Chambers UK 2021

A pre-eminent set with a deep bench of barristers who act for law firms, financial services companies and other professional services clients in connection with a variety of partnership issues. Members also represent property developers and individual partners in family partnerships. The set is known for having developed strong arbitration and mediation practices and for being home to barristers who "combine detailed legal knowledge with practical application; they invariably present their advice in a client-friendly manner."

Client Service: Head clerk Steven Whitaker runs a  "very well-run clerking team" that includes the "terrific" Nicholas Hockney.

Silks:

Philip Jones QC: "Instructed when clients are looking for a heavyweight name with sound commercial judgement."

John Machell QC: "Without doubt a top silk in partnership and LLP matters," who is "sharp of mind, commercial and popular with clients." "He is extremely accessible and user-friendly and quickly manages to distil very complex legal issues down to their essence. John commands complete confidence and always delivers a clear analysis of the legal position and risk."

Juniors:

Jennifer Haywood: "Combines high-level strategic advice and lateral thinking with an attention to detail that is unsurpassed." "She is particularly well known for her partner disputes work and is excellent at mediation." "She develops good relationships with clients and gives sound advice on the merits of a case and in settlement negotiations."

Thomas Braithwaite: "A highly intelligent advocate who provides great client service."

James Mather: "Exceptionally bright and very articulate." "He is very responsive, incisive and user-friendly."

Legal 500 2021

Silks:

Philip Jones QC: "He provides clear, concise oral advice and it is clear that he is always on top of the papers."

John Machell QC: "Deep level of expertise on all matters LLP or partnership."

David Blayney QC: "Large-spirited and unflappable."

Jonathan Adkin QC: "He is extremely persuasive and effective on his feet"

Juniors:

Jennifer Haywood: "She obviously knows her subject very well and gives clear and sensible advice."

Thomas Braithwaite: "Super efficient! Very knowledgeable and able to simplify very complex matters."

James Mather: "Very clever, razor-sharp mind, absorbs the detail, pugnacious when necessary."

Top 10 #SerleShare Updates 2020:

Attorney General v Zedra Fiduciary Services (UK) Ltd [2020] EWHC 2988 (Ch):

In Attorney General v Zedra Fiduciary Services (UK) Ltd [2020] EWHC 2988 (Ch), Will Henderson acted for the Attorney General. This involved ‘The National Fund’ which was settled with £500,000 of cash and securities in 1928 on trust to accumulate income and profits until the date fixed by the trustee as being the date when, either alone or together with other funds then available for the purpose, the fund was sufficient to discharge the National Debt. The fund was then to be transferred to the National Debt Commissioners to be applied by them in reduction of the National Debt. The Fund is now worth about £0.5 billion. Zacaroli J held that there was a valid charitable trust and that the court had jurisdiction to order a cy-pres scheme. He adjourned the question of what (if any) scheme to order.

Please click here to view the judgment. 

Loveridge v Loveridge [2020] EWCA Civ 1104:

Lance Ashworth QC and Dan McCourt Fritz acted for the successful Appellants in Loveridge v. Loveridge [2020] EWCA Civ 1104 overturning injunctions in an unfair prejudice petition and in partnership proceedings which had granted the running of the companies and partnerships to a minority shareholder and partner.  The Court of Appeal effectively put the majority back in charge.  Both the petition and the partnership proceedings continue and will come on for trial in 2022.

Please click here to view the article discussing the judgment, and here for the judgment.

Grupo Mexico SAB DE CV & Ors v The Registrar Of Companies For England And Wales & Ors [2018] EWHC 1306 (Ch):

Please click here to view the judgment.

Lady Moon v Petricca:

James Mather acted for the respondent fund management company in Lady Moon v Petricca, in which an SPV of the American private equity firm Cerberus sought to wind up a substantial Italian investment fund. This was the first claim of its kind in which an allegedly insolvent foreign fund was sought to be wound up in the English Court on the basis that it is analogous to an English trust. Petricca successfully disputed the English Court's jurisdiction to hear the claim. 

Re Infund LLP:

In Re Infund LLP, John Machell QC and Dan McCourt Fritz act for the appellants in respect of a claim brought by Grupo Mexico seeking to avoid the restoration of an LLP to the Register of Companies. The case will be heard by the Supreme Court in October 2021 and concerns the proper construction and effect of section 1096 of the Companies Act 2006.

Schillings International LLP v Scott [2019] EWHC 1335 (Ch):

James Mather, instructed by Cooke, Young & Keidan’s Sinead O’Callaghan, successfully obtained the dismissal of an injunction application brought by Schillings against a former partner of the firm and an indemnity costs order against Schillings, which was ordered to pay the full amount of the respondent’s costs on summary assessment.  The Judge held that the application was in breach of a binding arbitration clause and reaffirmed the principle that costs will be awarded on the indemnity basis against a party who brings court proceedings in breach of an arbitration agreement.  Schillings was represented by Jeremy Callman, instructed by Fox Williams.

Backos v (1) WFW Global LLP (2) Watson Farley & Williams (New York) LLP [2019] EWHC 243 (Ch):

Campbell v Campbell [2018] EWCA Civ 80:

John Machell QC appeared in the Court of Appeal in the long running Campbell v Campbell [2018] EWCA Civ 80 partnership litigation on a point as to whether a litgant in person could recover the costs of an overseas lawyer. 

Please click here for judgment.

Krys & Ors v KBC Partners LP & Ors [2015] UKPC 46:

Please click here to view the judgment.

SerleShare:

'The Blame Game: Secretary of State v Geoghegan and others' article by Thomas Braithwaite

'Loveridge v Loveridge [2020] EWCA Civ 1104' article by Lance Ashworth QC & Dan McCourt Fritz

Legal Week:

'Partnerships in Crisis: How to Survive' article by Jennifer Haywood

Hedge Fund Journal:

'Covid-19 And UK Partnership Models' article by James Mather

Business Money:

'Virus might eject partners from partnership model' article by James Mather

Law Society Gazette:

'LLPs facing post-Covid-19 ‘bloodbath’' article by James Mather