Fraser Campbell KC

For investment fund founder, defeating claims for breach of contract and unjust enrichment relating to the introduction of seed investors. Case featured factual evidence on disputed oral agreement, plus expert evidence on market practice and value of introduction services.

For defendants to claims of conspiracy and dishonest assistance in relation to major property joint venture, obtaining reverse summary judgment in respect of all claims.

For claimant aerospace company, obtaining findings of serial breaches of fiduciary duty by former interim CEO.

For founder of private bank, obtaining judgment clearing him of any involvement in or knowledge of a document contemplating unlawful action.

For Part 20 Defendant, obtaining strike out of all claims against him on grounds of time bar, following arguments about applicable law and the date by which an alleged mistake could reasonably have been discovered.

For successful claimants, obtaining an award of £675m following six-week trial. The Commercial Court held that a contractual indemnity covered losses arising from acts and omissions prior to its date.

Obtaining post-trial orders for document deletion, and an explanation by witness statement of extent of inappropriate use of confidential information, in a claim by businessman against estranged former accountant and right-hand man.

For Part 20 Defendant, successfully defeating £40 million claim arising out of non-delivery of 80 million face masks during the covid pandemic. 10 day trial involved cross-examination of five factual witnesses and two experts, plus legal submissions on contractual construction and the duties of an introducing agent.

For claimant former director, successfully establishing that he was entitled to be repaid funds advanced informally to company in distress, and defeating seven-figure counterclaim for alleged breaches of duties.

Successfully striking out, as an abuse of process, a contempt application alleging false statements in company’s pleading, in context of former employee’s claim for £8 million bonus.

For successful petitioner for unfair prejudice under s. 994 of the Companies Act, who complained of an undervalue sale of the company’s operating subsidiary by the majority to themselves. The Court found that the subsidiary, which had been sold for £150,000, was in fact worth £2.9m. The majority shareholder was ordered to buy out the petitioner’s shares based on that value, notwithstanding that the subsidiary had since entered administration. Further, a third party – who was neither a shareholder nor a director – was found secondarily liable, having colluded in the scheme.

Successfully resisting appeal relating to whether damages for breach of contract fell to be reduced on the basis that the breach resulted in an alleged diminution of the claimant’s debt to a third party. Also successfully resisting costs appeal, confirming that judge was entitled to order the defendant to pay costs incurred by the claimant in obtaining order for third party to preserve documents for purposes of both the claim against the defendant and a separate claim against the third party.

For claimant shareholder and director of leading fashion brand, complaining of breaches of fiduciary duty and shareholders’ agreement in his exclusion from the company and amendment of Articles of Association. Expedited trial listed for 2027.

For defendants and counter-claimants in shareholder dispute, following their exclusion of two directors for breaches of fiduciary duty and shareholders’ agreement.

For claimant aerospace company, obtaining findings of serial breaches of fiduciary duty by former interim CEO.

For respondents to unfair prejudice petition regarding English holding company of South American airline, facing allegations of wrongful dilution of minority.

For unfair prejudice petitioner, seeking buy-out based on allegations of unlawful extraction of funds by managing director.

For unfair prejudice respondents and cross-petitioners, in case involving interim injunctions as to management of company pending trial.

For claimant former director, successfully establishing that he was entitled to be repaid funds advanced informally to company in distress, and defeating seven-figure counterclaim for alleged breaches of duties.

For successful petitioner for unfair prejudice under s. 994 of the Companies Act, who complained of an undervalue sale of the company’s operating subsidiary by the majority to themselves. The Court found that the subsidiary, which had been sold for £150,000, was in fact worth £2.9m. The majority shareholder was ordered to buy out the petitioner’s shares based on that value, notwithstanding that the subsidiary had since entered administration. Further, a third party – who was neither a shareholder nor a director – was found secondarily liable, having colluded in the scheme.

Successfully resisting application to strike out unfair prejudice petition on grounds of delay and acquiescence.

Successfully resisting amendments to unfair prejudice petition following an initial trial, on grounds of res judicata and the jurisdiction of the Court to consider the affairs of a foreign subsidiary.

For former director facing allegations of breach of duty regarding the sale of a subsidiary to a connected party. 

For majority shareholder of pharmaceutical company, seeking relief following the hi-jacking of the company by an unauthorised purported director. Final injunctive relief obtained, together with order for rectification of the register. 

For majority shareholders seeking injunction in support of arbitration proceedings, in context of dispute regarding leading restaurant group (operating the Wosleley, the Delaunay and others). The majority subsequently purchased the business from administrators. 

For the Respondent to a £100m claim for unfair prejudice in relation to a major pharmaceutical import and distribution business. Security for costs obtained March 2021.

For successful respondents to an unfair prejudice petition regarding an English company holding shares in a major Russian insurer. The Court rejected the petitioner's case that it was in truth a 50/50 shareholder and inheritor of a quasi-partnership interest, following evidence regarding discussions between Russian principals over two decades.  

For respondents to claims seeking to unwind loan contracts based on allegations of bribery and corruption.

For claimant investment consultant, seeking damages for breach of London arbitration agreement following New York proceedings that were struck out for lack of jurisdiction. 

Successfully resisting claim for breach of settlement agreement, on basis that the defendant had complied with “reasonable endeavours” clause in context of uncertainty regarding application of US sanctions regime.

For the claimant joint venturer seeking declarations of right to buy out partner, following events of insolvency.

For defendants to various section 67 and 68 challenges to a $95m arbitration award following unlawful exclusion from a property joint venture in Moscow.

For claimant telecoms business in dispute arising out of Chinese supplier's repudiation of long-standing maintenance and support contract, including cross-examination of accountancy experts.

For the claimant founder of an investment management business, alleging breach of fiduciary duty by co-founders in various proposed restructuring transactions. 

For the UK supplier of MRI equipment to a Russian research facility, including cross-examination of technical experts.

For the respondent IT supplier in a major claim brought by a UK public authority in relation to the provision of a new IT system.

For the defendants in proceedings alleging mismanagement of an international telecoms group.

For judicial review claimant in two actions challenging decisions of regulator to grant market authorisations for competing generic drug products. Cases raise questions of the impact of post-Brexit changes to UK pharmaceutical regulation regime.

For founder of private bank, obtaining judgment clearing him of any involvement in or knowledge of a document contemplating unlawful action.

For Cabinet Office, successfully appealing direction to release information about civil servants who received fines for breaching lockdown restrictions.

For Cabinet Office, successfully resisting appeal regarding request for information about appointment of a government minister to the House of Lords.

Acting pro bono for asylum seeker claiming risk of persecution if returned to South Africa. Appeal conceded by Home Office on eve of hearing.

For Cabinet Office, successfully resisting appeal against withholding of communications with Advisory Committee on Business Appointments (“ACOBA”) in relation to an application for advice by a former minister.

For the Parole Board in successfully resisting challenge to the first ever dismissal of a member on the grounds of gross negligence.

For manufacturer of innovative drug, seeking declaration that it continues to enjoy market exclusivity in the UK, notwithstanding post-Brexit developments in EU case law.

Advising a range of political organisations about statutory restrictions on donations and spending, and on potential enforcement actions by the Electoral Commission.