Gregory Banner QC

Gregory has a broad litigation and advisory practice encompassing company, insolvency, commercial Chancery and commercial work. He has appeared in a number of reported cases, covering a broad range of topics within these areas. He has extensive trial and appellate experience.

Recently his practice has focussed on international disputes with either or both of a Russian and natural resources flavour. He has experience of gold mining, refining and trading disputes, oil drilling and trading disputes, gas exploration and wind farming matters. He has dealt with such matters in Court in England and in ICC, LCIA and ad hoc arbitrations. His cases have seen him involved in disputes over land in Moscow, Sochi and Siberia.

Closer to home, he has extensive experience of share warranty claims, s994 petitions, insolvency office holders claims and investigations and claims for fraud and breach of fiduciary duty. His commercial contract practice extends from property developments and deals through to financial instruments, with most things in between.

He is well versed in pre-emptive remedies and post judgment asset tracing, including by acting for liquidator claimants in VAT carousel frauds, in separate and unrelated claims against property developers Scot Young and Douglas Maggs, in the Courtwood Holdings claim (below), and in numerous other pre-action and post-judgment proceedings.

Most of his cases are document-heavy and high value. For example, he has acted in a $15m commodities claim, a $300 million fraudulent misappropriation of assets claim, a dispute over a $400m Russian land development deal, a dispute over a $600m oil trading deal, a dispute concerning a £100m property fund, a $100m land development dispute and a claim over a $500m listed company.

Since taking silk in 2018, he has been heavily involved in Courtwood Holdings SA (a claim for £30 million based on complex allegations of breach of fiduciary duty in relation to a property investment), and conjoined LCIA and ICC arbitrations, seeking recovery of in excess of $100 million and concerning allegations of bribery and agency in the international fertiliser trading markets.

He has also acted over a period of years for a number of government departments and bodies on contractual and regulatory contentious and non-contentious issues, and as a result has a keen insight into the approach of such bodies to litigation.

He has been recommended in The Legal 500 for insolvency work and in Chambers UK Directory for company work for many years.

Notable Cases

X v Y [2019] LCIA and ICC conjoined arbitrations concerning allegations of bribery and agency in relation to global fertiliser trading
Sovereign Property Holdings Ltd v London & Ilford Ltd [2017] EWHC 1773 (Ch); [2018] EWCA Civ 1618 dispute over construction of transfer agreement concerning obligation to pay overage at first instance and on appeal to Court of Appeal
X v Y [2016] – LCIA arbitration concerning expulsion of partner from limited liability partnership and quantification of claim.
Courtwood Holdings SA v Woodley Properties Ltd [2018] EWHC 2163, [2017] EWHC 3514 (Ch), – claim to trace proceeds of sale of property following breach of fiduciary duty by property management company; various interim applications culminating in three week trial
X v Y [2016] – LCIA arbitration concerning termination of shareholders’ agreement
Sandford Farm Properties Limited v Maggs [2015] EWHC 2999 – successful application to permit use of materials obtained under s 236 Insolvency Act 1986 by a second assignee of the liquidated company’s causes of action
Mirador v MF Global [2015] EWCA 1535 – substantial recovery upon taking account following judgment
X v Y [2014] – resisted challenge to jurisdiction in LCIA arbitration concerning corporate control in the context of alleged fraudulent disposition of assets
Ludsin v Maggs [2014] EWHC 3566 – successful appeal against value assigned to security held by petitioning creditor
Ludsin Overseas Ltd v Eco3 Capital Limited [2013] EWCA Civ 413 – successfully resisted appeal against trial Judge’s finding of fraudulent misrepresentation
X v Y [2013] – ICC arbitration concerning breach of contract to manage a gold mine
X v Y [2013] – successful ICC arbitration to recover damages for breach of sale of commodities contract
Mirador v MF Global [2012] EWCA Civ 1662 – resisted appeal against trial Judge’s finding on liability
Ludsin Overseas Ltd v Eco3 Capital Ltd & ors [2012] EWHC 1980 – successful claim for fraudulent misrepresentation after failed property investment deal
Ashcroft v Ashcroft [2011] EWHC 1997 – family company dispute over farmland
Bank of Scotland v Hussain [2011] EWHC 1934 – successful claim on bank guarantee
Mirador v MF Global [2011] – successful claim for commission on derivative, FX and options trading
MGN v Grisbrook [2010] EWCA Civ 1399 (CA); [2009] EWHC 2520 (first instance) – scope of implied licence granted by freelance photographer to national newspaper in the context of online and online archive use
EAP Securities Ltd [2010] EWHC 2421 – s 994 Companies Act 2006 petition and strike out.
ED Games Ltd [2009] EWHC 223 – proper measure of loss for claims under s 212 Insolvency Act 1986
Curtis v Lockheed Martin UK Hldgs Ltd [2008] EWHC 2691 – successful claim for breach of warranties following share sale
Key TV v Ramsay [2008] – successful claim for breach of fraud and breach of fiduciary duty
Curtis v Lockheed Martin UK Hldgs Ltd [2008] EWHC 260 – no stay of domestic proceedings while similar parallel proceedings ongoing in Italy
Crucial Music v Klondyke Management AG [2007] EWHC 1782 – place of performance of a warranty under the Judgments Regulation and the Brussels Convention
Arduina Holding BV v Celtic Resources plc [2006] EWHC 3155 – appeals under the Arbitration Act 1996; costs of unsuccessful party
Secretary of State for Trade & Industry v Gee [2006] BCC 384 – award of indemnity costs against SoS upon discontinuance of disqualification proceedings
Inland Revenue Commissioners v McEntaggert [2006] 1 BCLC 476 – personal liability for debts of a company under s 15 of the CDDA 1986; abuse of process and issue estoppel
Secretary of State for Trade & Industry v Andrews [2005] EWHC 3513 – meaning of “permitting” action to take place in proceedings under s 6 of the CDDA 1986
ARK v Event Vision [2004] EWHC 691 – setting aside default judgment on appeal where fabrication of evidence alleged
Woodward v Bertelsman Music [2003] EWHC 1314 – strike out of libel and malicious falsehood proceedings; abuse of process and issue estoppel
Temporary Roadway Access v Trax 3/5/02 – passing off; interim injunction
Reynard v Secretary of State for Trade & Industry [2002] 2 BCLC 625 – conduct of a director in the witness box as ground of unfitness in s 6 CDDA proceedings
Worwood v Leisure Merchandising [2001] 1 BCLC 249 – breach of fiduciary duty and breach of duty by mortgagee in possession; enforcement of charge over shares in a company
Re Priority Stainless Ltd [2001] 2 BCLC 222 – stay of CDDA proceedings when parallel criminal proceedings pending
Re Saver [1999] BCC 221 – phoenix trading
Nice and Safe Attitude v Flook [1997] FSR 380 – passing off; goodwill in mark NASA when not used by National Aeronautics and Space Administration
Bassey v Icon [1995] EMLR 596 – performers’ rights; scope of consent to exploitation of performances
Re Mountforest [1993] BCC 505 – interim remedies and appointment of receiver in s 459 (now s 994) petition

Qualifications

MA (Cantab)