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Ryan Turner

Call 2017

rturner@maitlandchambers.com

Ryan has a broad practice that principally takes in commercial and commercial chancery disputes. He is regularly instructed as sole counsel or as part of a counsel team in complex and high-profile disputes in the High Court and appellate courts that involve civil fraud, company and insolvency law, contract law, private international law, charity law, or electoral law

Ryan's recent and current work includes:

  • acting as junior counsel before appellate courts, including the Supreme Court and the Privy Council, and on written applications for permission to appeal.
  • acting as sole counsel or junior counsel in multiple cases involving allegations of fraud, conspiracy, and other wrongs.
  • appearing as sole counsel or as junior counsel on behalf of parties seeking or resisting interim remedies, such as injunctions, and orders to facilitate the enforcement of judgments, often at short notice.

Not all cases in which Ryan is instructed proceed to judgment or are reported, but the following reported cases illustrate the breadth and nature of his practice:

  • Convoy Collateral Ltd v Broad Idea International Ltd & Roy Cho, JCPC 2020/43, 16-17 February 2021: Ryan was instructed as junior counsel before the Privy Council in a challenge to the jurisdiction of the British Virgin Islands’ Court and the power of the court to grant a freestanding freezing order in support of foreign proceedings.
  • Re The Children’s Investment Fund Foundation (UK); Cooper v Lehtimäki [2020] UKSC 33: Ryan was instructed as junior counsel in a landmark appeal in the Supreme Court concerning the scope of the court’s supervisory jurisdiction in respect of charities and the duties of the members of a charitable company.
  • Goldman & Ors v Zurich Insurance Plc [2020] EWHC 192 (TCC): Ryan was instructed as junior counsel on behalf of the claimants in proceedings concerning an unlawful means conspiracy and fraud based on the (alleged) unlawful certification of a development. The proceedings settled on confidential terms after the claimants successfully resisted an application to strike out the claims for Henderson v Henderson abuse.
  • Balengani v Sharifpoor [2020] EWHC 1571 (QB): Ryan appeared as sole counsel and then as junior counsel in the Queen’s Bench Division in defending enforcement measures raising jurisdictional issues and applying to set aside a historic judgment rendered in the applicant’s absence and then to strike out the claims.
  • UK College of Business & Computing Ltd v Bath Spa University [2020] EWHC 2157 (Comm): Ryan was instructed as junior counsel to obtain an urgent interim injunction following the purported termination of a long-term contract.  The claim involved issues of estoppel, waiver, and force majeure in connection with the COVID-19 pandemic. The case settled on confidential terms shortly before an expedited trial.
  • Hanson & Ors v Carlino & Ors [2019] EWHC 1940 (Ch): Ryan appeared as sole counsel and junior counsel in a series of proceedings successfully seeking a range of remedies against a director and related parties. The proceedings involved claims for breach of duty, breach of trust, dishonest assistance, knowing receipt, and a claim to relief under the Companies Act 2006 to convene company meetings. The proceedings ultimately led to the bankrupting of the malfeasant director.
  • HML PM Ltd v Canary Riverside Estate Management Ltd [2019] EWHC 3496 (QB): Ryan was instructed as junior counsel in the successful defence of an interim confidentiality injunction. After a contested hearing over three days, the proceedings were discontinued by the claimant.

Alongside his busy practice, Ryan is currently writing a book on commercial law and remedies that is due to be published later this year: Rights, Powers, and Remedies in Commercial Law (Sweet & Maxwell, 2021). Ryan is also a contributor to the forthcoming supplement to the leading work on civil fraud, Grant & Mumford on Civil Fraud: Law, Practice & Procedure (1st edn, Sweet & Maxwell 2018).

Prior to joining Chambers, Ryan practised as a solicitor at a leading commercial law firm in Australia, where his practice involved a mixture of contentious and non-contentious commercial law, as well as an extensive pro bono practice.  Ryan has also previously worked in politics in Australia and the United States and in the non-government sector.

Qualifications

Ryan graduated from the Australian National University with a Bachelor of Arts (History; Politics) and a Bachelor of Laws, both with first class honours, and Trinity College, University of Cambridge with a Master of Laws, first class honours, and a Postgraduate Diploma of Legal Studies. Ryan was elected a Senior Scholar of Trinity College and has been awarded a range of prizes and scholarships, including the Banking and Financial Services Law Association Research Prize and the Law Council of Australia’s Santow Scholarship.

Articles & Publications

Ryan has published articles in the Company LawyerCompany & Securities Law Journal, the Journal of Banking and Finance Law and Practice, Trusts & Trustees, Trust Law International, The University of New South Wales Law Journal, the Melbourne Journal of International Law, and The Australian Journal of Political Science on a range of topics. His writings include articles on:

  • the role of the court in supervising the exercise of discretionary contractual powers and powers granted to third-party experts: ‘Remedying the Unlawful Exercise or Non-Exercise of a Non-fiduciary Power’ [2020] Lloyd’s Maritime and Commercial Law Quarterly 584.
  • the test for an ad-hoc fiduciary relationship and its application to the members of charitable companies: ‘The “Fiduciary” Member of a Charitable Company’ (2018) 24(9) Trusts & Trustees 869; and
  • the proper approach to the construction of powers granted to non-fiduciaries under trust deeds: ‘Is the Power to Appoint a Trustee a Fiduciary Power in the Hands of a Non-fiduciary?’ (2018) 32(3) Trust Law International 163.
  • the ability of shareholders to pass resolutions informally in accordance with the Re Duomatic principle in circumstances where shares are held on trust and a corporate shareholder has been dissolved: ‘Re-writing the Rules of Company Law and Equity: a case comment’ (2017) 38(7) Company Lawyer 219;

The clerks are happy to discuss the basis on which Ryan will act in any given matter. In the absence of express written agreement otherwise, the terms under which Ryan accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.