Wilberforce is always one of the leading sets for commercial work.
Commercial disputes
Members of Wilberforce Chambers have extensive experience in dealing with commercial disputes, in court, in arbitrations and in mediations, both in the UK and internationally. From questions of interpretation to the assessment of damages, the set offers first-rate representation and advice. As a commercial chancery set, Wilberforce Chambers offers particular expertise in commercial contract disputes involving equitable issues, such as estoppel, rectification and trusts.
Our strength is having the combined expertise in the different areas of law that are often present in complex business and commercial situations. This together with genuine international and offshore experience, if the dispute has multi-jurisdictional aspects, helps to meet client demand for specialist assistance in resolving commercial disputes.
Members can assist with issues such as:
Rankings and recognition
Wilberforce is ranked as a leading set for commercial dispute resolution in both Chambers & Partners and The Legal 500.
Chambers & Partners UK Bar 2023: Wilberforce Chambers has at its disposal a strong bench of commercial barristers, with particularly impressive capability at silk level. Its members are capable of handling a wide spectrum of commercial matters, including, among others, cases arising out of company law, insolvency and civil fraud. The set’s barristers are well known for their ability to represent clients in international disputes, and regularly appear in a range of jurisdictions such as Hong Kong, Bermuda and the Cayman Islands. In recent months members acted on Craig Wright, Tulip Trading Ltd and Others v Persons Unknown, Various Bitcoin Developers, a claim for, and brought by, the inventor of Bitcoin, whose computer was hacked and who as a result had lost access to Bitcoin worth £2–3 billion. A solicitor comments: “Wilberforce Chambers provides excellent, specialist advice tempered with commercial sense. Its members are always prepared to assist despite time pressures and the complexity of matters.”
The Legal 500 UK 2023: ‘Part of the Offshore blue blood,’ Wilberforce Chambers is considered ‘a top commercial set with excellent silks’ and ‘exceptional’ juniors. The set’s members have successfully blended the commercial and chancery elements of their practices to become a favoured destination for the largest disputes. Recently these have included Craig Wright, Tulip Trading Ltd and ors v Persons Unknown, Various Bitcoin Developers in which John Wardell KC, Bobby Friedman and Sri Carmichael are acting for Craig Wright, a man who has claimed to be Bitcoin’s pseudonymous creator Satoshi Nakamoto, in a claim against various developers after losing access to £2-3bn worth of Bitcoin after his computer was hacked in 2020. In Vneshprombank v Bedzhamov, Alan Gourgey KC is leading three junior members, including Jack Watson, for the claimant in a £1bn plus claim against Georgy Bedzhamov, concerning the bank’s collapse and related allegations of fraud and conspiracy.
The Judge held that it is clear that there is reciprocity of enforcement of judgments between the English court and the UAE courts, and that enforcement of a costs order is not contrary to the public policy of the UAE. The Judge also found that “a straightforward route” to enforcement of an English costs would be to enforce the judgment in the DIFC and then to enforce the resulting DIFC judgment in the UAE.
A US$1 Billion damages claim, which arose out of the collapse of NMC PLC, a former FTSE 100 company, and its operating subsidiaries in the UAE, all of which are now in administration in England and Wales and the UAE. The claimant is an Abu Dhabi-based bank, and the first to third defendants are the former private shareholders in NMC PLC. The Bank alleged that the defendants are responsible, with others, for a serious fraud that appears to have taken place within the NMC Group of companies. The defendants all deny involvement in the fraud.
A multi-million euro, multi-faceted fraud claim in the Cayman Islands that made new law on the Cayman Fraudulent Dispositions Law.
South Africa’s largest ever private sector accounting fraud scandal. Alleged payments totalling approximately €95 million are said to have been made fraudulently. The case raises issues of German, Austrian, Swiss and BVI law.
The latest chapter in the long running and high-profile litigation instigated by the LIA seeking to recoup funds invested during the Gaddafi dictatorship in Libya. Successfully defended fraud and corruption claims to the value of £200m.
One of the largest frauds ever perpetrated involving some 118 banks which together lent a total of $126 billion over two decades.
A case involving the first statutory free-standing worldwide freezing order in Cayman. The first common law case in which a freezing injunction was granted over claims for American treble damages under RICO. Fraud resulted in losses of $5bn, with the lead claim being for $60m.
Court of Appeal case concerning the question of the Court’s power to order rectification of the register to reverse the administrative restoration of an LLP where the restoration had been obtained through the provision of fraudulent material.
A complex multi-jurisdictional case involving one of Greece’s largest shipping families and their ownership of shares in two Liberian Corporations, which raises multiple conflicts of law issues and matters relating to fraudulent misappropriation of shares.
Supreme Court case establishing that a person who applies to set aside an earlier judgment on the basis of fraud does not have to demonstrate that the evidence of this fraud could not have been obtained with reasonable diligence before the earlier trial.
Resisting an application in the Commercial Court for immediate enforcement of an arbitral award of almost $3 billion granted in an SCC arbitration.
One of The Lawyer’s “Top 20 Cases of 2018”. Claims against the former Managing Director and Finance Director of the Claimant company for breach of duty and conspiracy, in connection with benefits provided to the directors from the Claimant company’s pension scheme.
Supreme Court case; acting on behalf of Cavendish in relation to the continued existence of the doctrine of penalties in both commercial and consumer contracts.
Articles
Bobby Friedman features in the latest edition of ThoughtLeaders4’s FIRE Magazine, revealing what motivates him, what he sees as the biggest legal trends of 2023, even his ideal holiday and the last book he read. Click here to view the full... Read more
By Bobby Friedman
Monday 6 March 2023
Recent Cases
Cryptocurrency, Commercial disputes
John Wardell KC | Bobby Friedman | Sri Carmichael
Friday 3 February 2023
News
The Dubai Financial Services Authority has fined KPMG LLP $1.5m and its former audit partner $500,000 for failings in the audit of Abraaj Capital Limited. This is the largest fine ever imposed on an auditor by the DFSA. It is... Read more
Friday 27 January 2023
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News
We are delighted to announce that John McGhee KC has been listed in The Lawyer Hot 100 2023! The Lawyer’s write-up on John reads as follows: “Wilberforce Chambers’ John McGhee KC was so busy last year he didn’t have much... Read more
Monday 23 January 2023
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Barristers: KCs
Barristers: Juniors