Profile description
Directories praise him in the fields of Commercial Dispute Resolution, Company & Partnership & Defamation for his “great legal knowledge and an uncanny ability to identify problems at an early stage”, for being “simply excellent with clients” and as “a tenacious and savvy advocate, who is quick to get to grips with the papers”. “He is a first class tactician and always impressive on his feet. He has a really lovely advocacy style. He is charming, energetic.” In addition, both the Supreme Court and Privy Council have praised his advocacy in judgments – “spirited and impressive” [2017] UKSC 33 and “force and realism” [2014] UKPC 6.
Business and Commercial law
William handles a broad range of business related cases, with the bulk involving either disputes between businesses or concerning the ownership and conduct of businesses. He is recommended in Commercial Dispute Resolution and Company & Partnership ‘Particularly for offshore company disputes’ having acted or advised in cases concerning companies in Dominica and the Far East: Energenics & Neuftec v Hazarika [2014] EWHC 1845 (Ch), the Bahamas: Cordes v Sentinel [2008] UKPC 60 and the Isle of Man.
His domestic caseload often focuses on unfair prejudice/derivative actions of which examples in the public domain are
- Rangers Retail v TRFC [2017] EWHC 737 (Ch) – a case concerning the ability of a JV partner to bring a derivative action when the JV agreement purports to exclude any right to sue the defendant.
- Re Mister Dee International [2009] EWHC 1902 (Ch) and [2010] EWCA Civ 1408 – successfully resisting a claim for unfair prejudice relief and the setting aside of a share transaction in a 3 week hearing and in the Court of Appeal.
- An unfair prejudice petition (alleging unfair dilution) was settled following cross-examination of the company’s accountant exposing his lack of understanding of the company’s solvency.
Cases where directors or employees are said to have breached their duties for their own benefit (or the befit of others) include
- Re Ruskin Private Hire Ltd [2017] resisting claims by a liquidator against the finance director for breach of duty and trust.
- Energenics & Neuftec v Hazarika [2014] EWHC 1845 (Ch) resisting claims for damages based on breach of contract and breach of fiduciary duty against the seller of a Dominican company.
- Killen v Horseworld Ltd [2012] EWHC 363 (QB) obtaining an account from a defaulting director who diverted corporate opportunities to a new company bought by her after she had been dismissed for attempting a similar diversion.
William led the team representing Rangers International FC, The Rangers Football Club and its Chairman Dave King in the dispute with Mike Ashley and Sports Direct PLC. He secured the dismissal as an abuse of process of an application to commit Mr King to prison [2016] EWHC 85 (Ch), the striking out of parts of that substantive claim and the imposition of terms upon Sports Direct PLC when it sought to discontinue the balance of its claim on the eve of the trial. He was retained on the further actions then brought against and by Sports Direct until the overall disputes were eventually compromised.
In the trial of a dispute between competing funeral plan suppliers, following cross-examination of the claimant company’s witnesses the claimant discontinued its claim and its managing director (and final witness) resigned the following day.
William has also acted successfully on behalf of claimants seeking damages from banks and solicitors for mis-selling or mishandling of financial and property transactions, including:
- An IT start-up seeking damages for loss of the chance to develop its product because its banker breached the conditions of the loan upon which it was relying.
- Individuals and corporations who sustained losses due to negligent advice about the level of risk of certain investments or the ineffectiveness of schemes presented to them as “tax efficient” or who were mis-sold interest rate “swap” products.
In Trinidad & Tobago his cases include disputes over the development/construction of multi-million pound hotel and villa leisure resorts and substantial highway contracts.