Olivier Kalfon
Call 2003
okalfon@maitlandchambers.com
Olivier specialises in commercial chancery litigation with a strong emphasis on business disputes (often with an international dimension), civil fraud, company and insolvency, and banking / financial services litigation.
He is recommended in the directories as a leading junior in numerous practice areas including commercial litigation (Legal 500), dispute resolution: commercial chancery (Chambers Global) chancery: commercial (Chambers UK) and restructuring/insolvency (Legal 500, Chambers Global and Chambers UK).
The directories have described Olivier as “a confident and assertive advocate with a sharp intellect”, who “turns judges around, and is very impressive in court. He's not easily deflected - he's got real steel.” Olivier is “very clever, very reliable and a great team player” as well as being “responsive, attentive and a consistent pleasure to deal with”. “He’s the full package”.
Recent work includes a shareholder dispute in the Cayman Islands concerning a Chinese clothing brand, shareholder disputes in the BVI and St Kitts and Nevis concerning African mining companies, and an LCIA arbitration arising out of the sale of a substantial group of manufacturing companies in Eastern Europe.
Areas of practice
Commercial Litigation and Civil Fraud: including heavy business disputes within a wide range of sectors, civil fraud (such as freezing orders and other interim relief, asset-tracing and recovery, and civil claims based on dishonesty), litigation arising out of share and business sale agreements, and jurisdiction / choice of law disputes.
Company, Partnership and Insolvency: including shareholder disputes, partnership disputes, joint ventures, directors’ duties, corporate and personal insolvency, property issues in insolvency, antecedent transaction avoidance, applications to challenge or remove office holders, bond claims and cross-border insolvency.
Banking & Financial Services: investment banking and private equity disputes, mis-selling claims, secured lending, asset financing and claims under guarantees and indemnities.
Professional Negligence: including claims against insolvency practitioners, accountants and solicitors.
Sample cases
-
Sandhu v Nagra [2018] EWHC 763 (Ch) - three-week trial of shareholder dispute concerning a clothing manufacturing business.
-
Re Chowdhary Limited [2017] EWHC 557 (QB) - summary judgment / strike out application in respect of claim by former franchisee alleging fraudulent and negligent misrepresentation.
- Greig v Lauchlan [2017] EWHC 535 (Ch) - trial of action to recover company shares and properties said to have been transferred under undue influence and held on constructive trust.
- Re Thomas [2017] EWHC 314 (QB) - trial of action against bank for alleged breach of "information duty”.
- Re Fashionup Limited (2016, ChD) - shareholder dispute, successful application to discharge freezing injunction for material non-disclosure.
- Lord Chancellor v Blavo [2016] EWHC 126 (QB) - contested freezing injunction in the context of a £22m claim issued by the Lord Chancellor.
- Re Cartel Client Review Ltd [2016] EWHC 442 (Ch) - trial of action to recover unlawful dividends and property held on constructive trust.
- Advising a media conglomerate on its commercial dispute with a satellite operator concerning the licensing and distribution of various television channels.
- Advising an investment bank on the recovery of mortgaged commercial aircraft registered in a foreign jurisdiction.
- Advising the former minority shareholders of a financial services company on claims for fraudulent misrepresentation and breach of fiduciary duty against the company directors.
- Acting (with Christopher Pymont QC) in a claim brought by financial institutions alleging conspiracy to defraud and fraudulent misrepresentation (ChD, 2014). Case settled.
- Acting in a complex claim for damages brought by a venture capital firm for alleged breach of an exclusive jurisdiction clause in an investment agreement (QBD, 2014). Case settled.
- Acting in professional negligence claim against insolvency practitioners alleging inadequate pre-sale marketing of companies within renewable energy sector (ChD, 2014). Case settled.
- Smith v Jafton [2013] 2 EGLR 104 - claim for declaration of entitlement to exercise right of collective enfranchisement (appeared as junior counsel).
- Point West (London) Limited v Rothschild Trust (Bermuda) Limited [2012] EWCA Civ 884 - acting for Rothschild Trust in property dispute (service charges, defective curtain-walling) concerning penthouse apartment. Appeared as junior counsel in the Court of Appeal.
- ACCA v Koumettou [2012] EWHC 1265 (Ch) - acting for ACCA in contested insolvency block-transfer application.
- Re Rebell Holdings Limited [2011] EWCA Civ 977 - liquidator’s claims to recover payments by directors alleged to have been made in breach of fiduciary duty (ChD trial and Court of Appeal).
- Secretary of State for Business Innovation and Skills v Baer Limited [2011] EWCA Civ 420 - public interest winding up petition alleging that company was part of a fraudulent “rolling phoenix” operation (ChD trial and Court of Appeal).
- Acting in claim against solicitors alleging negligent advice given in connection with ‘phoenix’ trading under insolvency legislation. ChD proceedings settled.
- ICAEW v Webb [2009] EWHC 3461(Ch) - acting for ICAEW in contested insolvency block-transfer application.
- Dayman v Aziz [2008] EWHC 2244 (Ch) - court appointed receiver’s entitlement to costs and lien over properties. Whether entitlement precluded under CPR 69.7.
Offshore
Olivier has offshore legal experience and was admitted to the Bar in the Cayman Islands in 2006. In 2016 Olivier was admitted to practice as a Legal Practitioner in the Eastern Caribbean Supreme Court (BVI).
Memberships
Commercial Bar Association
Commercial Fraud Lawyers Association
Chancery Bar Association
Insolvency Lawyers Association
British-Russian Law Association
Publications
Annotated Guide to Insolvency Legislation and Practice (Butterworths) - Editor
Butterworth’s Property Insolvency (2015) - Editor
Jowitt’s Dictionary of English Law (3rd edition, Sweet & Maxwell) - Contributor
Qualifications
BSc Economics (LSE)
Languages
French (fluent)