezing injunction for material non-disclosure (as case leader).
  • Sandhu v Nagra [2018] EWHC 763 (Ch): trial of shareholder dispute (as sole advocate).
  • Greig v Lauchlan [2017] EWHC 535 (Ch): trial of undue influence / constructive trust claim (closing submissions, as sole advocate).
  • Thomas v Triodos Bank NV [2017] EWHC 314 (QB): trial concerning existence and extent of ‘information duty’ in a non-advised transaction between banker and customer (as sole advocate).
  • Lord Chancellor v Blavo [2016] EWHC 126 (QB): contested application for freezing order against managing director of firm of solicitors accused of £22m fraud against the Legal Aid Agency (as sole advocate).
  • Smith v Jafton [2013] 4 WLUK 291
  • Point West Trust London v Rothschild Trust (Bermuda) [2012] EWCA Civ 884 (Court of Appeal, led)
  • Association of Chartered Certified Accountants v Koumettou [2012] EWHC 1265 (Ch)
  • Bramston v Ball [2011] EWCA Civ 977 (Court of Appeal, as sole advocate)
  • Secretary of State for Business, Innovation & Skills v Baer Ltd [2011] EWCA Civ 420 (Court of Appeal, as sole advocate)
  • Institute of Chartered Accountants in England and Wales v Webb [2009] EWHC 3461 (Ch
  • Dayman v Aziz [2008] EWHC 2244 (Ch).  
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