Commercial

Alfred is a sought after advocate and advisor for litigation, arbitration and other forms of dispute resolution. He has a broad depth of expertise across the various causes of action that feature in commercial and commercial chancery litigation, but particular specialisms include:

• Commercial contract disputes in all guises, including breach of warranty disputes, franchise disputes, and claims for rectification
• Commercial fraud in all guises, including bribes and secret commissions
• Company law, including claims against directors
• Economic torts
• Employment related and/or business protection disputes involving issues concerning database rights, restrictive covenants, breach of confidentiality, fiduciary duties
• Limitation
• Partnership disputes
• Professional negligence claims, particularly involving solicitors and counsel
• Restitution/unjust enrichment
• Shareholder disputes, in particular s.994 petitions
• Urgent injunctive relief, such as freezing injunctions, proprietary injunctions, and injunctions to enforce restrictive covenants and/or restrain misuse of confidential information

His practice involves particularly complex and high value matters in the High Court and Court of Appeal, either as sole trial Counsel, or as a senior Junior to Leading Counsel. He is familiar with matters where there is a cross-border element. A substantial part of Alfred’s practice concerns shareholder disputes; Alfred recently appeared in a six week trial of a s.994 Petition.

His client base is both domestic and international. He has appeared in a number of national and international arbitrations, including under the ICC Rules and the LCIA.

As to arbitration experience, he has represented domestic clients in arbitrations under the LCIA Rules, and international clients under the LCIA and ICC Rules. He is, for example, currently instructed in an international arbitration involving allegations of unlawful means conspiracy, where the value of the claim runs into many hundreds of millions of dollars; and was also trial Counsel (with Leading Counsel) in an international arbitration involving a client incorporated in East Africa, where a multi-million award was obtained for the client. Alfred has also acted in High Court challenges to arbitration awards.

As an illustration of Alfred’s practice, the following are examples of matters he has recently been or is currently instructed in:

• Commercial contract.

o $20m breach of contract claim against parties domiciled in the UAE and BVI. Obtained judgment for the claimant.

o 3 day High Court trial in claim concerning a contract allegedly entered into without authority. Obtained a highly favourable result at trial.

o £1.8m claim concerning a manufacturing contract, turning on complex issues of interpretation.

o Substantial earn out dispute involving complex interplay between a suite of contractual documents raising difficult issues of interpretation.

• Commercial fraud.

o Trial advocate successfully defending a firm of property agents accused of inducing an investor to purchase a property using fraudulent misrepresentations.

o Obtained a freezing injunction against three defendants to a claim concerning a Ponzi style forex trading scheme, and obtained Norwich Pharmacal relief against a third party; with tracing issues.

o Obtained a freezing injunction against the defendant to a claim for a transaction at an undervalue.

o International arbitration resulting in multi-million dollar award, concerning alleged fraudulent misrepresentations made to the client of a listed company (with Leading Counsel). Case settled immediately before start of a high court challenge to the award on grounds of jurisdiction (complex argument concerning rival arbitration clauses) and conduct of the arbitration hearing.

• Business protection and urgent injunctive relief.

o Successfully obtained injunctive relief to prevent breach of covenants contained in an asset sale agreement (with Leading Counsel).

o Obtained springboard injunctive relief to prevent misuse of confidential information and breach of restrictive covenants by former employee acting in conjunction with new employer (with Leading Counsel). Case settled before speedy trial.

o Responding to injunction seeking to enforce terms of a shareholders agreement.

· Company law and shareholder disputes.

o Appeared for the majority shareholders in a six week trial of a s.994 Petition (with Leading Counsel). Case involved numerous allegations and expert evidence,

and was extremely document heavy. Case settled after trial but before judgment.

o Acted for the majority shareholder in a long running and highly contentious s.994 petition involving a company involved in the fast fashion industry (a well-known brand).

o Currently instructed on behalf of a 50% shareholder in a just and equitable winding up petition brought on grounds of functional deadlock.

• Economic torts.

o Instructed in a multi-million dollar international arbitration involving allegations of unlawful means conspiracy.

o Defending a multi-million pound unlawful means conspiracy claim brought by a bank against numerous individuals.

o Acting in various cases involving allegations of misuse of confidential information by former employees and directors as part of an unlawful means conspiracy with new employers.

• Partnership disputes.

o Farming partnership dispute. Appeared in High Court and in appeal to Court of Appeal concerning the application of interest under the Partnership Act (with Leading Counsel).

o Instructed in ongoing dissolution action concerning a family partnership.

• Professional negligence.

o Acting for the claimant in a claim against his corporate solicitors who were involved in the allegedly negligent drafting of, and failed to provide him with (allegedly) adequate advice in respect of an asset sale agreement. Obtained a favourable outcome by way of a negotiated settlement after proceedings were issued.

o Acting for the claimant in a claim against his conveyancing solicitors concerning a failure to make appropriate enquiries when a portfolio of commercial property was purchased. Case faced significant limitation issues but obtained a successful settlement following a strike out/summary judgment application that was successfully resisted.