Clive Freedman QC

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Year of Call: 1978
Year of Silk: 1997

 

Lauded by market commentators as a 'heavyweight courtroom advocate' , Clive Freedman QC is one of the UK's most highly regarded commercial litigators.

Called to the bar in 1978 and made silk in 1997, Clive has a wealth of experience acting for high value individuals in cases of commercial fraud, franchising, insolvency and frequently appears with specialist juniors in different fields.

Highlight examples of work include Clive acting in the guideline case on a worldwide freezing injunction; energydisputes between Russian and Ukranian oligarchs as well as acting for high value individuals on a broad range ofother commercial matters.

Clive is frequently called upon to act in lengthy and complex trials and has acted in disputes over commodities, sharesand joint ventures. 2005 saw Clive act for the claimant in a fraud dispute involving the world's largest private copperdealer. He also is the editor of the leading textbook on franchising law (Mendelsohn on Franchising Law 2nd Ed.(2004).

A vigorous fighter on behalf of the underdog, Clive is a lifelong Manchester City supporter and has represented a premier league club and its manager against a claim by a footballer in an arbitration.

AREAS OF PRACTICE

Commercial law including banking, insurance, sale of goods, partnership/joint venture, agency and employment law.

Insolvency and company law ancillary to advising about commercial law.

Commercial fraud

Franchising.

Trial advocate - A large part of his practice comprises long and complex trials.

Frequently appears with specialist juniors in different fields, applying his skills as a tactician and advocate as well as having a broad range of experience of different areas of commercial law.

INTERESTING/REPRESENTATIVE CASES

COMMERCIAL LAW

Black & Ors v Davies [2005] EWCA Civ 531. (CA) Case of fraud in relation to copper dealing, where Claimant

succeeded on liability, but where Court of Appeal overturned court below on quantum. The case raised an important question of law about the circumstances in which compound interest is available in fraud cases. This was sequel to large arbitration referred to below.

I-Way Limited v World Online Telecom Limited (2004) EWHC 244, (Com. Court) Misrepresentation, implication of contractual terms, estoppel. Also in Court of Appeal on question of impact of anti-oral variation clause [2002] EWCA Civ 413

Union Music v Russell Watson [2002] ECWA Civ (CA)Claim between musician and former manager

Hendry v Chartsearch ( CA ) The Times 16/9/98 Effect of assignment without prior consent contrary to contractual prohibition in commercial case.

Paperlight Ltd v Swinton Insurance Company Ltd ( Clarke J - Comm. Ct.) [1998] CLR 853 Franchise case representing numerous franchisees. Construction of right of renewal in franchise agreement and period of reasonable notice - 5 years.

PARTNERSHIP LAW

Hurst v Bryk [2002] 1 A.C.185 Landmark House of Lords decision on inter-relationship of contractual principles to the provisions of the Partnership Act 1890).

McGowan v Chadwick & anr [2002] ECWA Civ 1758 (CA) Claim against court appointed receiver of partnership.

COMPANY LAW

Arrow & Blackledge v Blackledge (Chancery Division The Times 06.12.99 & Court of Appeal [2000] 2 BCLC 167) (unfair prejudice/passing off/striking out). Series of multi-party claims (passing off and unfair prejudice petitions) relating to a national chain of shops. Effect of forged document on procedural fairness of a trial.

Wrexham Association Football Club v Crucialmove Ltd. [2006] EWCA Civ237 CA case on position of third party said to have benefited with knowledge of breach of fiduciary duties of director

Re: Blenheim Leisure ( Restaurants ) Ltd (CA) The Times 13/08/99 Application to Intervene in Connection with Company's Application to Restore to Register.

Re: Blenheim Leisure ( Restaurants ) Ltd The Times 26/10/99 Jurisdiction of Court to Attach Conditions in Application to Restore to Register

Re: Blenheim Leisure ( Restaurants ) Ltd The Times Jurisdiction of Court to Recall its own Judgments.

EMPLOYMENT LAW

Hayes & Ors v Transco Plc [2003] EWCA Civ 126 (CA) A Court of Appeal case dealing with the interpretation of

collective agreement terms in individual employment contracts. Trial judge decision below reversed on the ground of

procedural unfairness.

PROCEDURE

Dadourian Group International v Simms and others [2006] EWCA CIV. 399; The Times 23rd May 2006 The CA delivered what it said were the Dadourian guidelines, which will be the leading authority on world-wide freezing orders.

Dempsey v Johnstone (2004) PNLR 25 Law in relation to wasted costs orders.

Zakharov & Ors v White & Ors [2003] EWHC 2560 (Ch); [2003] EWHC 2463 (Ch); [2003] All ER 453 (Oct) A case raising important issues concerning freezing orders, in particular: passport orders, jurisdiction to issue bench warrants to enforce freezing orders, contempt of court, scope and operation of legal expenses exemptions to freezing orders

Crown Resources v Vingogradsky [2001] LTL 25/7/2001 Commercial fraud case of employer against employees re secret commissions. Case re alleged non disclosure on freezing injunction application. 5 day hearing before Toulson J.

Dubai Aluminium v Al Alawi [1999] 1 All ER 703 (Rix J - legal professional privilege does not apply to information obtained by illegal or fraudulent means). This case culminated in a trial in two parts in 2001 and 2002 in the Commercial Court before Thomas J.- claim in commercial fraud dismissed.

COMMERCIAL FRAUD TRIALS

A substantial part of Clive's practice comprises commercial fraud trials.

Recent cases include:

Dadourian Group International Inc. v Simms and others [2006] 25 day trial in which judgment reserved. Alleged fraud in relation to a contract for the acquisition of tooling for the manufacture of hospital beds, piercing the corporate veil, Liechtenstein trusts.

Watford Petroleum v Cheklanov [2005] - 8 weeks' trial in case re joint venture/s.459 petition in a case which eventually settled re Ukrainian oil and gas interests.

Parker v Snyder [2005]. Represented two defendants in fraud in connection with acquisition of company. 20 day trial in Chancery Division. At one point, case had been struck out, but restored by CA, but Claimant then lost at trial [2003] EWCA Civ 488.

See also above Black v Davies, Crown Resources v Vinogradsky, Dubai Aluminium v Al Alawi

OTHER NOTEWORTHY CASES

Maccaba v Lichtenstein [2004]: Longest ever slander case between a businessman and a rabbi covered extensively in newspapers around the world. Instructed by Addleshaw Goddard

Sykes & Anor v Taylor-Rose & Anor CA Times, March 2, 2004. Claim in misrepresentation re purchase of house where there had been a shocking murder. Very widely reported in national newspapers.

S v S - worldwide Mareva injunction in the Supreme Court of Gibraltar.

Yona International v LRF - political risk insurance acting for Israeli client - engaged for 4 months - case settled after 30 day trial in the Commercial Court and before judgment.

ARBITRATIONS

Appeared in long arbitration (2002) before LME arbitrators about copper trading where his team of himself and junior and partner in small firm were against a team of two silks, a junior and a very large team of lawyers from Freshfields.

Appeared in football league arbitration (2003) representing premier league club and its manager in claim by agent of footballer.

Extensive experience of arbitrations before the Beth Din and of appeals/applications to the Courts arising out of such arbitrations.

MEDIATIONS

CEDR accredited mediator

Acts as mediator in large mediations re commercial law

Appears in mediations as Counsel.