Jack Watson

Insolvency

Jack is ranked in The Legal 500 for insolvency and is described as “a very capable barrister who displays good judgement and strategic thinking.” His insolvency practice encompassing both advocacy and advisory work and has acted in a number of high profile, high value cases. He regularly acts for office holders, directors, individuals and insolvent companies often in cases involving an international or multi-jurisdictional dimension.

Jack is also regularly instructed on a range of company related matters including unfair prejudice petitions and other shareholder disputes, actions against directors and advising on share purchase agreements and other related agreements. Jack is experienced at making applications under s.236 and s.366 Insolvency Act 1986 as well as conducting interviews and private examinations.

Jack’s recent company/insolvency cases include: 

• Re Sanguine: Acting as sole counsel in an appeal against the dismissal of a winding up petition against the respondent company. The appeal centred on the value of an underlying LLP (said to be worth over £1m by the Appellants) and it is now one of the leading cases on the meaning of guarantee provisions and whether the variation of those provisions took the relevant facility agreement outside the purview of the guaranteed obligations.
• Re Ferster: Acting as sole counsel for a trustee in bankruptcy seeking the extension of a bankruptcy for failure to comply with requests for information. The case also involves a number of s.366 Applications and defending an application under s.303 Insolvency Act 1986.
• Saatchi v Gajjar: Acting as sole counsel for a former business partner of a well-known art dealer in wide ranging litigation concerning the ownership of a multi-million pound art storage warehouse, and claims for breach of directors’ duties.
• Neill v FRP: Acting (with Lexa Hilliard KC) in a claim for damages relating to an alleged conspiracy to appoint administrators.
• Re Integrated Control Solutions: Appearing as sole counsel in a five-day high court trial of competing unfair prejudice petitions each alleging substantial misappropriation from the company.
• AHAB v Saad: Acting for the joint official liquidators of a Cayman Islands company defending a multi-billion dollar cross-jurisdictional fraud claim.
• Re Brickvest (in administration): Acting as sole counsel for the Defendants in a £10m claim for unfair prejudice and breach of warranty arising out of the collapse of an investment fund relating to the purchase of land in Germany.
• Re Industrial Northwest: Acting (with Lexa Hiliard KC) for the joint administrators of an LLP in relation to allegations of overpayment of fees and invalid approvals.
• Re Legacy Care Ltd: Acting as sole counsel in the trial of an unfair prejudice petition brought to two shareholders alleging the misappropriation of funds and the diversion of business assets leading to the insolvency of the company.
• SIFCO 5: Re s.236: Acting for the joint official liquidators of a Cayman Islands Company in an application to examine various parties under s.236 Insolvency Act.

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Professional liability

Jack’s professional liability experience includes:

• Defending a claim for payment of solicitors’ fees on the grounds that the solicitors’ negligence in explaining a conditional fee arrangement and/or breach of fiduciary duty gave rise to a counterclaim for damages which exceeded any fees payable.
• Brudenell-Bruce v Moore and Cotton [2014] EWHC 3679 (Ch): Acting with Clare Stanley KC in a three-week trial of a claim for breach of trust relating to the alleged negligent mismanagement of trust property raising issues as to (a) the scope of trustees’ duties to manage trust property (b) acquiescence and concurrence (c) detailed surveying and accountancy evidence and (d) the measure of damages for losses sustained by trusts.
• Acting with Andrew Mold KC for defendant benefit consultants facing professional negligence claims in the administration of the Bloxwich pension scheme.
• Advising the settlor of a trust under the Schedule 1 Children Act as to a potential claim against his former solicitors for failing to settle on more advantageous terms.
• Successfully settling adjudication proceedings relating to negligent construction works.
• Bringing and defending complaints to the Financial Ombudsman Service in relation to the sale of Self-Invested Personal Pensions.
• Defending a claim for payment of solicitor fees on the grounds of negligence having given rise to a right of non-payment.
• Acting in a claim brought by the employers of an occupational pension scheme against the former accountants of that scheme for failing to properly calculate necessary increases to members’ benefits.

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Property

Jack regularly advises and acts in commercial property related matters often encompassing a fraud or insolvency element.

Jack’s recent property related experience includes:

• Oberman v Collins: acting a sole counsel for the successful claimant in a five-day High Court trial relating to the ownership of a multi-million pound property portfolio and an unfair prejudice petition. The case has been featured in the Times, Telegraph and Daily Mail.
• Bell v Qureshi: acting as sole counsel for the Claimants in a claim relating to the ownership of a care home.
• Richards v Bodden: Appearing as sole counsel in the Cayman Islands Court of Appeal in a complex claim for restitution arising out of a failed property purchase.
• FNTC v BBLL: acting as junior counsel (with Alan Gourgey KC) in relation to a hard fought claim for dishonest assistance and breach of trust arising out of the purchase of a Spanish Apartment complex.
• Lemos v Blue Diamond: Acting for the Claimants in a claim relating to the legal and beneficial ownership of shares relating to valuable London real estate.
• An injunction to allow a licensee back onto business premises raising issues of proprietary estoppel and fraud.

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Trusts, probate and estates: contentious

Jack regularly accepts instructions on a wide range of matters where trusts are involved. Jack’s trust practice encompasses a wide variety of domestic and international trust disputes as well as trust claims arising out of fraud, breach of fiduciary duty or other cases involving asset tracing. He is also often instructed to provide trusts advice in the context of other areas of law including in the divorce context.

Jack’s recent experience includes:

• FNTC v BBLL: Acting as junior counsel (with Alan Gourgey KC) in relation to a hard fought claim for dishonest assistance and breach of trust arising out of the purchase of a Spanish Apartment complex.
• Re Confidential Trust: Acting for the settlor of several property trusts in seeking a declaration that certain of those properties are held on trust for his children as part of ongoing ancillary relief proceedings.
• DBS v Zhang: Acting for the Respondents to an appeal to the Hong Kong Court of final appeal as to the application and scope of Anti-Bartlett clauses and the irreducible core of trusteeship.
• Re 1947 Settlement: Acting for the trustees of an English settlement in seeking declarations from the High Court in relation to the governing law of the settlement and the effect of that governing law on the appointment of trustees by a foreign court.
• Re A Trust: Acting for the discretionary object of a trust in proceedings for a multi-billion dollar worldwide freezing and proprietary injunction over the purportedly distributed assets of the trust.
• Lemos v Blue Diamond: Acting for the Claimants in a claim relating to the legal and beneficial ownership of shares in two Liberian Corporations.
• Re A Trust: Advising the administrator of a trust in relation to an allegedly fraudulent appointment.
• Brudenell-Bruce v Moore and Cotton [2014] EWHC 3679 (Ch): Acting with Clare Stanley KC in a three-week trial of a claim for breach of trust and the removal of trustees issues as to (a) the scope of trustees’ powers and duties to manage trust property (b) trustee remuneration (c) acquiescence and concurrence by beneficiaries (d) the relevant principles to be applied when considering whether to remove trustees and (e) the measure of damages for losses sustained by trusts.

Jack also has extensive advisory experience including:

• Advising the trustees of several London properties as to the scope of their duties to carry out works to trust property and their ability to recover expenses from the fund.
• Advising the executors of a deceased’s estate as to the merits of an intimated claim in Jersey under the Inheritance (Provision for Family and Dependants) Act 1982.
• Advising the settlor of a trust under the Schedule 1 Children Act as to a potential claim against his former solicitors for failing to settle on more advantageous terms.
• Acting for the beneficiary under a trust in seeking to have monies paid into court.
• Providing advice as to the scope of trustees’ powers and acting in respect of Inheritance Act Claims.

Download Trusts, probate and estates: contentious CV