Chambers UK 2020

A leading commercial chancery set that has a sizeable caseload relating to LLPs and other types of partnership. It possesses a bench that is both broad and deep, and has many experienced silks and juniors who are equally adept at handling both advisory and contentious partnership cases. Members represent both individuals and firms in professional partnerships across the whole business spectrum and have an especially long history of acting for those involved in the agricultural and professional services sector. Of late, however, they have increasingly been busying themselves with financial services-related partnership work, and have been particularly engaged in the hedge fund and private equity fields. One solicitor characterised the set thus: "We like barristers who roll their sleeves up, which they all do at Serle Court. The barristers are all very intellectual but easy to work with, and they demonstrate a real passion for their cases."

Client Service: Head clerk Steven Whitaker "has been around for many years. He's very responsive and knows how to nudge his barristers in the right direction when needed."

Silks:

John Machell QC: "Has a strong command of the brief and is excellent if there are complex issues at play." "Extremely able, intellectually impressive and good both in court and on the papers."

Philip Jones QC:  "A very persuasive and smooth advocate who is a real heavyweight chancery silk."

Juniors:

James Mather: "A very clever barrister who has good awareness of what the client's objective is and doesn't just trot on from one argument to the next. He impresses with his advocacy and how he handles himself generally in court."

Jennifer Haywood: "Very straightforward in her advice and very well liked by clients." "She is always excellent with her response times and flexible when it comes to being available at short notice."

Thomas Braithwaite: "He's unflappable; he was in a case where both sides had voluminous amounts of information to juggle and, although on his own, he did a sterling job." "He is very capable in this field and very good to deal with."

Legal 500 2020

Silks:

John Machell QC: "He is the doyen of specialist partnership counsel; he works exceptionally hard and is fantastic to work alongside; a consummate team player."

Philip Jones QC: "He is pragmatic and commercially astute."

David Blayney QC: "He is a fearsome lawyer; his capacity both to absorb and process information and turn that into a winning strategy is phenomenal."

Frank Hinks QC: "He is a highly experienced and very effective QC."

Jonathan Adkin QC: "He has a strong but well-measured presence in court, is clear and concise in his advocacy and cuts through the issues in the case."

Juniors:

Jennifer Haywood: "She is calm, hugely experienced in her field and very good at explaining complex concepts to lay clients."

James Mather: "He is a very thoughtful and cerebral senior junior who is a real team player and an established star of the contentious partnership Bar."

Thomas Braithwaite: "He has a precise and forensic legal mind and appears to have complete mastery of his practice."

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. 

Grupo Mexico v Infund LLP [2019] EWCA Civ 1673:

John Machell QC and Dan McCourt Fritz acted for the appellants in Grupo Mexico v Infund LLP [2019] EWCA Civ 1673, the first case in which the Court of Appeal has considered the power to rectify the companies/LLP register pursuant to s.1096 of the Companies Act 2006.

Zedra Trust (Jersey) v The Hut Group Ltd:

Lance Ashworth QC, James Mather, and Dan McCourt Fritz represent the defendants in Zedra Trust (Jersey) v The Hut Group Ltd in various sets of proceedings relating to the multi-billion-pound company including an unfair prejudice. 

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.

Liontrust Investment Partners LLP & Ors v Flanagan [2017] EWCA Civ 985:

Please click here to view the judgment.

Hosking v Marathon Asset Management Ltd [2016] EWHC 2148 (Ch):

John Machell QC acted for Jeremy Hoskin in Hosking v Marathon Asset Management Ltd in which Newey J decided that the fiduciary forfeiture principals apply to partnership and LLP profit shares. 

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

Please click here to view the judgment.