Practice

Albert has a busy and varied practice spanning commercial litigation, company law, insolvency, banking & financial services (including financial regulatory law), civil fraud and asset recovery.

Albert regularly appears in the High Court and in County Courts as sole counsel. On larger cases, Albert is equally comfortable fitting into a team of solicitors and counsel. His work often has an international or cross-border element, and his experience includes advising in relation to matters in other jurisdictions. Albert has particular experience in relation to matters in the BVI and DIFC.

Albert is a contributing author to the 9th edition of Loose and Griffiths on Liquidators and to Butterworths Financial Regulation Service. Albert regularly speaks at international conferences in areas related to his practice. For example, Albert recently spoke at the Chancery Bar Association’s conferences in Bermuda (shareholder disputes and privilege) and Jersey (companies and attribution).

Practice areas

Commercial dispute resolution

Albert accepts instructions across the full spectrum of commercial disputes, and particularly those arising out of banking and finance, corporate disputes, financial services, and the sale of goods. Albert has experience of large-scale, high-value litigation, in which he works as part of a large team of lawyers. Equally, as a junior barrister, Albert welcomes instructions to act on smaller matters in the High Court and County Courts.

Albert’s recent experience includes:

  • Acting for the claimant in a joint venture dispute relating to the ownership of a high-profile group of restaurants in London (with John Brisby QC and Alastair Tomson).
  • Representing a payment platform provider in a dispute before the High Court relating to the retention of funds by its payment processor (with Hermann Boeddinghaus).
  • Acting in arbitral proceedings in relation to a dispute between a crypto-currency payments service provider in Malta Arbitration Centre proceedings against a Bitcoin trading platform and storage provider (UNCITRAL, Valletta) (with Alastair Tomson).
  • Acting in relation to various shareholder disputes and claims against company directors in relation to the management of corporate affairs.
  • Acting in relation to disputes over financial instruments including CFDs, constant proportion debt obligations (CPDOs) and bank guarantees.
  • Acting in a variety of enforcement disputes including applications for third party debt orders, charging orders and sale orders.
  • Robert Tchenguiz & Ors v Grant Thornton UK LLP & Ors: Assisting in relation to the Commercial Court proceedings in this c. £2 billion dispute arising out of the Claimants’ financing arrangements with the major Icelandic bank, Kaupthing.
Chancery: commercial

Albert’s work spans all business disputes in the Business List and Insolvency & Companies lists of the Business & Property Courts, including company law, insolvency law and trusts as detailed under the specific practice headings below. In particular, Albert’s recent work in these areas has involved:

  • Advising and acting for office-holders in relation to claims on behalf of insolvent companies.
  • Acting for the claimant in a joint venture dispute relating to the ownership of a high-profile group of restaurants in London (with John Brisby QC and Alastair Tomson).
  • Acting in relation to various shareholder disputes, including unfair prejudice petitions (Re a property development company (2019); Re a football club (2019), with Alastair Tomson; Independent Asset Management Company Ltd v Swiss Forfaiting Ltd (2016-ongoing), with Jonathan Crow QC; Re Tradeouts Ltd (2016-2017), assisting John Brisby QC and Alexander Cook).
  • Advising on and acting in relation to claims for breach of directors’ duties, dishonest assistance, knowing receipt and conspiracy.
  • Drafting High Court proceedings in relation to a dividend allegedly made in breach of Part 23 of the Companies Act 2006.
  • Representing the National Crime Agency in a dispute over the existence of a trust over real property (NCA v Dong & Ors [2017] EWHC 3116 (Ch); [2018] B.P.I.R. 477) and related enforcement proceedings.
Company law

Albert has extensive experience of acting in relation to claims involving a wide range of company law issues and frequently acts in relation to director and shareholder disputes. Albert is also a contributing editor to Butterworth’s Financial Regulation Service, in which he edits the division on the FCA’s Prospectus Rules.

Recent experience includes:

  • Advising in relation to claims arising out of the diversion of a company’s business.
  • Acting for the claimant in a joint venture dispute relating to the ownership of a high-profile group of restaurants in London (with John Brisby QC and Alastair Tomson).
  • Acting in relation to a shareholder dispute in relation to the affairs of a property development company.
  • Acting in relation to the contested ownership of an English football club (with Alastair Tomson).
  • Advising in relation to proceedings for specific performance of a share purchase agreement.
  • Drafting High Court proceedings in relation to a dividend allegedly made in breach of Part 23 of the Companies Act 2006.
  • Independent Asset Management Company Ltd v Swiss Forfaiting Ltd: Acting on behalf of the manager of a BVI investment fund on an appeal to the Eastern Caribbean Court of Appeal arising out of its unfair prejudice and breach of directors’ duties claims before the BVI Commercial Court (with Jonathan Crow QC). The case is a leading decision on the duty of company directors to exercise their powers for proper purposes.
  • Media Entertainment & Ors v Pay Corporation Ltd & Ors: Appearing as sole counsel on an application before the High Court for payment out of funds held in a trust account held by a payment processing company specialising in the gambling sector.
  • Eupay Group Ltd v Jackson & Ors: Defending a claim in the High Court (Chancery Division) alleging breaches of directors’ duties and dishonest assistance, and resisting committal proceedings arising out of a related dispute.
  • Re Tradeouts Ltd: Acting (assisting John Brisby QC and Alexander Cook) in connection with an unfair prejudice petition before the Companies Court in relation to a dispute concerning the management of a company operating an online car re-sale platform.

Albert also recently spoke at the Chancery Bar Association’s international conferences in Bermuda (shareholder disputes and privilege) and Jersey (companies and attribution).

Insolvency & restructuring

Corporate and personal insolvency are key elements of Albert’s practice, and he frequently advises and represents companies and individuals (in both the High Court and the County Courts) on insolvency-related matters. Albert is also a contributing author to the well-known commentary, Loose & Griffiths on Liquidators.

Recent examples of Albert’s work include:

  • Acting on behalf of a liquidator in an investigation into the affairs of an insolvent company.
  • Advising an office-holder in relation to claims arising out of the diversion of a company’s business.
  • Advising an office-holder in relation to an intended preference / transaction at an undervalue claim.
  • Acting on behalf of creditors in bankruptcy proceedings, including petitions and applications to annul / set aside bankruptcy orders.
  • RE Cab (No 1) Ltd: Application for a voluntary liquidation to be permanently stayed.
  • Infinity Distribution Ltd (in administration) v The Khan Partnership LLP: Representing the administrators of a company seeking to recover money allegedly misappropriated by its former solicitors, raising issues concerning the administration moratorium, breach of trust and conditional fee agreements.
  • Drafting High Court proceedings on behalf of a company in liquidation in relation to a dividend allegedly made in breach of Part 23 of the Companies Act 2006.
  • Acting in relation to disputes over the jurisdiction of the English bankruptcy court.
Banking & finance

Albert has a particular interest in banking and finance disputes and has experience of disputes concerning a variety of banking matters and financial instruments.

Albert’s recent experience includes:

  • Representing a payment platform provider in a dispute before the High Court relating to the retention of funds by its payment processor (with Hermann Boeddinghaus).
  • Acting in arbitral proceedings in relation to a dispute between a crypto-currency payments service provider in Malta Arbitration Centre proceedings against a Bitcoin trading platform and storage provider (UNCITRAL, Valletta) (with Alastair Tomson).
  • Robert Tchenguiz & Ors v Grant Thornton UK LLP & Ors: Assisting in relation to the Commercial Court proceedings in this c. £2 billion dispute arising out of the Claimants’ financing arrangements with the major Icelandic bank, Kaupthing.
  • Drafting High Court proceedings in a dispute arising out of the close-out of an investment fund’s CFD positions (led by Sharif Shivji).
  • Milos Andric v Credit Suisse (UK) Ltd & Anor: Advising and drafting documents in relation to a multi-million pound Commercial Court claim arising out of the monetisation of a bank guarantee in connection with a purported property development in Canary Wharf (assisting Alexander Cook). Albert assisted in relation to a strike-out/summary judgment application ([2017] EWHC 1724 (Comm)).
  • Drafting a claim against a bank arising out of the financing of a property development project currently before the High Court and appearing on a 2-day strike-out / summary judgment application (led by Yash Kulkarni QC).
  • Assisting in a claim arising out of the purchase of €50 million in constant proportion debt obligation (CPDO) notes (with Sharif Shivji).
Financial services

Albert has a keen interest in financial services litigation and the associated area of financial services regulation. He was previously seconded to the Financial Conduct Authority, where he developed his understanding the financial services industry and the FCA’s regulatory regimes and has since acted on behalf of the FCA in court proceedings. Albert is also a contributing editor to Butterworth’s Financial Regulation Service, in which he edits the division on the FCA’s Prospectus Rules.

Albert’s recent experience includes:

  • Financial Services (Euro) Limited v FCA: Representing the FCA on a firm’s reference to the Upper Tribunal (Tax and Chancery Chamber) in relation to the FCA’s regulatory action.
  • Representing a payment platform provider in a dispute before the High Court relating to the retention of funds by its payment processor (with Hermann Boeddinghaus).
  • Acting in arbitral proceedings in relation to a dispute between a crypto-currency payments service provider in Malta Arbitration Centre proceedings against a Bitcoin trading platform and storage provider (UNCITRAL, Valletta) (with Alastair Tomson).
  • Drafting proceedings in a dispute arising out of the close-out of an investment fund’s CFD positions (led by Sharif Shivji).
  • Assisting in a claim arising out of the purchase of €50 million in constant proportion debt obligation (CPDO) notes (with Sharif Shivji).
Fraud – civil

A number of Albert’s cases have involved claims based on allegations of fraud, including claims for proprietary remedies. As a consultant barrister with the National Crime Agency, Albert has experience of civil asset recovery proceedings and applications for ancillary relief under the Proceeds of Crime Act 2002, such as freezing orders or disclosure orders.

Recent work in these areas includes:

  • Advising an office-holder in relation to claims arising out of the diversion of a company’s business.
  • National Crime Agency v Niche Cars Ltd & Ors (2017-ongoing): Acting, as sole counsel, in relation to the NCA’s claim to recover the proceeds of an alleged payroll fraud that were allegedly being laundered. Albert obtained a statutory freezing order (under the Proceeds of Crime Act 2002) from the High Court over c. £500,000 held in a bank account; and subsequently successfully resisting an application for exclusions to pay legal expenses ([2017] EWHC 3475 (Admin)); and recently represented the NCA in a remote trial in the High Court.
  • National Crime Agency v Dong & Ors [2017] EWHC 3116 (Ch) ); [2018] B.P.I.R. 477: Conducting a 2-day trial in the High Court of a claim for a charging order over a property said to have been concealed using a resulting trust, and related enforcement proceedings.
  • Eupay Group Ltd v Jackson & Ors: Defending a claim alleging breaches of directors’ duties and dishonest assistance, and resisting committal proceedings arising out of a related dispute.
Trusts

Albert is familiar with trust matters, particularly as they arise in a business context. Recent examples of his experience include:

  • National Crime Agency v Dong & Ors: Conducting a 2-day trial in the High Court in relation to the existence of a resulting trust alleged to have been used to conceal the ownership of a property in Surrey.
  • Media Entertainment & Ors v Pay Corporation Ltd & Ors: Appearing as sole counsel on an application before the High Court for payment out of funds held in a trust account held by a payment processing company specialising in the gambling sector.
Offshore litigation

Albert’s work increasingly involves work in international jurisdictions. Recent experience includes:

  • Acting in relation to a liquidation in the Dubai International Financial Centre.
  • Independent Asset Management Company Ltd v Swiss Forfaiting Ltd: Acting on behalf of the manager of a BVI investment fund on an appeal to the Eastern Caribbean Court of Appeal arising out of its unfair prejudice and breach of directors’ duties claims before the BVI Commercial Court (with Jonathan Crow QC). The case is a leading decision on the duty of company directors to exercise their powers for proper purposes.

Albert also recently spoke at the Chancery Bar Association’s international conferences in Bermuda (shareholder disputes and privilege) and Jersey (companies and attribution).

International arbitration

Albert is developing his international arbitration practice, in which he has a keen interest. The nature of the arbitration work Albert has undertaken is confidential but reflects Albert’s expertise in the areas listed above. In particular, Albert has experience of applications for interim relief and disputes over documentary disclosure in civil-law jurisdictions.

Albert recently acted in arbitral proceedings in relation to a dispute between a crypto-currency payments service provider in Malta Arbitration Centre proceedings against a Bitcoin trading platform and storage provider (UNCITRAL, Valletta) (with Alastair Tomson).

Additional info

Education & awards

2014: BPTC (Outstanding), City University London
2013: GDL, University of Law, London
2012: M.St. Modern Languages, Merton College, University of Oxford
2011: B.A. (Hons) History and Modern Languages, Merton College, University of Oxford

Lincoln’s Inn: Wolfson Scholarship, Buchanan Prize, Lord Denning Scholarship, Hardwicke Award
Merton College: Exhibitioner

Career & appointments

Member of the Chancery Bar Association (elected as a member of the Main Committee and Chairman of the Junior Chancery Bar)
Member of COMBAR (the Commercial Bar Association)
Member of the Commercial Fraud Lawyers Association
Member of the LCIA Young International Arbitration Group (LCIA-YIAG)

Publications

Butterworth’s Financial Regulation Service: Editor of the chapter on the Prospectus Rules.

Loose & Griffiths on Liquidators: Contributing author to the 9th edition.

Albert has also written a number of LexisPSL Q&A articles:

  • Are Loans Normally Assigned Or Novated? Does It Matter?
  • There was a mistake in a debenture that was filed at Companies House – do I need to register the amendment and send another copy to Companies House?
  • Can you change the terms of a facility agreement over the phone or by email, or do you need an amendment agreement?
  • Is a guarantee given over email valid?
Languages

Polish (fluent)
French (fluent)
German (advanced)
Russian (basic)