Paul Chaisty QC

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Year of Call: 1982
Year of Silk: 2001

 

Practice

• Chancery and commercial litigation
• Insolvency - corporate and individual
• Commercial Property
• Commercial Landlord and Tenant
• Professional Negligence
• Sale of Goods
• Partnership
• Commercial Contracts - including joint venture, share warranty claims, share asset claims, distribution contracts, agency contracts
• Company Law - shareholder disputes/Board Room Director disputes, breach of fiduciary duties
• Commercial Fraud
• Directors Disqualification
• Breach of Director and employee duties
• Sports Law

 

Profile

Paul is a leading specialist in chancery and commercial dispute resolution with an emphasis on commercial litigation, insolvency, commercial fraud, commercial property and sports law. He regularly appears in the Court of Appeal Chancery Division, Mercantile and Commercial Court and commercial arbitrations. He is highly regarded for his experience, expertise and skills as a litigator (with a considerable reputation for cross-examination) his speed of thought, command of detail and overall tactical and strategic awareness and approach. As well as in English Courts he has appeared at first instance and Appellate level in the Caribbean (BVI and Bahamas). His practice is contentious and his clients include banks, multinational companies and major public companies.

He has vast experience of all stages of litigation including interim applications as well as trials and appeals. Admitted to the Bar in the British Virgin Islands and ad hoc basis in the Bahamas.

Paul was made a Recorder in 1999, took Silk in 2001 and was made a Deputy High Court Judge of the Chancery and Queen's Bench Division in 2005.

Paul is also a full member of Serle Court, Lincoln's Inn.

 

Significant Cases

Recent Cases

Intercontinental Bank v Akingbola
Currently acting for Defendant in Commercial Court claim for breaches of fiducary duty and illegal share transactions over claims in excess of £600 million.

Horlgrave v Horlgrave / Birconsfield
Currently acting for Defendant in aspect of multi million pound claim in fraud and breach of fiducary duty relating to share sale pursuant to unfair prejudice petition.

Proactive v. Wayne and Colleen Rooney  2010 EWHC 1807   2011 EWCA Civ 1444
Acting for Wayne and Colleen Rooney at first instance and in Court of Appeal and related companies against former agents in relation to enforceability of agency contracts and claims for breach of contracts held to be unenforceable as being in restraint of trade.

Morley v Reder Engineering gmbh 2011 EWHC 2798
Issues as to jurisdiction between English and German courts in relation to contracts for sale of goods.

DRL v Wincanton 2011 EWCA Civ 839
Acting at first instance and in Court of Appeal case involving dispute between national purchaser of late goods and distribution/haulage company in respect of service agreement and issues of repudiatory breach of contract.

Muntaz Properties Ltd 2011 EWCA Civ 610
Acting in Court of Appeal for directors in case involving issues of personal liability, breach of fiducary duty and de facto directorships.

Tristar v Lim and others Commercial Court in British Virgin Islands [2009] - shareholder dispute relating to oil company operating in Indonesia.

Sino Union v Rich Victory and Government of Dominica Commercial Court in British Virgin Islands - dispute as to ownership of development land in Dominica and trading company share ownership.

Ebbvale Limited   Court of Appeal in Bahamas [2009]
Acting for Company on Appeal against winding up order on grounds of petition based on improper objectives.

Sheffield United v. West Ham United [2008/9]
Acting for West Ham United in an arbitration under FA Rules, Rule K in respect of claims alleging breach of agreements in respect of the "Tevez" affair and appearing before FA arbitration headed by Lord Griffiths and also before the Commercial Court in respect of order restraining application to the Court of Arbitration for Sport in Lausanne - [2008] EWHC 2855.

Alan Curbishley v. West Ham United [2009] Acting for West Ham United in respect of claims brought by its former manager for damages in respect of the termination of a fixed term management contract appearing before FA/PL arbitration panel.

Tiscali v. 186k Ltd [2010]
Acting on behalf of internet service provider in dispute with Tiscali in respect of accompany asset sale agreements and malicious falsehood claims.

Carter v. Nimans [2010]
Acting in respect of claims for alleged breach of warranty/misrepresentation on share sale agreements.

Ebbvale Limited   Court of Appeal in Bahamas [2009]
Acting for Company on Appeal against winding up order on grounds of petition based on improper objectives.

Whittle Movers v. Hollywood Express [2009] EWCA 1189
Acting for cinema group in respect of claims for fixed term distribution agreement and restitution/quantum meruit.

Stoll v. Wacks Caller [2009] EWHC 2299
Acting for Defendant firm and successfully resisting negligence claim alleging breach in respect of acquisition of development land and defeating claim for lack of proof of causation.

Umbro International v. HM Revenue and Customs [2009] EWHC 438
Issues as to importation of sports goods from China and status of buying agent for purposes of calculation of customs duty.

OFT v. Miller [2009] EWCA 34
Acting for Office of Fair Trading in respect of Stop Now Orders Regulations and mis-selling.

Derwent Holdings v. Liverpool City Council [2008] EWHC 3023
Acting on behalf of development/land company against LCC in respect of closure of highway adjacent to retail park.

Lexi Holdings v. Luqman [2008] EWHC 1639
Acting for directors in breach of duty/misfeasance claims for excess of £75million.

Covance v. PETA
Injunction restricting surveillance operations in respect of animal testing laboratories.

El Wiheshi v. Yatoub
Claims in respect of ownership of Libyan domain names.

 

Older Cases

Avis v. Turner [2007] EWCA 748

Stanley Holmes [2006] EWCA 1568

North British Housing Association [2004] EWCA 1736

Customs and Excise v. Anglo Overseas [2004] EWCA 2198

Uno Plc v. World of Leather [2004] EWHC 933

BHT UK Ltd [2004] EWHC 201

Bolton Metropolitan Borough v. Torkington [2003] EWCA 1634

Anglo Eastern v. Kerman Shahchi [2003] EWHC 1939

Arrow Nominees Ltd [2003] EWHC 1516

North East Lincolnshire v. Millennium Park, Times [2002]

Trafford MBC v. Total Fitness UK [2002] 44 EG 169

Gerson v. Wilkinson [2001] QB 514

Centremodel Projects v. RBS CA 4/7/2000

CIS v. Argyll Stores [1998] AC 1

 

Recommendations

Legal 500 2011:

"A leader in the market"

"Pragmatic, knows his judges and has oodles of common sense"

The Times 'Lawyer of the Week' - 22 July 2010

Chambers & Partners:

2012:

Clients "adore" him, while solicitors find him "very user-friendly." In court he is "very tenacious, a real battler" for his cause.

is "outstanding in every respect" with "a quick and incisive style." Solicitors value him as "a real terrier who fights for everything" as well as for bringing an "approachable and calming influence" to proceedings. He cements his position as one of the region's leading lights thanks to sources declaring him "one of the best cross-examiners I have ever seen."

"a scrapper and a street fighter with a razor-sharp intellect."

2010:

"known for his readiness to enter the fray"

"particularly good at adversarial litigation where large sums of money and reputations are at stake"

"imbued with copious amounts of common sense"

"a commercial operator who gets to the point without delay"

"an extremely strident defender of his client's interests"

2009:   

"the judges love him for being succinct and to the point", described as "a fighter and enjoys a good reputation at the Commercial and Chancery Bar" and "a tough fighter whom you certainly want in your corner in a difficult dispute", "forceful and diligent".

2008:

"a real fighter who is quick and commercially astute".

2007:

"tenacious organised and measured hard hitting advocate", "a powerful and punchy advocate with a mind like a stiletto" and "very organised and aggressive".

 

Memberships

Chancery Bar Association

Northern Chancery Bar Association

Northern Circuit Commercial Bar Association

 

Career and Education

University                           University of Nottingham - Degree LLB (First Class)

                                         Exeter College, Oxford - BCL

Year of Call                        Lincoln's 1982, Hardwicke and Cassell Scholar

Call to BVI Bar                   2009

Call to Bahamas Bar          2009

Recorder                           1999

Year of Silk                       2001

Deputy High Court Judge    2005