John McGhee KC

Civil fraud and asset recovery

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Company law

John frequently advises on company disputes including unfair prejudice petitions, the pre-emption rights of shareholders and partnership disputes.

Notable cases include:

• Progress Property Co Ltd v Moore [2010] UKSC 55 – successfully defending on appeal to the Supreme Court a claim that the sale of the share capital of a subsidiary at undervalue was an unlawful return of capital and ultra vires
• Hurst v Crampton Bros (Coopers) Ltd [2002] EWHC 1375 (Ch) – acting for a company in claim by a shareholder that it had acted in breach of the pre-emption provisions in articles of association

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Domestic arbitration

John frequently appears in arbitrations both as counsel and as arbitrator and has experience of both ad hoc and LCIA arbitrations. He also appears as counsel in mediations where he enjoys the challenge of finding creative solutions too disputes.

Notable cases include:

• acting for a utility provider in a £120 claim for compensation from an adjoining land owner
• acting for an infrastructure provider in a claim by its main supplier for a 10 fold price increase
• acting for a developer in a dispute with its local authority landlord in a rent review of a major development site

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Insolvency

John has particular expertise in insolvency work.

Notable cases include:

• Pillar Denton v Game Retail [2014] EWCA Civ 180 – on the extent to which rent is recoverable as an expense of the administration
  Insolvency continued
• Amble Assets v Longbenton Foods [2011] EWHC 3774 (Ch) – which concerned a proprietary claim for the return of an unreasonably high deposit paid to a company in administration, the scope of the rule in ex parte James and the effect of Schedule B1 paragraph 99 of the Insolvency Act 1986
• Sunberry Properties v Innovate Logistics [2008] EWHC 2450 (Ch) – concerning the grounds upon which leave should be granted to commence proceedings against a company in administration.

During the COVID-19 pandemic he was heavily involved in advising on issues arising out of CVA proposals. He is a contributor to Nolan & Smith (eds): Company Voluntary Arrangements: Law and Practice (OUP, forthcoming).

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Professional liability

John is frequently involved in advising on professional negligence claims against valuers, solicitors, barristers and other professionals arising out of his main areas of practice. He accepts instructions both for claimants and defendants in such claims.

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Property

John’s practice covers the whole spectrum of real estate from advising and representing developers and investors in contractual disputes over major commercial developments to the esoteric areas of minerals, rights to light and the electronic communications code.

Notable cases include:

• acting for Cornerstone in an appeal to the Supreme Court concerning fundamental issues as to the scope of the Telecommunications Code (2022)
• advising developers and neighbouring owners in numerous rights of light claims (2005 to date)
• acting for a port owner in complex claims against a development corporation relating to access rights to land (2022)
• Hicks v 89 Holland Park (Management) Ltd [2021] EWHC 930 (Ch) – acting for a management company in successfully resisting a claim by the adjoining owner that it was not entitled to refuse consent to plans for a proposed development on aesthetic grounds
• EMI Group Ltd v Prudential Assurance Co Ltd [2020] EWHC 2061 (Ch) – acting for a landlord in a successful claim against the guarantor under an authorised guarantee agreement involving novel issues under the Landlord and Tenant (Covenants) Act 1995
• Lodha Developers 1 GSQ Ltd v 1 GSQ1 Ltd [2020] EWHC 2356 (Ch) – acting for the purchaser of high value residential property in a claim for relief from forfeiture and return of a deposit
• Generator Developments Ltd v Lidl UK GmbH [2018] EWCA Civ 396 – successfully resisting a claim that property had been purchased for the joint benefit of the parties and was held on constructive trust under a Pallant v Morgan equity
• Metropolitan Housing v RMC FH Co Ltd [2017] EWHC 2609 (Ch) – acting for the landlord in successfully establishing that the tenant would be in breach of the terms of the lease in releasing its rights of light in favour of a neighbouring developer
• Burrows Investments v Ward Homes [2017] EWCA Civ 1577 – acting for a housing developer in a claim by the former owner for breach of a covenant restricting disposals of the property in order to protect a right to overage
• Tindall Cobham 1 Ltd & 21 Ors v Adda Hotels [2014] EWCA Civ 1215 – acting for a major hotel group on an intragroup re-organisation in a claim by the landlord relating to the effect of complex lease assignment provisions and of the Landlord and Tenant (Covenants) Act 1995
• Scottish Widows Fund & Life Assurance Society v BGC International [2012] EWCA Civ 607 – acting for the landlord in a respect of a claim regarding the construction and rectification of a complex rent review provision in a lease forming part of a sale and leaseback transaction
• CIP Property (AIPT) Ltd v Transport for London, London Underground Ltd, Derwent Valley Central Ltd [2012] EWHC 259 (Ch) – successfully resisting a claim for declaratory and injunctive relief in a claim that a proposed development would interfere with rights of light
• Re Thames Valley Holdings Ltd [2011] UKUT 325 (LC) – acting for the National Trust in successfully resisting a claim for modification of a restrictive covenant to enable a housing development to proceed

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Trusts, probate and estates: contentious

Through his editorship of Snell’s Equity John has particular expertise in trusts and estates and he enjoys acting for individuals and institutions as much as for large commercial concerns.

Highlights include:

• the long-running Crampton Brothers litigation (in which he successfully persuaded the Court of Appeal in Pennington v Waine (2002) to extend the doctrine of Re Rose to validate an uncompleted gift of shares in a family company)
• acting for a fund manager (involving proceedings in Jersey and an expert determination in England) in a dispute about amendments to the exit provisions of a mutual fund (2018)

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