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 for interim applications and trials. 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 offshore matters.

Albert frequently writes and gives talks on areas related to his practice.

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:

  • Drafting High Court proceedings in relation to a dispute arising out of payment processing services.
  • 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).
  • Independent Asset Management Company Ltd v Swiss Forfaiting Ltd (24 November 2017): Acting for the manger of a BVI fund in relation to its unfair prejudice and breach of duty claims against the directors of the fund (Eastern Caribbean Court of Appeal, assisting Jonathan Crow QC). The case is a leading decision on the duty of company directors to exercise their powers for proper purposes.
  • 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 recently assisted in relation to a strike-out/summary judgment application ([2017] EWHC 1724 (Comm)).
  • Advising and representing property developers in relation to their claims for fraudulent misrepresentation, breach of contract, negligence, intimidation and unlawful means conspiracy in the High Court. Albert recently appeared (led by Yash Kulkarni QC) on a 2-day strike-out/summary judgment application in the Queen’s Bench Division of the High Court.
  • Re Oilsearch plc: Representing a company in a dispute over the proper construction of loan documentation in relation to oil exploration.
Chancery: commercial

Albert’s work spans specialist Chancery areas, often with a business flavour, 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:

  • Acting in relation to unfair prejudice petitions (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 drafting in relation to High Court claims for breach of directors’ duties, dishonest assistance, and a related claim for committal for contempt of court (Eupay Group Ltd v Jackson & Ors (2017)).
  • 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)).
  • Contesting an application in the High Court (Chancery Division) for payment out of an alleged trust account held by a gambling services company (Media Entertainment & Ors v Pay Corporation Ltd & Ors (2017)).
  • Advising on share purchase agreements.
Company law

Albert is familiar with a ride 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:

  • 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 (24 November 2017): 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.
  • Advising on company law matters arising out of share purchase agreements.
  • Making applications under the Companies Act 2006, such as applications to extend time to register charges.
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 part of a team currently working on updating the well-known commentary, Loose & Griffiths on Liquidators.

Recent examples of Albert’s work include:

  • 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.
  • Making an application to the High Court to set aside a statutory demand on behalf of an alleged guarantor on the basis of undue influence.
  • Representing an alleged debtor in his application to set aside a statutory demand, on the basis of disputed jurisdiction.
  • Drafting a creditor’s application to annul a bankruptcy order, and obtaining permission to serve the application out of the jurisdiction, on the basis that there was no jurisdiction to make the order (involving issues under the EU Insolvency Regulation).
  • Making and resisting applications for possession and sale orders in various County Courts.
Banking & finance

Albert frequently acts in banking and finance disputes. Albert has also completed a secondment to the Financial Conduct Authority, and is therefore familiar with the regulation of the banking and financial services industry.

Albert’s recent experience includes:

  • Drafting High Court proceedings in relation to a dispute arising out of payment processing services.
  • 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 recently 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).
  • Assisting (as a pupil) in a number of cases raising issues including: breaches of a forex trading mandate; LIBOR manipulation; interest rate hedging product mis-selling; and the interpretation of various asset backed debt securities.
Financial services

Albert has a keen interest in financial services litigation and the associated area of financial services regulation. He was recently seconded to the Financial Conduct Authority, where he developed his understanding the financial services industry and the FCA’s regulatory regimes. Albert was particularly involved in advising on the areas of retail lending, consumer credit and crowdfunding (including peer-to-peer lending). 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:

  • Drafting High Court proceedings in relation to a dispute arising out of payment processing services.
  • 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:

  • National Crime Agency v Dong & Ors [2017] EWHC 3116 (Ch): 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, which involved cross-examination of witnesses through video-link and an interpreter.
  • National Crime Agency v Niche Cars Ltd & Ors (2017-ongoing): Obtaining, as sole counsel, 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.
  • 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.
  • Drafting Particulars of Claim for claims involving misrepresentation and unlawful means conspiracy arising out of a property development in proceedings currently before the High Court and appearing on a 2-day strike-out / summary judgment application (led by Yash Kulkarni QC).
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. The trial involved lengthy cross-examination of witnesses through video-link and an interpreter.
  • 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 an offshore element. Recent experience includes:

  • Independent Asset Management Company Ltd v Swiss Forfaiting Ltd (24 November 2017): 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.
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.

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: Albert is currently working on an updated edition of this leading commentary on corporate insolvency.

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)