Philip Sewell

• UTB LLC v Sheffield United ltd and others 2019 EWHC 914 [ch] – Shareholder dispute between the co owners of Sheffield United FC; exercise of property options in relation to Bramall Lane Stadium unfair prejudice under s 994 Companies Act 2006and breaches of directors duties.
• Dayani v Investec (Circuit Commercial Court, Bristol) (HHJ Russen QC) (December 2020) – [Claim No: 2020-BRS-000025] – Representing Investec in proceedings requiring a receiver to agree to sale of development property in London owned by company owned by Dayani; raising questions as to the extent to which a court can direct an LPA appointed receiver.
• Scottish Coal & Others v RSA & Others [2008] LI Rep 718 – For the last ‘deep mining’ company in the UK, involving recovery of damages from insurers who had wrongly avoided cover following a major mining collapse in the insured’s Longannet coalmine.
• Stokors v IG Index 2013 AER [D] 300 Financial Derivatives Litigation [2013] – Derivatives, contracts for difference and dishonest assistance/knowing receipt claim worth around 100 million Euros.
• Investec v Zulman & Zulman [2009] EWHC 1590 (Comm)(Banking & Finance) – Dispute over construction of and enforceability of bank guarantee.
• DTI v Goldberg & McAvoy [2003] EWHC 2843 (Ch) [2004] 1 BCLC 597 (Media) – Crystal Palace Football Club directors’ disqualification, directors’ duties and company law issues.
• Various actions for AGR Well Management (a Scottish based oil project management company) and parent: Petroleum Services – allegations of breach of contract and negligence in respect of provision of services relating to West Africa and North Sea based oil exploration; 2016 insolvency of First Oil plc.
• Howe-Jones v Flight Ambulance International – Rent-a-Jet [2009] QBC (medical negligence/aviation) – Claim for damages brought against Medical Air Evacuation company, involving Montreal Convention issues.
• IKEA plc (2017) – dispute involving recovery of damages for overcharging and breach of contract by logisitics and distribution supplier.
• Redwell v 1-3 Cuba Street 2005 EWCA civ 1799  Court of Appeal – Sale of land , estoppel by convention , Law of Property Act 1989 , sufficiency of oral agreement as to interest.

Health and Safety

• Health and safety due diligence support (working alongside other specialists within the firm) for corporate transactions (in particular, where there is the acquisition of property assets), acting for buyers or sellers, including input into due diligence reporting, share purchase agreements, and advising on warranties and indemnities in respect of health and safety issues arising during the transaction.
• Advising construction clients, hospitality businesses and insurers/their insureds in relation to workplace fatalities, supporting the client through the investigation process, liaising with insurers, and defending clients in respect of subsequent prosecutions and/or civil claims, Fatal Accident Enquiries and Coroner’s Court inquests.
• Advising a nationwide tool hire business on health and safety issues arising out of their establishment of a centralised hub operated by a third party supplier to maintain and service tools, plant and equipment.

Financial Crime and Market Regulation

• Advising various clients on Financial Service and Markets Act 2000 obligations, money laundering and proceeds of crime legislation relating to regulatory offences and the potential of proceeds of crime legislation to apply/taint existing funds.
• Advising a UK-wide client, which operated a technology-based contracts for difference and spread betting service, on allegations of fraud and dishonest assistance.