Adam Holliman

Adam has advised and acted with leaders and as sole counsel in a range of commercial and contractual disputes. Work in this field includes:

• Instructed as part of the team defending major commercial court litigation alleging fraud, bribery and conspiracy in events surrounding substantial lending by an investment bank for infrastructure projects.
• A long running instruction as part of the appellate stage of a bank remediation process which was overseen by a retired High Court judge. As part of this process Adam analysed and presented appeals (liability and quantum) related to the alleged unfair treatment of customers to retired judges and magic circle firm partners.
• Advising (with George Bompas KC) in relation to the declaration of an event of default under a credit agreement and related security instruments with total facilities of c.$3 billion.
• Advising (with Jonathan Crow KC) in connection with the grant of litigation funding on the prospects of a potential claim in conspiracy by existing market participants in respect of a market-disrupting app
• Advising (with Alastair Tomson) on steps in this jurisdiction in support of an international dispute arising out of a family-owned online gaming and trading platform.
• Acting (with George Bompas KC) in a 3-week Commercial Court trial of a dispute between joint venture parties concerning a major real estate development in Berlin.
• Acting (with Jonathan Crow KC) as Advocates to the Court in a Supreme Court appeal within the Ablyazov litigation concerning whether the standard Commercial Court freezing order extended to rights to borrow and choses in action in general.
• Advising (with George Bompas KC) on aspects of an arbitration in Hong Kong under the ICC rules in a case concerning a publicly traded European company and a dispute under a sales agency agreement entered by Chinese subsidiaries.
• Acting (with Richard Hill KC and Alastair Tomson) in a dispute between a Middle East cigarette distributor and a major tobacco manufacturer, culminating in a 55 day Commercial Court trial.
• Acting (with John Brisby KC) in a dispute concerning jurisdiction and service of a claim in respect of the ownership of shares in a major Russian aluminium company.
• Adam has been instructed on a number of occasions in connection with the preparation of expert evidence in foreign proceedings on English law by leading counsel.
• Advising on a dispute between a commercial tourist coach provider and a tour operator.
• Advising on the effect of a business sale agreement on the payment of profits under an earnout provision in the context of the transfer of a recruitment business.
• Advising (with Hermann Boeddinghaus KC) on defending multiple claims for breach of duty against companies and individuals offering business services to consultants.
• Advising a commercial agent selling goods on behalf of its principal to the garment industry.
• Advising (with Richard Hill KC and Gregory Denton-Cox) on documentary disclosure in a case concerning a takeover of a European telecommunications company.
• Advising (with Sir Robert Miles, before his appointment to the High Court bench) a bank concerning the appointment of receivers under security documentation.
• Advising (with Sir Robert Miles) on the interpretation of a contract for commercial satellite launch services in relation to termination charges.

Adam has acted and advised on a variety of commercial chancery matters with leaders and as sole counsel, with particular emphasis on shareholder disputes and cases concerning allegations of breach of fiduciary duty and unfair prejudice. Examples include:

• Instructed as part of the team defending a liquidator’s claim alleging breaches of duty by a director in connection with funding arrangements for a medical technology company drawing on venture capital.
• Advising (with Jonathan Crow KC) on the defence of foreign proceedings alleging the deliberate and dishonest misappropriation of assets at an undervalue. The proceedings raised wide ranging legal issues including conspiracy, breach of fiduciary duty, fraudulent misrepresentation, improper preference and fraudulent trading.
• Advising (with Jonathan Crow KC) on a dispute concerning an issue and allotment of shares in a Cayman Islands company for the alleged improper purposes of seizing voting control and preserving the position of directors.
• Instructed as part of the team which successfully defended a $1 billion Guernsey court claim arising out of the liquidation of a Carlyle investment vehicle concerning allegations which included breach of fiduciary duty, negligence and wrongful trading.
• Acting (with George Bompas KC) in Dubai International Financial Centre (DIFC) litigation defending allegations of breach of fiduciary duty by directors and unfair prejudice.
• Advising (with George Bompas KC) in British Virgin Island litigation concerning a shareholder dispute over a major hotel operation in China.
• From 2010-2015 Adam advised and acted with George Bompas KC in Chemtrade Limited v Fuchs Oil Middle East Limited, Fuchs Petrolub SE: heavy British Virgin Island litigation of a shareholder dispute, alleged unfair prejudice and breach of directors’ duties arising out of a joint venture in the automotive and industrial oil-based lubricants market.
• Advising and acting (with John Brisby KC) in a family shareholder dispute concerning alleged unfair prejudice in the conduct of a property-investment business.
• Advising (with Sir Robert Miles, before his appointment to the High Court bench) and acting in a shareholder dispute between international parties concerning an issue of shares alleged to have been made improperly, being one element of a multi-national dispute between Indian shareholder factions interested in numerous companies involved in the manufacture and sale of iron, steel and plastic castings.

Adam accepts instructions in matters related to banking and finance.

• He has recently completed a long period where he was instructed as part of the appellate stage of a bank remediation process. The process was overseen by a retired High Court judge and Adam analysed and presented appeals (liability and quantum) raising allegations of unfair treatment by business customers to retired judges and magic circle firm partners.
• Adam was instructed as part of a team defending commercial litigation which alleged that bribery and corruption had tainted substantial bank financing transactions. The case required detailed understanding and analysis of the progress of these transactions within various arms of an investment bank including the deal team and multiple compliance departments, as well as externally amongst borrowers, contractors and syndicated lenders.
• Adam has also advised with leading counsel in the relation to the appointment of receivers under security documentation.

Adam’s ‘chancery: commercial’ experience, (as detailed in that section above), often arises in connection with companies. Adam has particular experience of domestic and international shareholder disputes and actions dealing with allegations of various breaches of duty (including those arising under shareholder and joint venture agreements) and unfair prejudice (s994 and its equivalents in other jurisdictions).

Adam also advises on discrete company law issues.

Particular highlights include:

• Acting (with George Bompas KC) at first instance and appeal in unfair prejudice proceedings (s994 equivalent) in the BVI, arising out of a joint venture concerning commercial, industrial and automotive chemicals between a global company and a Saudi conglomerate.
• Advising (with Jonathan Crow KC) about the defence of foreign proceedings which alleged a fraudulent misappropriation of corporate assets at an undervalue, conspiracy, breach of fiduciary duty, fraudulent misrepresentation, improper preference and fraudulent trading.
• Advising (with Jonathan Crow KC) on a dispute concerning an issue and allotment of shares in a Cayman Islands company for the alleged improper purposes of seizing voting control and preserving the position of directors.

Whilst Adam’s cases often include international elements, he also has substantial experience as junior counsel in offshore litigation.

• Adam has particular experience of British Virgin Islands litigation both in the Commercial Court and Eastern Caribbean Court of Appeal and is called to the bar in the BVI. Adam acted (with George Bompas KC) in Chemtrade Ltd v Fuchs Oil Middle East Ltd; Fuchs Petrolub AG [BVIHC(COM) 158 of 2010] which was then the longest trial heard in the BVI Commercial Division. As well as the trial, the litigation included a number of other hearings at first instance and before the Court of Appeal including in connection with an application to stay the decision on appeal pending hearing by the Privy Council.
• Adam also has experience of disputes related to Guernsey, the Dubai International Financial Centre (DIFC), and the Cayman Islands

Adam has advised with leading counsel on a number of arbitrations including an arbitration in Hong Kong under ICC rules concerning a sales agency agreement for commercial activity in Mongolia on behalf of Chinese entities, and on English law issues arising in an ICC arbitration involving international parties.

Adam has experience, often in the context of shareholder disputes and actions against directors, in matters concerning allegations of fraud, secret profits of fiduciaries and knowing receipt.

Experience includes:

• Adam was instructed as part of a team defending commercial litigation which alleged fraudulent conduct in events surrounding major banking transactions, including bribery and corruption of employees and officials.
• Advising (with Jonathan Crow KC) on the defence of foreign proceedings alleging the deliberate and dishonest misappropriation of assets at an undervalue. The proceedings raised wide ranging legal issues including conspiracy, breach of fiduciary duty, fraudulent misrepresentation, improper preference and fraudulent trading.
• Advising (with George Bompas KC) on a shareholder dispute which alleged that fraudulent misrepresentations had been made to obtain the approval of a shareholder of a transaction which resulted in the dilution of an equity holding and the dissipation of joint venture assets.

Adam has appeared and advised on a variety of corporate and personal insolvency matters. These include: winding-up petitions and connected issues such as restraining the presentation of petitions and supervening applications for administration orders; representing trustee, creditor and debtor clients in bankruptcy proceedings including on applications for annulment and for the possession and sale of homes; advice to liquidators in relation to misfeasance claims and transfers of assets at an undervalue; and acting for administrators seeking to make distributions to creditors prior to the commencement of liquidation.

Adam has also worked as a junior in more substantial insolvency-related matters including:

• Instructed as part of the team defending a liquidator claim against a former director in connection with an alleged improper investment scheme under which venture capital finance was raised by the sale of beneficial interests in shares.
• Instruction as part of the counsel team which successfully defended a $1 billion Guernsey court claim arising out of the liquidation of a Carlyle investment vehicle. Adam’s focus was the legal submissions in answer to wide ranging allegations including breach of fiduciary duty, negligence and wrongful trading.
• Advising (with Jonathan Crow KC) about the defence of foreign proceedings which alleged a fraudulent misappropriation of corporate assets at an undervalue, conspiracy, breach of fiduciary duty, fraudulent misrepresentation, improper preference and fraudulent trading.

Adam has been instructed by the Government in matters concerning allegations of torture, extraordinary rendition and detainee mistreatment:

• In relation to the provision of material to the ‘Detainee Inquiry’, chaired by Sir Peter Gibson which examined whether Britain was implicated in the improper treatment or rendition of detainees held by other countries in the aftermath of 9/11. The report of the inquiry was published on 19 December 2013: http://www.detaineeinquiry.org.uk/2013/12/report-of-thedetainee-inquiry/.
• As part of the defence team in an action claiming damages for alleged complicity in the rendition to and detention in Guantanamo Bay of terrorism suspects.

Notable cases include:

• Acting with Jonathan Crow KC as advocates to the court in an appeal to the Supreme Court within the Ablyazov litigation (following judgments against the defendant of c.$4.4 billion), about the meaning of assets within the standard Commercial Court freezing order.
• Acting with George Bompas KC in a 3-week Commercial Court trial in London, concerning a shareholder dispute arising out of a joint venture agreement between international parties about a major Berlin property development.
• Acting with George Bompas KC in long running BVI litigation of a shareholder dispute raising allegations of unfair prejudice (s994 equivalent) and breach of directors’ duties. The substantial litigation concerned a joint venture between an international commercial and automotive chemical company and a Saudi oil conglomerate. The matter was fought over numerous first instance and appellate hearings, with the trial at the time being the longest heard by the BVI Commercial Court.
• Being instructed as part of the legal team which successfully defended a $1 billion Guernsey court claim arising out of the liquidation of a Carlyle investment vehicle. Adam’s focus was the legal submissions in answer to wide ranging allegations including breach of fiduciary duty, negligence and wrongful trading.
• Acting with Richard Hill KC and Alastair Tomson in a dispute between a Middle East distributor of cigarettes and a major tobacco manufacturer, culminating in a 55-day Commercial Court trial in London

Advising on a range of business disputes and discrete points continues to be a major focus of Adam’s practice, including with leading counsel.

Examples include:

• Advising with George Bompas KC, in relation to the declaration of an event of default under a credit agreement and related securities (total facilities c.$3 billion).
• Advising with Jonathan Crow KC, in connection with the grant of litigation funding for a conspiracy claim by existing market participants against a market-disruptor technology company
• Advising with Jonathan Crow KC, as to the defence of foreign proceedings which alleged a fraudulent misappropriation of assets at an undervalue, conspiracy, breach of fiduciary duty, fraudulent misrepresentation, improper preference and fraudulent trading.

Other cases include:

• Carlyle Capital Corporation Ltd (in Liquidation) v Conway [2017] Civil Action No.1510 (Royal Court of Guernsey, 4 September 2017).
• JSC BTA Bank Ablyazov [2015] 1 WLR 4754 (Supreme Court)
• Chemtrade Ltd v Fuchs Oil Middle East Ltd; Fuchs Petrolub AG [BVIHC(COM) 158 of 2010] and on appeal [BVIHCVAP2013/0004] – Eastern Caribbean Supreme Court: High Court (Commercial Division) and Court of Appeal.
• Gallaher International Ltd v Tlais Enterprises Ltd [2008] EWHC 804 (Comm) – Commercial Court.
• Cherney v Deripaska [2007] EWHC 965 (Comm) – Commercial Court.
• Re Transocean Equipment Manufacturing and Trading Ltd, Carman v The Cronos Group SA and Others [2006] EWHC 1324 (Ch) – Chancery Division.

• Called to the Bar of the British Virgin Islands.
• Member of the Legal Services Panel to the Government of the British Virgin Islands.

• LLB, King’s College, London.
• BCL, St John’s College, Oxford.
• Lincoln’s Inn: Buchanan Prize, Shelford Scholarship, Lord Denning Scholarship and Hardwicke Scholarship.
• King’s College London: Strand Trust Prize, Prize in Jurisprudence, and Helen Gibbons prize in Commercial Law.

• Contributor to Chambers’ work ‘Litigation in the Time of Covid-19’ (Civil Procedure and ADR)
• Contributor to ‘Annotated Companies Legislation’ (published by OUP and edited by Birds, Boardman, Hildyard & Miles).