Jeffrey Chapman KC

Notable Commercial Disputes Cases

Group Seven Limited and others v Ali Nasir and others

Acting for the claimants in the Chancery Division proceedings to recover €100 million in the Group Seven litigation from 2013 to 2020. These proceedings included an important decision on the scope of Freezing Orders [2014] 1 WLR 735; judgment against the main fraudsters after a 30-day trial in the Chancery Division [2014] EWHC 2046 (Ch) which was upheld in the Court of Appeal [2015] EWCA Civ 631; judgment against an accountant at a firm of solicitors for knowing receipt, a bank manager and his Swiss bank in dishonest assistance/vicarious liability after a 35-day trial in the Chancery Division [2017] EWHC 2466; and a successful appeal reversing the trial judge and establishing dishonest assistance against the accountant and upholding the findings against the bank manager and his bank in the Court of Appeal [2019] EWCA Civ 614. Permission to appeal to the Supreme Court was eventually refused and the decision remains the leading authority on the proper test for dishonest assistance. The case achieved notoriety after the Financial Times front page magazine piece on 28 June 2018 about the victim of the fraud headlined, “The ship tycoon, the con men and a €100m scam”.

Playboy Club London Limited v Banca Nazionale Del Lavoro SPA [2018] UKSC 43

Acting for an Italian bank in two separate sets of proceedings brought against it by a well-known London casino which advanced more than £1 million in credit to a professional gambler allegedly in reliance on a reference provided by an employee of the bank. The Casino alleged the reference was given negligently in the first set of proceedings where the bank (represented by Jeff with Andrew de Mestre, 4 Stone Buildings) was successful in the Court of Appeal in reversing the decision below on a Hedley Byrne banking law point of considerable interest: [2016] 1 WLR 3169. The first set of proceedings is now over; Jeff’s clients won in the Supreme Court [2018] UKSC 43 in establishing no duty of care was owed to the claimant. Meanwhile the Casino brought another set of proceedings alleging the bank’s reference was given fraudulently. The Bank struck out the later claim as an abuse of process on the basis that it could and should have been brought as part of the first proceedings. The Court of Appeal reinstated the case [2018] EWCA Civ 2025 and permission was given to amend to include the costs of the first proceedings at [2019] EWHC 303 (Comm). The case settled before judgment after the second trial.

Piraeus Bank v EFG Bank [2018] EWHC 2554 (Ch)

Acting for a private bank based in the UK which was subject to a wide-ranging application by an overseas bank in the Chancery Division for Norwich Pharmacal relief against an allegedly fraudulent customer in connection with multi-million pound claims being made in another European jurisdiction. The application was granted ex parte but, on the return date, Jeff’s clients were successful and the claim for disclosure of bank documents relating to a customer was dismissed (by the same Judge who had granted the original order). The matter remained confidential until the Court of Appeal dismissed the permission application.

Ramilos Trading Limited v Valentin Buyanovsky [2016] EWHC 3175 (Comm)

Advising in the ground-breaking claim in connection with disputes concerning multi-hundred million potential fraud claims in Russia, Cyprus and various offshore jurisdictions. Flaux J’s judgment sets out a wide-ranging review of the law relating to Norwich Pharmacal applications in fraud cases where the material is sought for use in proceedings overseas. The underlying corporate raider proceedings continued in Russia and Cyprus until settled on confidential terms in 2018.

Jeff Blue v Mike Ashley

Acting in the notorious case for an investment banker (Mr Blue) suing Mike Ashley (owner of Sports Direct and Newcastle United Football Club) in the Commercial Court for £14 million promised to Mr Blue if he helped to get the Sports Direct share price above £8 per share. Mr Blue says he did what was asked of him and Mr Ashley has refused to pay him what he is due. The deal was allegedly done in the Horse and Groom pub and was strongly disputed by Mr Ashley. The trial took place over six days in July 2017 to a fanfare of publicity including multiple stories of Mr Ashley’s drinking. Jeff cross-examined Mr Ashley for two days. The important judgment of Mr Justice Leggatt (now Leggatt LJ) is at [2017] EWHC 1928 (Comm). The Judge did not believe all of Mr Ashley’s evidence but ultimately dismissed Mr Blue’s claim.

JSC BTA Bank v Ablyazov and others

Acting for Russian defendant in a 14-week Commercial Court trial before Teare J. The case was a multi-jurisdictional banking fraud claim under Kazakh and Russian law extensively covered in the legal press, and the subject of multiple reported decisions. The trial is reported at [2013] EWHC 510 (Comm) and [2013] EWHC 867 (Comm).

R (Leyton Orient FC) v Newham BC and others

Representing Orient in challenge to appoint West Ham as preferred bidder for the Olympic Stadium. Challenged as an unlawful State Aid. Preferred bid withdrawn a week before the substantive hearing was due to take place.