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Gregory Banner KC

Call: 1989 | Silk: 2018

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Overview

Gregory has a broad litigation and advisory practice encompassing company, insolvency, commercial Chancery and commercial work. He has appeared in a number of reported cases, covering a broad range of topics within these areas. He has extensive trial and appellate experience.

He both leads large counsel teams and acts as part of such teams. He has particular experience of international contractual and corporate disputes with either or both of a Russian and natural resources flavour. He has experience of gold mining, refining and trading disputes, oil drilling and trading disputes, and gas exploration matters. He has dealt with such matters in Court in England and in ICC, LCIA and ad hoc arbitrations. His cases have seen him involved in disputes over property in Moscow, Sochi and Siberia. He has been called ad hoc to the Bar of Bermuda.

 

Closer to home, he has extensive experience of share warranty claims, s994 petitions, board control disputes, insolvency office holders claims and investigations and claims for fraud and breach of fiduciary duty. His commercial contract practice extends from property developments and deals through to financial instruments, with most things in between.

He has many years’ experience of seeking and defending against pre-emptive injunctive and asset protection remedies, as well as pursuing post judgment asset tracing remedies.

Most of his cases are document-heavy and high value. He is currently instructed by over 100 claimants in a $150 million claim for restitution against the water companies of England and Wales; he has acted in a $300 million fraudulent misappropriation of assets claim, a dispute over a $400m Russian land development deal, a dispute over a $600m oil trading deal, a dispute concerning a £100m property fund, a $100m land development dispute and a claim over a $500m listed company.

Since taking silk in 2018, his work has included a claim for £30 million based on complex allegations of breach of fiduciary duty in relation to a property investment, conjoined LCIA and ICC arbitrations, seeking recovery of in excess of $100 million and concerning allegations of bribery and agency in the international fertiliser trading markets, a dispute over board control of a listed UK plc with a market capital of £1 billion, a restitution claim against the water companies of England and Wales (above), and a claim to restrain publication of a investigatory report into fraud committed by an employee of a well known international bank.

He has also acted over a period of years for a number of government departments and bodies on contractual and regulatory contentious and non-contentious issues, and as a result has a keen insight into the approach of such bodies to litigation.

He has been recommended in The Legal 500 for insolvency work and in Chambers UK Directory for company work for many years.

Terms of Business 

The clerks are happy to discuss the terms on which Gregory will undertake work. Absent express written agreement, Gregory will accept instructions on 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.

“A pleasure to work with; accessible, easy to use, quick to turn around work.” (2022)

Legal 500 UK
Company

“Always impresses with his analysis." "He is expert at tackling difficult and obscure issues.” (2021)

Chambers UK
Company

“A responsive silk who has an easy client-friendly manner.” (2021)

Legal 500 UK
Insolvency

“Very commercial, diligent and clever, he writes his opinions in a user-friendly manner. He's very responsive and good to work with.” (2022)

Chambers UK
Company

Expertise

Alternative Dispute Resolution 

Overview

Gregory has acted in many LCIA, ICC and ad hoc international commercial arbitrations. These have usually had a natural resources and mining context (but have on occasion concerned commodities) and included allegations of fraud.

Notable Cases

  • X v Y [2019] – LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
  • X v Y [2016] – LCIA arbitration concerning expulsion of partner from limited liability partnership and quantification of claim.
  • X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • X v Y [2013] – ICC arbitration concerning breach of contract to manage a gold mine
  • X v Y [2013] – successful ICC arbitration to recover damages for breach of sale of commodities contract
  • X v Y [2005] – LCIA arbitration concerning dispute over transfer of control of gold mine

Civil Fraud & Asset Recovery 

Overview

Gregory has considerable experience of pursuing and defending fraud claims,  and related pre-action protective measures (including freezing orders, search order and passport delivery up orders) together with post judgment asset protective measures.

Notable Cases

  • X v Y [2019] LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
  • Courtwood Holdings SA v Woodley Properties Ltd [2018] EWHC 2163, [2017] EWHC 3514 (Ch), – claim to trace proceeds of sale of property following breach of fiduciary duty by property management company; various interim applications culminating in three week trial
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • Ludsin Overseas Ltd v Eco3 Capital Limited [2013] EWCA Civ 413 – successfully resisted appeal against trial Judge’s finding of fraudulent misrepresentation
  • Ludsin Overseas Ltd v Eco3 Capital Ltd & ors [2012] EWHC 1980 – successful claim for fraudulent misrepresentation after failed property investment deal
  • Key TV v Ramsay [2008] – successful claim for breach of fraud and breach of fiduciary duty

Commercial Disputes 

Overview

Gregory is used to acting in long running, substantial and high value commercial disputes, both before the court and in arbitration. He is equally at home leading a team of counsel or acting as part of a team, and he is well versed in the particular demands of, and need to roll up one’s sleeves during heavyweight commercial litigation.

Notable Cases

  • Everest Alliance Ltd v Maslovskiy [2020] EWHC 2035, 3160 claim to restrain directors of plc from making appointments to frustrate the outcome of AGM elections
  • X v Y [2019] LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
  • Courtwood Holdings SA v Woodley Properties Ltd [2018] EWHC 2163, [2017] EWHC 3514 (Ch), – claim to trace proceeds of sale of property following breach of fiduciary duty by property management company; various interim applications culminating in three week trial
  • X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
  • Mirador v MF Global [2015] EWCA 1535 – substantial recovery upon taking account following judgment
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • Ludsin Overseas Ltd v Eco3 Capital Limited [2013] EWCA Civ 413 – successfully resisted appeal against trial Judge’s finding of fraudulent misrepresentation
  • X v Y [2013] – ICC arbitration concerning breach of contract to manage a gold mine
  • X v Y [2013] – successful ICC arbitration to recover damages for breach of sale of commodities contract
  • Mirador v MF Global [2012] EWCA Civ 1662 – resisted appeal against trial Judge’s finding on liability
  • Ludsin Overseas Ltd v Eco3 Capital Ltd & ors [2012] EWHC 1980 – successful claim for fraudulent misrepresentation after failed property investment deal
  • Mirador v MF Global [2011] – successful claim for commission on derivative, FX and options trading
  • Curtis v Lockheed Martin UK Hldgs Ltd [2008] EWHC 2691 – successful claim for breach of warranties following share sale
  • Key TV v Ramsay [2008] – successful claim for breach of fraud and breach of fiduciary duty

Company, Partnership & LLPs 

Overview

Gregory has long been recognised in the directories as a leading practitioner in company law. He has long standing experience in shareholder disputes, board disputes, claims against directors, and share warranty claims, as well as partnership disputes.

Notable Cases

  • Everest Alliance Ltd v Maslovskiy [2020] EWHC 2035, 3160 claim to restrain directors of plc from making appointments to frustrate the outcome of AGM elections
  • X v Y [2016] – LCIA arbitration concerning expulsion of partner from limited liability partnership and quantification of claim.
  • Courtwood Holdings SA v Woodley Properties Ltd [2018] EWHC 2163, [2017] EWHC 3514 (Ch), – claim to trace proceeds of sale of property following breach of fiduciary duty by property management company; various interim applications culminating in three week trial
  • X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • Ashcroft v Ashcroft [2011] EWHC 1997 – family company dispute over farmland
  • EAP Securities Ltd [2010] EWHC 2421 – s 994 Companies Act 2006 petition and strike out.
  • Curtis v Lockheed Martin UK Hldgs Ltd [2008] EWHC 2691 – successful claim for breach of warranties following share sale
  • Secretary of State for Trade & Industry v Gee [2006] BCC 384 – award of indemnity costs against SoS upon discontinuance of disqualification proceedings
  • Inland Revenue Commissioners v McEntaggert [2006] 1 BCLC 476 – personal liability for debts of a company under s 15 of the CDDA 1986; abuse of process and issue estoppel
  • Secretary of State for Trade & Industry v Andrews [2005] EWHC 3513 – meaning of “permitting” action to take place in proceedings under s 6 of the CDDA 1986

Insolvency & Restructuring  

Overview

Gregory has considerable historic experience acting both for and against office holders, including as regard pre-emptive remedies sought against defaulting officers and as regards evidence gathering under the Insolvency Act.

Notable Cases

  • Sandford Farm Properties Limited v Maggs [2015] EWHC 2999 – successful application to permit use of materials obtained under s 236 Insolvency Act 1986 by a second assignee of the liquidated company’s causes of action
  • Ludsin v Maggs [2014] EWHC 3566 – successful appeal against value assigned to security held by petitioning creditor
  • ED Games Ltd [2009] EWHC 223 – proper measure of loss for claims under s 212 Insolvency Act 1986

International & Offshore 

Overview

Much of Gregory’s work has an international element, involving parties or disputes situated abroad, and aspects of private international law. He is well versed in dealing with expert evidence as to foreign law, and cross-examining foreign law expert witnesses.

Notable Cases

  • Credit Suisse v Krystal Holdings Ltd [2021] – application to restrain use of investigatory report produced by Swiss regulatory authorities
  • Everest Alliance Ltd v Maslovskiy [2020] EWHC 2035, 3160 claim to restrain directors of plc owning Russian mining interests from making appointments to frustrate the outcome of AGM elections
  • X v Y [2019] LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
  • X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • X v Y [2013] – ICC arbitration concerning breach of contract to manage a gold mine
  • X v Y [2013] – successful ICC arbitration to recover damages for breach of sale of commodities contract

Media & Entertainment 

Overview

Gregory has in the past acted in music industry disputes for members of bands which were well known in their era. He also has experience of publishing and recording company disputes. More recently, he has acted in a confidential information dispute and is involved in an ongoing case rasigin Data Protection Act issues.

Notable Cases

  • Credit Suisse v Krystal Holdings Ltd [2021] – application to restrain use of investigatory report produced by Swiss regulatory authorities
  • MGN v Grisbrook [2010] EWCA Civ 1399 (CA); [2009] EWHC 2520 (first instance) – scope of implied licence granted by freelance photographer to national newspaper in the context of online and online archive use
  • Crucial Music v Klondyke Management AG [2007] EWHC 1782 – place of performance of a warranty under the Judgments Regulation and the Brussels Convention

Directory quotes

Chambers UK
Company

“Very commercial, diligent and clever, he writes his opinions in a user-friendly manner. He's very responsive and good to work with.” (2022)

Chambers UK
Company

“Always impresses with his analysis." "He is expert at tackling difficult and obscure issues.” (2021)

Chambers UK
Company

“In court he is very calm and collected, and very precise with his questioning. Very good on the detail.” (2020)

 

Chambers UK
Company

“A persuasive advocate who can be very forceful when the situation demands it.” (2019)

Chambers UK
Company

“He's a very user-friendly barrister who provides very practical solutions to difficult, knotty legal issues.” (2018)

Chambers UK
Company

“He is clever and understated. He knows the law, is good to work with and is a team player.” (2017)

Legal 500 UK
Company

“A pleasure to work with; accessible, easy to use, quick to turn around work.” (2022)

Legal 500 UK
Company & Partnership

“Quick to see the issues and work to an innovative and clever approach.” (2021)

Legal 500 UK
Company & Partnership

“He has a superb grasp of detail and is commercially astute.” (2020)

Legal 500 UK
Company & Partnership

“He combines solid analysis with tactical and commercial awareness.” (2019)

Legal 500 UK
Company & Partnership

“He has a great ability to think laterally and is a powerful advocate.” (2017)

Legal 500 UK
Insolvency

“A responsive silk who has an easy client-friendly manner.” (2021)

Legal 500 UK
Insolvency

“He is diligent, able to analyse the minutest details and bring them into play.” (2020)

Legal 500 UK
Insolvency

“He reads the temperature of the court or tribunal well.” (2019)

Legal 500 UK
Insolvency

“Outstanding intellect allied with sound commercial savvy.” (2017)

Qualifications

  • MA (Cantab)

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Gregory Banner KC

Call: 1989 | Silk: 2018

gbanner@maitlandchambers.com

“A pleasure to work with; accessible, easy to use, quick to turn around work.” (2022)

Legal 500 UK

Company

Overview

Gregory has a broad litigation and advisory practice encompassing company, insolvency, commercial Chancery and commercial work. He has appeared in a number of reported cases, covering a broad range of topics within these areas. He has extensive trial and appellate experience.

He both leads large counsel teams and acts as part of such teams. He has particular experience of international contractual and corporate disputes with either or both of a Russian and natural resources flavour. He has experience of gold mining, refining and trading disputes, oil drilling and trading disputes, and gas exploration matters. He has dealt with such matters in Court in England and in ICC, LCIA and ad hoc arbitrations. His cases have seen him involved in disputes over property in Moscow, Sochi and Siberia. He has been called ad hoc to the Bar of Bermuda.

Closer to home, he has extensive experience of share warranty claims, s994 petitions, board control disputes, insolvency office holders claims and investigations and claims for fraud and breach of fiduciary duty. His commercial contract practice extends from property developments and deals through to financial instruments, with most things in between.

He has many years’ experience of seeking and defending against pre-emptive injunctive and asset protection remedies, as well as pursuing post judgment asset tracing remedies.

Most of his cases are document-heavy and high value. He is currently instructed by over 100 claimants in a $150 million claim for restitution against the water companies of England and Wales; he has acted in a $300 million fraudulent misappropriation of assets claim, a dispute over a $400m Russian land development deal, a dispute over a $600m oil trading deal, a dispute concerning a £100m property fund, a $100m land development dispute and a claim over a $500m listed company.

Since taking silk in 2018, his work has included a claim for £30 million based on complex allegations of breach of fiduciary duty in relation to a property investment, conjoined LCIA and ICC arbitrations, seeking recovery of in excess of $100 million and concerning allegations of bribery and agency in the international fertiliser trading markets, a dispute over board control of a listed UK plc with a market capital of £1 billion, a restitution claim against the water companies of England and Wales (above), and a claim to restrain publication of a investigatory report into fraud committed by an employee of a well known international bank.

He has also acted over a period of years for a number of government departments and bodies on contractual and regulatory contentious and non-contentious issues, and as a result has a keen insight into the approach of such bodies to litigation.

He has been recommended in The Legal 500 for insolvency work and in Chambers UK Directory for company work for many years.

Terms of Business 

The clerks are happy to discuss the terms on which Gregory will undertake work. Absent express written agreement, Gregory will accept instructions on 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.

Qualifications

  • MA (Cantab)

Alternative Dispute Resolution

Gregory has acted in many LCIA, ICC and ad hoc international commercial arbitrations. These have usually had a natural resources and mining context (but have on occasion concerned commodities) and included allegations of fraud.

  • X v Y [2019] – LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
  • X v Y [2016] – LCIA arbitration concerning expulsion of partner from limited liability partnership and quantification of claim.
  • X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • X v Y [2013] – ICC arbitration concerning breach of contract to manage a gold mine
  • X v Y [2013] – successful ICC arbitration to recover damages for breach of sale of commodities contract
  • X v Y [2005] – LCIA arbitration concerning dispute over transfer of control of gold mine

Civil Fraud & Asset Recovery

Gregory has considerable experience of pursuing and defending fraud claims,  and related pre-action protective measures (including freezing orders, search order and passport delivery up orders) together with post judgment asset protective measures.

  • X v Y [2019] LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
  • Courtwood Holdings SA v Woodley Properties Ltd [2018] EWHC 2163, [2017] EWHC 3514 (Ch), – claim to trace proceeds of sale of property following breach of fiduciary duty by property management company; various interim applications culminating in three week trial
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • Ludsin Overseas Ltd v Eco3 Capital Limited [2013] EWCA Civ 413 – successfully resisted appeal against trial Judge’s finding of fraudulent misrepresentation
  • Ludsin Overseas Ltd v Eco3 Capital Ltd & ors [2012] EWHC 1980 – successful claim for fraudulent misrepresentation after failed property investment deal
  • Key TV v Ramsay [2008] – successful claim for breach of fraud and breach of fiduciary duty

Commercial Disputes

Gregory is used to acting in long running, substantial and high value commercial disputes, both before the court and in arbitration. He is equally at home leading a team of counsel or acting as part of a team, and he is well versed in the particular demands of, and need to roll up one’s sleeves during heavyweight commercial litigation.

  • Everest Alliance Ltd v Maslovskiy [2020] EWHC 2035, 3160 claim to restrain directors of plc from making appointments to frustrate the outcome of AGM elections
  • X v Y [2019] LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
  • Courtwood Holdings SA v Woodley Properties Ltd [2018] EWHC 2163, [2017] EWHC 3514 (Ch), – claim to trace proceeds of sale of property following breach of fiduciary duty by property management company; various interim applications culminating in three week trial
  • X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
  • Mirador v MF Global [2015] EWCA 1535 – substantial recovery upon taking account following judgment
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • Ludsin Overseas Ltd v Eco3 Capital Limited [2013] EWCA Civ 413 – successfully resisted appeal against trial Judge’s finding of fraudulent misrepresentation
  • X v Y [2013] – ICC arbitration concerning breach of contract to manage a gold mine
  • X v Y [2013] – successful ICC arbitration to recover damages for breach of sale of commodities contract
  • Mirador v MF Global [2012] EWCA Civ 1662 – resisted appeal against trial Judge’s finding on liability
  • Ludsin Overseas Ltd v Eco3 Capital Ltd & ors [2012] EWHC 1980 – successful claim for fraudulent misrepresentation after failed property investment deal
  • Mirador v MF Global [2011] – successful claim for commission on derivative, FX and options trading
  • Curtis v Lockheed Martin UK Hldgs Ltd [2008] EWHC 2691 – successful claim for breach of warranties following share sale
  • Key TV v Ramsay [2008] – successful claim for breach of fraud and breach of fiduciary duty

Company, Partnership & LLPs

Gregory has long been recognised in the directories as a leading practitioner in company law. He has long standing experience in shareholder disputes, board disputes, claims against directors, and share warranty claims, as well as partnership disputes.

  • Everest Alliance Ltd v Maslovskiy [2020] EWHC 2035, 3160 claim to restrain directors of plc from making appointments to frustrate the outcome of AGM elections
  • X v Y [2016] – LCIA arbitration concerning expulsion of partner from limited liability partnership and quantification of claim.
  • Courtwood Holdings SA v Woodley Properties Ltd [2018] EWHC 2163, [2017] EWHC 3514 (Ch), – claim to trace proceeds of sale of property following breach of fiduciary duty by property management company; various interim applications culminating in three week trial
  • X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • Ashcroft v Ashcroft [2011] EWHC 1997 – family company dispute over farmland
  • EAP Securities Ltd [2010] EWHC 2421 – s 994 Companies Act 2006 petition and strike out.
  • Curtis v Lockheed Martin UK Hldgs Ltd [2008] EWHC 2691 – successful claim for breach of warranties following share sale
  • Secretary of State for Trade & Industry v Gee [2006] BCC 384 – award of indemnity costs against SoS upon discontinuance of disqualification proceedings
  • Inland Revenue Commissioners v McEntaggert [2006] 1 BCLC 476 – personal liability for debts of a company under s 15 of the CDDA 1986; abuse of process and issue estoppel
  • Secretary of State for Trade & Industry v Andrews [2005] EWHC 3513 – meaning of “permitting” action to take place in proceedings under s 6 of the CDDA 1986

Insolvency & Restructuring

Gregory has considerable historic experience acting both for and against office holders, including as regard pre-emptive remedies sought against defaulting officers and as regards evidence gathering under the Insolvency Act.

  • Sandford Farm Properties Limited v Maggs [2015] EWHC 2999 – successful application to permit use of materials obtained under s 236 Insolvency Act 1986 by a second assignee of the liquidated company’s causes of action
  • Ludsin v Maggs [2014] EWHC 3566 – successful appeal against value assigned to security held by petitioning creditor
  • ED Games Ltd [2009] EWHC 223 – proper measure of loss for claims under s 212 Insolvency Act 1986

International & Offshore

Much of Gregory’s work has an international element, involving parties or disputes situated abroad, and aspects of private international law. He is well versed in dealing with expert evidence as to foreign law, and cross-examining foreign law expert witnesses.

  • Credit Suisse v Krystal Holdings Ltd [2021] – application to restrain use of investigatory report produced by Swiss regulatory authorities
  • Everest Alliance Ltd v Maslovskiy [2020] EWHC 2035, 3160 claim to restrain directors of plc owning Russian mining interests from making appointments to frustrate the outcome of AGM elections
  • X v Y [2019] LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
  • X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
  • X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
  • X v Y [2013] – ICC arbitration concerning breach of contract to manage a gold mine
  • X v Y [2013] – successful ICC arbitration to recover damages for breach of sale of commodities contract

Media & Entertainment

Gregory has in the past acted in music industry disputes for members of bands which were well known in their era. He also has experience of publishing and recording company disputes. More recently, he has acted in a confidential information dispute and is involved in an ongoing case rasigin Data Protection Act issues.

  • Credit Suisse v Krystal Holdings Ltd [2021] – application to restrain use of investigatory report produced by Swiss regulatory authorities
  • MGN v Grisbrook [2010] EWCA Civ 1399 (CA); [2009] EWHC 2520 (first instance) – scope of implied licence granted by freelance photographer to national newspaper in the context of online and online archive use
  • Crucial Music v Klondyke Management AG [2007] EWHC 1782 – place of performance of a warranty under the Judgments Regulation and the Brussels Convention
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