Adam Chichester-Clark

Call 2000

Adam has a broad commercial chancery practice with a particular emphasis on the following areas:

  • Insolvency. Adam is regularly instructed in claims involving antecedent transactions, misfeasance and wrongful and fraudulent trading. He acts for and advises officeholders, lenders and insurers on issues arising out of administration, liquidation and voluntary arrangements. He recently appeared on behalf of the successful applicant in Hughes-Holland v BPE solicitors (aka Gabriel v BPE) [2015] [2015] A.C. 1663 in which the Supreme Court overruled the rule in Borneman v Wilson (1884) 28 Ch D 53, CA.
  • Insurance and Reinsurance. Adam has extensive experience of both contentious and non-contentious insurance work. Prior to joining Chambers in 2004, he practised as an employed barrister at Clyde & Co, where he was heavily involved in litigation/arbitration arising out of the PA EL spiral litigation and in litigation arising out of the failure of the split capital investment trusts. Since joining Chambers his practice has generally comprised claims and subrogated claims work and, on the non-contentious side, numerous insurance business transfer schemes and schemes of arrangement.
  • Professional Negligence. Adam advises and represents litigants, particularly insurers on recoveries to be made under subrogated claims, in professional negligence actions against directors, solicitors, valuers and building contractors. He acts for Mr Hughes-Holland (with David Halpern Q.C.) in his appeal to the Supreme Court on the issue of the scope of a solicitor’s duty of care in Hughes-Holland v BPE solicitors due to be heard in December 2016.
  • Company. Adam has particular expertise in claims involving allegations of breach of fiduciary duty, misappropriation and fraud claims by directors. He acted for Mr Willers (with Hugo Page Q.C.) in Mr Willers’s successful defence of the (discontinued) litigation brought against him by Langstone Leisure Limited for breach of duty and (with John McDonnell Q.C.) in Mr Willers’s subsequent appeal to the Supreme Court (Judgment pending) on the issue of whether there is a tort of malicious prosecution in civil proceedings in English law in related litigation, following the issue of a leapfrog certificate by Ms Amanda Tipples Q.C. in Willers v Gubay [2015] EWHC 1315 (Ch).

 

  • Cases of Interest

    Re Dowa Insurance Company (Europe) Limited (“DICEL”) & Aioi Nissay Dowa Insurance Company (Europe) Limited (“ANDIE”) [2016] Appearing for DICEL on its successful application for sanction of a solvent scheme of arrangement and for DICEL and ANDIE on their successful application for sanction of an Part VII insurance business transfer.

    Marcus Cooper & anor v Thameside Construction Company Limited [2016] Acting with Edward Bartley Jones Q.C. for Chubb insurers in respect of a subrogated claim for damages of circa £6.5m following the flood of a highly prestigious residential property in Hampstead. Trial of liability commencing 9 May 2016.

    Willers v Joyce [2016] Appearing with John McDonnell Q.C. and Hugo Page Q.C. in Mr Willers’s appeal to the Supreme Court on the questions of: (i) whether there is a tort of malicious prosecution of civil proceedings in English Law; (ii) the status of Privy Council decisions in English Law (in particular whether a first instance Judge is entitled to follow a decision of the Privy Council in preference to a decision of the Court of Appeal or a first instance Judge, sitting in the Courts of England and Wales). Judgment pending.

    LBI h.f. v Karen Millen [2016] Acting with John McDonnell Q.C. and Robert Bourne for Ms Millen in her defence of a claim brought by an Icelandic Bank for sums exceeding £50million, following her successful application for a statutory demand served by the Icelandic Bank to be set aside.

    Hughes-Holland v BPE solicitors (aka Gabriel v BPE) [2015] UKSC 39; [2015] A.C. 1663. Appearing for a trustee in bankruptcy on his successful application to the Supreme Court for a declaration to the effect that he would not be liable for BPE’s costs in the Courts below, irrespective of the outcome of the Appeal. In granting the declaration the Supreme Court overruled the decision in Borneman v Wilson (1884) 28 Ch D 53, CA. The substantive appeal on the issue of scope of a solicitor’s duty under the principles identified by Lord Hoffman in SAAMCO will be heard in December 2016.

    LBI h.f. v Millen [2015] Acting for Ms Millen on her successful application to set aside a statutory demand served by an Icelandic bank in respect of debts alleged to exceed £50million.

    Re Financial Services Limited & anor [2015] Appearing for the PRA in respect of the sanction of the transfer of long-term life insurance obligation under Part VII FSMA 2000.

    Carter-Meggs v Templeco 677 Ltd [2015] Acting for insurers in respect of a subrogated claim for damages of circa £2m following fire at a highly prestigious residential property in Guildford.

    Key Homes Limited v Rafik Patel [2015] Appearing for the Claimants on its successful claims for an account and breach of fiduciary duty against their former director in respect of monies obtained from investors in 8 commercial properties.

    Re The Steamship Mutual Underwriting Association (Bermuda) Limited [2014] Appearing for the Applicants in their successful application for a Part VII transfer of a US$300m insurance portfolio under FSMA.

    Pepceuticals v VWR International v WH Partnership v Home-Air [2015] Acting for insurers in a subrogated claim for damages of circa £1.5m following the flood of a specialist natural scientist laboratory, which produced peptides for human clinical trials.

    D&K Drost Consult GmbH v Foremost Leisure (Holdings) Ltd [2015] EWCA Civ 73. Appearing for the Appellant on the issue of whether the promoters of hotel development site in Hamburg were entitled to payment for their preliminary work on the project site on a quantum meruit basis.

    NS Holdings Limited v Vier Property Investments Limited [2014] Appearing with Edward Bartley Jones QC in respect of a company dispute arising out of the control and operation of a joint venture to construct a hotel at a site in Canary Wharf.

    Hayes v Hayes [2014] Bus. L.R. 1238 Appearing for the Respondent in an appeal against the dismissal of an application to set aside a statutory demand.

    Advising insurers on a subrogated claim for damages of circa £8m in respect of a multi-party conspiracy claim, having previously obtained Banker’s Trust relief.

    Gabriel v Little, BPE & ors [2013] CA. Acting for Mr Gabriel on his appeal against the dismissal of his claim for fraudulent representation and in response to an appeal by his former solicitors, BPE.

    Advising a financial services firm in respect of a multi-million pound claim arising out of the operation of a collective investment scheme.

    Advising an SME in respect of its claim for fraudulent misrepresentation arising out of its acquisition of a retail business.

    Nedgroup Trust Ltd v Nat West & anor [2013] Acting for insurers in obtaining Freezing and Banker’s Trust relief under a subrogated claim for fraudulent misappropriation of trust funds.

    Langstone Leisure Ltd (LLL) v Willers; Willers v Gubay [2013] Acting with Hugo Page Q.C. for the Defendant in a long-running case described in the Lawyer “as one of the biggest professional negligence battles of the year”. The action was discontinued shortly before trial in April 2013.

    GVA v Childress [2013] Acting for insurers under a subrogated claim for fraudulent misappropriation of about £3m

    Re Aston Lloyd & Partners Ltd [2013] Appearing for Liquidators in respect of s.112 IA 1986 applications regarding 8 international commercial development sites and for Berkeley Applegate relief.

    Crema v Savit & Symkowicz [2013] Acting for the alleged debtor on his successful defence of a Petition on jurisdictional grounds brought by his former US attorneys.

    Great Estates Limited v Digby [2013] Acting with David Lord QC on the Claimant’s appeal to the Supreme Court Estate Agents Act 1979 s.18.

    Freestyle Extreme Ltd v Loughlin & anor [2013] Acted for the Company in respect of its successful claim to recover for £2m following breach of fiduciary duties by its former directors.

    Gabriel v Little & ors [2012] EWHC 1193 (Ch) Appearing for the claimant in his claims for fraudulent misrepresentation, knowing receipt and professional negligence.

    Edwards & Godding Ltd v Fidler [2012] Acting for the Company’s former director in respect of the Company’s claim for breach of common law and fiduciary duties alleged to have caused losses of £800k.

    CMA Skylink Ltd v TAG Aviation (UK) Limited [2012] Acting for the Defendant in a dispute regarding the operation and management of a private jet.

    Hayes v Hayes [2012] EWHC 1240 (Ch) – acting for the Bankrupt on his application for discharge of an undischarged debt unders.281 IA 1986.

    Pawley v Rooke [2012] Acting for Insurers on a successful subrogated claim seeking to recover £2.5m for professional negligence following damage to property by fire.

    Re A Hatcher & Sons Limited [2012] EWHC 2473acting for the defendant director in respect a derivative claim involving allegations of breach of fiduciary duty and trust.

    O’Connell v Field [2011] Appearing for the Liquidator in an application for “search and seizure” relief under s.365 IA 1986, following the Respondent’s misappropriation of assets in the sum of about £6m from his former employer.

    Advising insurers on a successful subrogated claim seeking to recover £2m for professional negligence following damage to residential property by fire.

    Re Standard Steamship P&I (Bermuda) limited [2011] Acting for the Applicant in respect of its successful transfer of a multi-million dollar insurance portfolio under FSMA.

    Berryland Books v Baldwin & Navaratnarajah [2010] EWCA Civ 1440 Appearing as sole Counsel for the First Appellant in her successful 2 day appeal of a judgment finding her guilty of conspiracy and breaches of fidelity.

    Belfairs Management Limited v Sutherland & anor [2010] All ER (D) 59 (Sep) Acting for the Claimant  at the trial of its claim for fraudulent misrepresentation and breach of warranty.

    BSS Group Plc (t/a UGS) v Haughey [2010] – acting for defendant on his successful appeal against the dismissal of his application to strike out a claim on a personal guarantee.

    Re Tenecom Limited [2010] acting for the parties on the sanction of an insurance business transfer pursuant to FSMA 2000.

    Koshy v DEG & another [2008] EWCA Civ 27acting for the Claimant (with John McDonnell QC) in respect of claims to set aside judgments, obtained by a German Bank and the Liquidators of GVDC, for fraud.

    Re Malayan Insurance Company (U.K.) Limited [2008] – acting for the company on the sanction of an insurance cut-off scheme of arrangement.

    English & Scottish Maritime & General Insurance Company Ltd & AXA Global Risks (UK) Ltd – acting for the parties on the sanction of an insurance business transfer pursuant to FSMA 2000.

    Re Syndicate 982 and Sterling Life Limited – acting for the parties on the sanction of the first insurance business transfer from a Lloyds Syndicate pursuant to FSMA 2000.

    Woking Ex-service Memorial Club, Working Men’s Club & Institute [2006] EWHC 28/11/06 – advising and appearing for the Club in respect of distributions to members on its dissolution

    At Clyde & Co. Adam acted in numerous insurance and reinsurance matters often with an international dimension, including:

    • litigation (including numerous arbitrations) arising out of the Sphere Drake EL spiral litigation;
    • an arbitration for a life insurer concerning a premium rebate overpayment by reinsurers amounting to £100 million;
    • the first insurance business transfer scheme under the Financial Markets and Services Act 2000 WASA International & AGF Insurance Limited v WASA;
    • insurance claims arising out of investors’ allegations of the misselling of split capital investment trusts;
    • the recovery of US$115 million on behalf of the Turkish Government and Italian contractors as a result of earthquake damage to the Ankara/Istanbul Highway in 1999, in the subsequent litigation in the High Court (KGM & Astaldi SPA v Generali Kent Sigorta & othrs (2002)) and in associated ICC arbitration proceedings in Zurich;
    • an arbitration for a Lloyds syndicate against reinsurers, in respect of claims on its bodily injury carve out aviation cover.
  • Education

    Adam attended St Paul’s School in London. Between 1995 and 1998 he read English Literature at St Catherine’s College, Oxford. He obtained a Diploma in Law at City University in 1999 and was called to the Bar in 2000. He is a member of Middle Temple and an Astbury Scholar.

  • Memberships

    Chancery Bar Association

  • Personal interests

    English literature and theatre, Art, History, Running, Football & Rugby Union

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