Brian Doctor KC

Notable Company, Restructuring & Insolvency Cases

Richmond Pharmaceutical v Chester Overseas Limited [2014] EWHC 2692 (Ch)

Brian acted for the defendant company and its directors in a trial brought by the claimant company for breach of confidence and breach of directors’ duties. The claims were all dismissed with indemnity costs.

Rawlinson & Hunter Trustees v Director of the Serious Fraud Office

Brian was briefed to represent Vincent Tschenguiz and his brother Robert Tschenguiz in their ground-breaking claims for damages against the Serious Fraud Office. The case raised issues of misfeasance in public office, wrongful arrest and false imprisonment, trespass, breaches of the Human Rights Act, and malicious prosecution. The case was due to commence in October 2014 but was settled by the SFO shortly before the trial commenced.

Barthelemy Holdings v Duet Group Limited [2019] EWHC 2402 (Comm)

Breach of warranties under an Investment Agreement concerning the purchase and building of a hotel in St Barts, in the Caribbean.

Media Gates Company v Kuwait Projects (KIPCO)

Arbitration in LCIA-DIFC; January 2020. Dispute between shareholders re option agreement.

Chester Overseas v Jorg Taubel & Others

Brian acted for the minority shareholders in a s994 (unfair prejudice) application against the majority, for winding up or purchase at a fair value. The action was settled by the majority agreeing to purchase the minority at a fair value, and he acted for the minority in the valuation proceedings before a valuer. (The counterclaim by the defendants then proceeded for breach of confidence and breach of fiduciary duties then proceeded and is reported: Richmond Pharmacology v Chester Overseas [2014] EWHC 2692 (Ch)).

Dimitri Garkusha v Ashot Yegiazarian & Others BVIHCMAP2015/0010

This is a shareholder dispute between two Russians being conducted in the BVI courts. He acted for the Claimant, Mr Garkusha who claims, inter alia, delivery of his shares in a company controlled by the First Defendant.

Belport Development Limited v Erturk Deger, Chimichanga Corporation & Another

Brian acted for the Turkish defendants who were being sued for breach of the shareholders agreement between them and the Claimant (Belport, an English-owned company). The dispute between the 50-50 shareholders in a project to develop a new Port in Turkey. The matter was referred to arbitration (ICC) and was heard by three arbitrators in London. The claim alleged fraud, breach of contract and various other causes of action, claiming damages of $450 million plus interest, said to be the value of the shares they had lost. After losing on liability, the claimant’s claim for damages proceeded, and after hearing expert evidence from both sides, the claimant was awarded a mere $35 million plus interest. No reliance was placed by the Tribunal on the evidence of the Claimant’s expert accounting witness, who Brian had cross-examined on behalf of the defendants.

Merlin Mineral Resources v Kermas Limited CLAIM NO: BVIHCV (COM) 2011113 & 14

This was a claim by minority shareholders for breach of the shareholders’ agreement between a Hong Kong company, a BVI company (Kermas) and a company owned by South African individuals. The company was engaged in the exploration and development of a nickel mine in Burundi, Africa. The shareholders fell out and the minority commenced an arbitration in South Africa. They also sought freezing injunction relief in the BVI. They then abandoned the arbitration in South Africa and commenced proceedings for the same relief in the BVI, seeking further freezing injunction relief. After appearing in various interlocutory applications concerning expert evidence, disclosure and so on, Brian appeared for Kermas at the trial in the BVI. Kermas was successful in its defence, and the claim was dismissed with costs. The Court accepted the Defendant’s contention that an important document on which the Claimant relied was a forgery. Although the issue of valuation thus fell away, he was very involved, from inception, in the question of the valuation of the shares said to have been promised and prepared extensively on that issue.