John Grocott-Barrett

Examples of work undertaken since joining include:

• Regularly advising on and acting in both the High Court and the County Court on insolvency and bankruptcy matters (led and unled).
• A proprietary injunction, delivery up and receivership application arising from a claim involving the dissolution of a partnership, accounts, breach of trust, breach of fiduciary duties, breach of bailment, fraud, constructive trusts and tracing.
• Settling particulars of claim in a US$30mn Chancery Division Business List claim.
• Written advice and advice in conference on various matters including financial services regulations, conflict of laws, exclusive jurisdiction clauses, unfair prejudice relief, guarantees, set-aside applications and property matters.
• An application for permission to appeal from a Commercial Court decision.
• Fast-track and small claims track trials.
• Interim applications.
• Possession and rent arrears hearings.

During pupillage, John saw and worked on cases including:

Commercial disputes

• Ridley v Dubai Islamic Bank PJSC [2022] EWHC 1912 (Comm), a claim for injunctive relief pursuant to a settlement agreement to secure the release of a prisoner in Dubai.
• Berlin Hyp AG v Lumineau and ors, defending breach of warranty and fraudulent misrepresentation claims.
• Quaestus Capital Pte Limited v Union Pacific Capital Limited [2021] EWHC 3652 (Comm), resisting an application for release from an undertaking given to the English High Court and / or the grant of retrospective permission to bring proceedings abroad.
• Say Chong Lim & ors v Chee Kong Ong & ors, a property investment fraud heard in the Commercial Court.
• Asturion Foundation v Alibrahim, defending a claim by a Lichtenstein Foundation for the recovery of property in England.
• Defence of claims for breaches of contract, confidence and fiduciary duties, as well as knowing receipt and unlawful means conspiracy.
• Defending a claim for specific performance of a disputed share purchase agreement.
• A claim for declarations following an alleged material breach of a joint venture agreement. Various interim applications in a claim for alleged unpaid debts.
• Defending a claim against a guarantor.
• Advice on an alleged debt and the effective use of a contractual write off facility.

Company Law

• Re Brickvest Ltd, defending an unfair prejudice petition where the company was insolvent.

Insolvency

• Re Ipagoo LLP [2022] EWCA Civ 302, [2022] Bus LR 311, an appeal concerning the safeguarding requirements imposed by the Electronic Money Regulations 2011, and whether these imposed statutory trusts on funds received from electronic money holders.
• ICAEW v Duncan and the Official Receiver, an application for a block transfer order by a recognised professional body, following the withdrawal of the insolvency practitioner’s licence.
• Elser v Sands & Ors [2022] EWHC 32 (Ch) the trial of an application to set aside a chairman’s decision to allow certain creditors to vote at a meeting to approve an IVA.
• Advising a trustee in bankruptcy on the validity of security purportedly granted by the bankrupt and the scope to challenge the alleged security or otherwise recover certain number plates.

Offshore

• Defending a claim in Guernsey by an ultimate investor against the director, administrator and investment advisor of a fund in respect of certain losses.

Trusts, tax, probate and estates 

• Goodrich v AB, an application for the court’s blessing of a distribution policy (pursuant to the court’s Public Trustee v Cooper jurisdiction).
• Application pursuant to the Variation of Trust Act 1958. The settlement of a family trust dispute.
• Opinion concerning the powers of a trustee to spend permanent endowments held on charitable trusts.
• Opinion concerning setting aside a settlement agreement and bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Pensions

• Dispute concerning the validity, proper construction and rectification of various deeds.
• Professional negligence claim in the context of a pensions dispute.

Professional Liability 

• Claim against solicitors for failure to file a claim in French insolvency proceedings.
• Defending a claim against trustees and their professional advisers regarding the marketing and sale of property held on trust.
• Claim following the mistaken drafting of certain pension deeds.

Property

• London Trocadero (2015) LLP v Picturehouse Cinemas Ltd [2022] EWCA Civ 1021, an appeal concerning the law of unjust enrichment (failure of basis) and implied terms of a lease where the sole permitted use of the demised premises became illegal.
• Various business tenancy disputes and renewals to the Landlord and Tenant Act 1954, including one determined by arbitration under PACT (Professional Arbitration on Court Terms).
• Certain rights of way disputes. Rent arrears.