Samuel Rabinowitz

Notable Civil Fraud Cases

HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Ronald Gibbs [2024] EWHC 356 (Comm)

Acting for the claimant (led by Simon Atrill KC) in Commercial Court proceedings relating to the failure of the defendant, a former partner at a City law firm, to return to the claimant US$25 million that had been transferred to him to invest on the claimant’s behalf, and consequential losses suffered as a result. The case, which was widely publicised in the national press, involved allegations of breach of contract, misrepresentation, breach of trust/ fiduciary duty and contractual estoppel, and until the action was narrowed following the claimant’s successful application for summary judgment on certain of her claims, claims were also brought in knowing receipt, unjust enrichment and negligence, under English, Swiss and/or Saudi law. At trial the claimant obtained an award of US$39.7 million. Sam appeared unled in some of the many interlocutory and consequential hearings in these proceedings and related enforcement proceedings in the Chancery Division.

Terre Neuve & Ors v Yewdale & Ors

Acting for the claimants (led by, variously, Alain Choo-Choy KC, Alex Barden and Simon Atrill), in civil fraud proceedings involving allegations under Swiss and French law of breach of contract, unjust enrichment, breach of fiduciary duties, money laundering and various other breaches of civil and criminal provisions. Hearings included a series of jurisdiction challenges, resulting in particular in the judgment of Bryan J at [2020] EWHC 772 (Comm) on, among other things, the scope of jurisdiction agreements. Sam also appeared unled in the interlocutory procedural hearing at [2020] 7 WLUK 73.

Care Tree Invest 2 Ltd v Bell [2023] EWHC 1151 (Comm)

Acting for the claimant (led by James Cutress KC) in a trial relating to the defendant’s fraudulent misrepresentation and breach of warranty in the sale, to the claimant, of a portfolio of care homes during the Covid-19 pandemic. The defendant admitted breach and misrepresentation and so the trial mostly related to the quantum of damage, as to which the claimant successfully recovered the majority of the damages claimed.

Advice to a European Football Association

Advising a European football association in relation to its potential causes of action against a bank arising out of a fraud committed on the football association concerning the provision of video assistant referee (VAR) services.

Wilton Trustees (IoM) Ltd & Anor v AFS Trustee Ltd & Ors BVIHC (COM) 2018/154

Acting for the claimants (led by Camilla Bingham KC) in civil fraud proceedings in the BVI Commercial Court and Eastern Caribbean Court of Appeal, arising out of the Steinhoff accounting scandal in South Africa and involving allegations of conspiracy, dishonest assistance, knowing receipt, misrepresentation and breach of trust against multiple defendants.

Chancery Court proceedings

Acting for two (of the four) defendants, initially as sole counsel, subsequently led by Simon Atrill, in a claim in the High Court, Chancery Division, defending allegations of, among other things, the wrongful use of trust funds and management without authority of trust assets by the beneficiary of a trust and associated persons/ companies.

FM Capital Partners Ltd v Marino & Ors [2018] EWHC 1768 (Comm)

Judicial assistant to Cockerill J during the trial. A civil fraud claim brought by a company against its former director and his associate, involving allegations of conspiracy, dishonest assistance, knowing receipt, bribery and breach of fiduciary duties, and raising issues relating to the conflict of laws, Swiss law and adverse inferences.

Group Seven Ltd & Ors v Notable Services LLP & Ors [2018] PNLR 6, [2017] EWHC 2466 (Ch)

Assisting Simon Atrill (as a pupil) in acting for the claimants relating to claims in dishonest assistance, knowing receipt and conspiracy against multiple defendants arising out of a fraud.