Guy Olliff-Cooper - 4 Stone Buildings

Practice

“Guy is an undoubted star of the future. He is exceptionally bright and very thorough, and his arguments are clear and highly persuasive.” Legal 500 (2023)

Ranked as a ‘Rising Star’ by Legal 500, Guy has a broad commercial Chancery practice, with a particular emphasis on civil fraud. He appears regularly as both sole and junior counsel in the High Court and Court of Appeal. He enjoys a busy offshore practice and is called to the Bar of both the BVI and DIFC. His recent instructions include:

Unitel S.A. v (1) Unitel International Holdings B.V. (2) Dos Santos – a c. £580 million claim against Isabel Dos Santos, daughter of the former President of Angola and first African female billionaire, and an associated company, in relation to sums allegedly due under various loan agreements. Guy acts for the Defendants alongside Richard Hill KC.

Oscar Trustee Limited v MBS Software Solutions Limited BVIHCMAP 2021/0024 – a US$5 million claim for sums allegedly due under an investment agreement in respect of a mining venture in Turkey. Guy is instructed by Harney Westwood & Riegels LP alongside Sharif Shivji KC for the Defendant. In August 2022, Sharif and Guy successfully resisted the Claimant’s appeal against the Commercial Court’s decision to stay proceedings on grounds of forum non conveniens. In February 2023, they obtained a further order from the Eastern Caribbean Court of Appeal staying the Claimant’s application for permission to appeal to the Privy Council until all outstanding cost orders are paid.

Von Der Heydt Invest S.A. v MultiBank FX International Corporation BVIHCMAP2022/0008 – a claim to set aside a consent order designed to legitimise the misappropriation of US$36 million of investor funds. Guy is instructed by Carey Olsen (BVI) LP for the Claimant alongside Alexander Cook KC. This case has given rise to eight published judgments in the Eastern Caribbean Court of Appeal, including what is now the leading decision on fortification of cross-undertakings in damages.

Sawhney v Credit Suisse AG [2023] CFI 06/22021 – a US$5 million claim in the DIFC by customers of a global investment bank for alleged mis-selling of investment products. Guy is instructed by Al Tamimi & Company for the Defendant alongside Sharif Shivji KC. In February 2023, Sharif and Guy succeeded in striking out large parts of the Claimants’ statement of case.

Peregrine Aviation Bravo v Laudamotion GmbH [2023] EWHC 48 (Comm) – a US$40 million claim by the world’s largest aircraft leasing company against Ryanair and Laudamotion for sums due under an indemnity clause following Laudamotion’s failure to accept various aircraft tendered for lease during the COVID-19 pandemic. Guy was instructed by Allen & Overy LLP as junior counsel to Bankim Thanki KC and William Edwards.

Les Ambassadeurs Club Ltd v Yu – an application for a post-judgment freezing injunction against a defaulting gambler; now the leading authority on the meaning of the phrase “real risk of dissipation”. Guy appeared as sole counsel for the Claimant in both the High Court [2021] EWHC 1443 (QB) and the Court of Appeal [2021] EWCA Civ 1310.

Puharić v Silverbond Enterprises Ltd – a claim for an alleged ‘bonus’ supposedly due from a high-profile Mayfair casino. Guy appeared as sole counsel for the casino during the 4 day trial and succeeded in having the claim dismissed [2021] EWHC 351 (QB) with costs [2021] EWHC 389 (QB).

Al Jaber v Bosheh – a complex fraud claim. Guy acted for the Defendant in his successful applications to discharge a freezing injunction obtained against him ex parte without full and frank disclosure [2018] EWHC 3038 (Ch) and to continue his own injunction in support of a counterclaim valued at £3 million [2019] EWHC 2142 (Ch).

Kea Investments Ltd v Ivory Castle Ltd – a claim for the appointment of a receiver by way of equitable execution. Guy acted for the Defendants. In January 2019, Guy appeared alongside Charles Béar KC during the Claimant’s application for notification relief which gave rise to complicated questions of joinder and service out in a post-judgment context [2019] EWHC 309 (Ch). Subsequent hearings in which Guy was instructed focused on the nature of so-called ‘quasi-proprietary’ claims, issue estoppel, and abuse of process [2020] EWHC 472 (Ch)

Guy is a contributor to Transaction Avoidance in Insolvencies 3^rd Ed. (2018) and Loose and Griffiths on Liquidators 9^th Ed. (2019).

Practice areas

Banking & finance

Guy has experience in litigation both for and against banks and other financial institutions. His recent instructions include:

Sawhney v Credit Suisse AG [2023] CFI 06/22021 – a US$5 million claim in the DIFC by customers of a global investment bank for alleged mis-selling of investment products. Guy is instructed by Al Tamimi & Company for the Defendant alongside Sharif Shivji KC. In February 2023, Sharif and Guy succeeded in striking out large parts of the Claimants’ statement of case.

Ahmed v Emirates NBD Bank (P.J.S.C.). An urgent application for an injunction to remove receivers appointed by a bank over a portfolio of investment properties.

Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2017] EWHC 257 (Ch). A negligence claim brought by the liquidator of an insolvent company against its brokers for failing to prevent the fraud of its former director. As a pupil, Guy assisted Robert Miles KC and Andrew de Mestre KC on the law of attribution and illegality following the Supreme Court’s decisions in Bilta v Nazir and Patel v Mirza.

Chancery: commercial

Guy regularly appears in the Chancery Division as sole or junior counsel. His recent cases include:

Al Jaber v Bosheh – a complex fraud claim. Guy acted for the Defendant in his successful applications to discharge a freezing injunction obtained against him ex parte without full and frank disclosure [2018] EWHC 3038 (Ch) and to continue his own injunction in support of a counterclaim valued at £3 million [2019] EWHC 2142 (Ch).

Kea Investments Ltd v Ivory Castle Ltd – a claim for the appointment of a receiver by way of equitable execution. Guy acted for the Defendants. In January 2019, Guy appeared alongside Charles Béar KC during the Claimant’s application for notification relief which gave rise to complicated questions of joinder and service out in a post-judgment context [2019] EWHC 309 (Ch). Subsequent hearings in which Guy was instructed focused on the nature of so-called ‘quasi-proprietary’ claims, issue estoppel, and abuse of process [2020] EWHC 472 (Ch).

Coral Reef Ltd v Silverbond Enterprises Ltd & Anor – a dispute over the ownership of a Mayfair casino. Guy acted for the Defendants alongside Stephen Auld KC. In February 2019, Guy succeeded in obtaining a rare punitive security for costs order under CPR 3.1(5) following the Claimant’s repeated failure to comply with Court rules and directions [2019] EWHC 887 (Ch).

Commercial dispute resolution

Guy is regularly instructed on behalf of businesses and high net worth individuals in large commercial disputes. His recent cases include:

Unitel S.A. v (1) Unitel International Holdings B.V. (2) Dos Santos – a c. £580 million claim against Isabel Dos Santos, daughter of the former President of Angola and first African female billionaire, and an associated company, in relation to sums allegedly due under various loan agreements. Guy acts for the Defendants alongside Richard Hill KC.

Peregrine Aviation Bravo v Laudamotion GmbH [2023] EWHC 48 (Comm) – a US$40 million claim by the world’s largest aircraft leasing company against Ryanair and Laudamotion for sums due under an indemnity clause following Laudamotion’s failure to accept various aircraft tendered for lease during the COVID-19 pandemic. Guy was instructed by Allen & Overy LLP as junior counsel to Bankim Thanki KC and William Edwards.

Oscar Trustee Limited v MBS Software Solutions Limited BVIHCMAP 2021/0024 – a US$5 million claim for sums allegedly due under an investment agreement in respect of a mining venture in Turkey. Guy is instructed by Harney Westwood & Riegels LP alongside Sharif Shivji KC for the Defendant. In August 2022, Sharif and Guy successfully resisted the Claimant’s appeal against the Commercial Court’s decision to stay proceedings on grounds of forum non conveniens. In February 2023, they obtained a further order from the Eastern Caribbean Court of Appeal staying the Claimant’s application for permission to appeal to the Privy Council until all outstanding cost orders are paid.

TV Global Enterprises Limited v Project 11 Limited – a US$700,000 claim for the return of sums paid under a contract for the provision of advertising at Copa America. Guy acted for the Defendant alongside Richard Power.

AWAS 6696 Ireland Limited & Ors v VietJet Aviation Joint Stock Company – a US$9 million claim by one of the world’s largest commercial jet aircraft leasing companies for sums due under various aircraft leasing agreements. As a secondee at Allen & Overy LLP, Guy was responsible for drafting the Particulars of Claim.

GKL Aircraft Ireland One Limited v TransAsia Airways Corporation – a US$55 million claim by an aircraft leasing company against a Taiwanese airline for sums due under an aircraft lease agreement. Guy was instructed by Holman Fenwick Willian to prepare an application for permission to serve out of the jurisdiction.

Mathé v CBE Capital Ltd – a claim for sums due under a commission agreement in the context of a commercial property purchase. Guy is instructed by Fladgate LLP for the Claimant.

Puharić v Silverbond Enterprises Ltd – a claim for an alleged ‘bonus’ supposedly due from a high-profile Mayfair casino. Guy appeared as sole counsel for the casino during the 4 day trial and succeeded in having the claim dismissed [2021] EWHC 351 (QB) with costs [2021] EWHC 389 (QB).

Company law

Guy accepts instructions in all manner of company disputes, in particular: claims for breach of directors’ duties, derivative claims, unfair prejudice petitions, and just and equitable winding-ups. His recent instructions include:

Unitel S.A. v (1) Unitel International Holdings B.V. (2) Dos Santos – a c. £580 million claim against Isabel Dos Santos, daughter of the former President of Angola and first African female billionaire, and an associated company, in relation to sums allegedly due under various loan agreements. Unitel alleges that Ms dos Santos breached her duties as director of Unitel by causing it to enter into the loans in question. Guy acts for the Defendants alongside Richard Hill KC.

Re a Company – an application by a shareholder of a substantial Hong Kong financial services company to challenge the removal of his right to vote at a general meeting. Guy was instructed alongside Jonathan Crow KC to advise in the context of the shareholder’s appeal to The Hong Kong Court of Final Appeal.

Airways Aviation Academy Limited v Atalla – a £8.5 million claim by a pilot training provider against its former director for alleged breaches of duty.

Michel v Michel [2019] EWHC 1378 (Ch) – an unfair prejudice petition on grounds of exclusion from management and breach of fiduciary duty. Guy assisted Alastair Tomson on the law of quasi-partnerships and the applicability of s. 122(1)(g) of the Insolvency Act 1986.

Cryptocurrency and FinTech

Guy is developing particular expertise in disputes relating to cryptoassets and distributed ledger technologies. His recent instructions include:

Constandinos v eToro (Europe) Limited – a claim by a customer of a well-known cryptocurrency trading platform for failing to pass on ‘airdrops’ that the Defendant received on the customer’s behalf, raising issues of when cryptoasset platforms hold customer assets on trust.

Digital Asset Exchange Limited v Oyekenov – a claim by a blockchain technology company for the alleged misappropriation of large quantities of Bitcoin and Ethereum. Guy assisted Mo Haque KC during the Defendant’s successful application to dispute the jurisdiction of the Gibraltar Courts.

Re an Exchange – an arbitration arising out of the hack of a well-known cryptocurrency exchange. Guy acted for the claimant who sought a negative declaration of liability in respect of sums lost as a result of the hack.

Fraud – civil

Ranked as a ‘Rising Star’ in the field of Civil Fraud by Legal 500, Guy has extensive experience of claims involving allegations of deceit, conspiracy, and breach of trust. He is familiar with the particular challenges these claims present in terms of asset protection and enforcement and is regularly instructed to both obtain and discharge freezing injunctions and other forms of interim relief. His recent cases include:

Von Der Heydt Invest S.A. v MultiBank FX International Corporation BVIHCMAP2022/0008 – a claim to set aside a consent order designed to legitimise the misappropriation of US$36 million of investor funds. Guy is instructed by Carey Olsen (BVI) LP for the Claimant alongside Alexander Cook KC. This case has given rise to eight published judgments in the Eastern Caribbean Court of Appeal, including what is now the leading decision on fortification of cross-undertakings in damages.

Les Ambassadeurs Club Ltd v Yu – an application for a post-judgment freezing injunction against a defaulting gambler; now the leading authority on the meaning of the phrase “real risk of dissipation”. Guy appeared as sole counsel for the Claimant in both the High Court [2021] EWHC 1443 (QB) and the Court of Appeal [2021] EWCA Civ 1310.

Al Jaber v Bosheh – a complex fraud claim. Guy acted for the Defendant in his successful applications to discharge a freezing injunction obtained against him ex parte without full and frank disclosure [2018] EWHC 3038 (Ch) and to continue his own injunction in support of a counterclaim valued at £3 million [2019] EWHC 2142 (Ch).

Kea Investments Ltd v Ivory Castle Ltd – a claim for the appointment of a receiver by way of equitable execution. Guy acted for the Defendants. In January 2019, Guy appeared alongside Charles Béar KC during the Claimant’s application for notification relief which gave rise to complicated questions of joinder and service out in a post-judgment context [2019] EWHC 309 (Ch). Subsequent hearings in which Guy was instructed focused on the nature of so-called ‘quasi-proprietary’ claims, issue estoppel, and abuse of process [2020] EWHC 472 (Ch).

Insolvency & restructuring

Guy has experience in the full range of bankruptcy & insolvency disputes, including: preferences, transactions at an undervalue, transactions defrauding creditors, misfeasance, wrongful & fraudulent trading, statutory demands, bankruptcy & winding-up petitions, validation orders, examinations, and director’s disqualification. His recent cases include:

Candey Limited v Crumpler BVIHCMAP 2020/0021 – an application by a law firm for an order under s. 273 of the BVI Insolvency Act 2003 that sums due to them from an insolvent company be paid as an expense in the liquidation under the Lundy Granite principle. Guy acted for the Applicant in the Eastern Caribbean High Court and Court of Appeal.

Neill v Needham & Anor – an application under s. 108(2) of the Insolvency Act 1986 for removal of liquidators on grounds of conflict of interest.

Re a Bankrupt – a private examination under s. 366 of the Insolvency Act 1986 of a bankrupt believed to be hiding assets that properly vested in his trustee.

Hosking v Apax Partners LLP – a US$ 1 billion claim under s. 423 of the Insolvency Act 1986 against a number of high-profile private equity houses. Guy assisted Robert Miles KC and Andrew de Mestre KC for the successful Defendants. Hosking v Apax Partners LLP was selected as one of The Lawyer’s Top 20 Cases of 2018.

Sandhu v Nagra – an unfair prejudice petition against a company director who had diverted the business and assets of the company to his own corporate entity (see [2018] EWHC 763 (Ch)). Guy acted for the successful petitioner on a post-judgment application for the appointment an interim receiver on the basis that an existing freezing injunction did not provide adequate protection against the danger of document destruction.

Guy is a contributor to two works on insolvency: Transaction Avoidance in Insolvencies 3^rd Ed. (2018) and Loose and Griffiths on Liquidators 9^th Ed. (2019). His contributions include chapters on wrongful & fraudulent trading, transaction avoidance in offshore jurisdictions, and decision making within a liquidation.

Offshore litigation

Guy is called to the Bar in the BVI where he has extensive experience in both the Commercial Court and the Eastern Caribbean Court of Appeal. His recent cases include:

Oscar Trustee Limited v MBS Software Solutions Limited BVIHCMAP 2021/0024 – a US$5 million claim for sums allegedly due under an investment agreement in respect of a mining venture in Turkey. Guy is instructed by Harney Westwood & Riegels LP alongside Sharif Shivji KC for the Defendant. In August 2022, Sharif and Guy successfully resisted the Claimant’s appeal against the Commercial Court’s decision to stay proceedings on grounds of forum non conveniens. In February 2023, they obtained a further order from the Eastern Caribbean Court of Appeal staying the Claimant’s application for permission to appeal to the Privy Council until all outstanding cost orders are paid.

Von Der Heydt Invest S.A. v MultiBank FX International Corporation BVIHCMAP2022/0008 – a claim to set aside a consent order designed to legitimise the misappropriation of US$36 million of investor funds. Guy is instructed by Carey Olsen (BVI) LP for the Claimant alongside Alexander Cook KC. This case has given rise to eight published judgments in the Eastern Caribbean Court of Appeal, including what is now the leading decision on fortification of cross-undertakings in damages.

Candey Limited v Crumpler BVIHCMAP 2020/0021 – an application by a law firm for an order under s. 273 of the BVI Insolvency Act 2003 that sums due to them from an insolvent company be paid as an expense in the liquidation under the Lundy Granite principle. Guy acted for the Applicant in the Eastern Caribbean High Court and Court of Appeal.

Guy is also a Part II registered practitioner in the DIFC where he has experience at all levels ranging from the Small Claims Tribunal to the Court of Appeal. His recent cases include:

Sawhney v Credit Suisse AG [2023] CFI 06/22021 – a US$5 million claim in the DIFC by customers of a global investment bank for alleged mis-selling of investment products. Guy is instructed by Al Tamimi & Company for the Defendant alongside Sharif Shivji KC. In February 2023, Sharif and Guy succeeded in striking out large parts of the Claimants’ statement of case.

First Middle East Distribution DMCC v Orange Chameleon Limited – a AED 3.8 million claim under a lease. Guy is instructed by Al Tamimi & Company as sole counsel for the Defendant.

Re a Trust – A long-running family dispute in the DIFC over the ownership of a Dubai-based business empire worth c. US$1 billion. Guy acted as junior to Richard Hill KC, Orlando Fraser KC, and Sharif Shivji KC, and latterly as sole counsel for the successful party.

Guy has also assisted on cases in other jurisdictions. Such cases include:

Digital Asset Exchange Limited v Oyekenov [2022] GSC 15 – a claim by a blockchain technology company for the alleged misappropriation of large quantities of Bitcoin and Ethereum. Guy assisted Mo Haque KC during the Defendant’s successful application to dispute the jurisdiction of the Gibraltar Courts. He is now instructed for the Defendant in a related claim in the BVI.

Re a Company – an application by a shareholder of a substantial Hong Kong financial services company to challenge the removal of his right to vote at a general meeting. Guy was instructed alongside Jonathan Crow KC to advise in the context of the shareholder’s appeal to the Hong Kong Court of Final Appeal.

Guy is the co-author of the chapter in Transaction Avoidance in Insolvencies 3^rd Ed. (2018) on transaction avoidance in offshore jurisdictions.