Jack Fletcher

Jack is well equipped to deal with commercial disputes. His experience includes:

• Morjaria v Mirza (ChD): Acting for the defendants in an 8-week trial in the High Court, relation to a joint venture for the purchase and development of London commercial property, raising issues of fraud, misrepresentation, breach of fiduciary duty, conspiracy, unjust enrichment and equitable remedies (junior counsel, led by Hefin Rees KC and Stephen Ryan)
• Successfully defending a £1.165 million summary judgment application in the High Court, acting for a company director sued under a personal guarantee (as sole counsel)
• Acting for the UK arm of a large multinational company and (i) successfully setting aside default judgment against it, (ii) successfully striking out the same claim against it for contravention of the Sale of Goods Act 1979 and (iii) successfully obtaining a totally without merit certification (as sole counsel)
• Successfully resisting a strike out / summary judgment application in the county court, succeeding on an application to amend the pleadings instead (as sole counsel)
• Acting for a claimant at a CMC and successfully obtaining a strike out of several paragraphs of the defendant’s defence as well as successfully resisting their joinder application to join additional parties to the claim (as sole counsel)
• Advising on and settling pleadings in relation to a claim for unpaid commission concerning the sale of a hotel, including a counterclaim for recovery of a secret commission (matter ongoing)
• Acting for a tenant facing claims for breach of a residential tenancy agreement, counterclaiming for a return of his deposit (matter ongoing)
• Advising on and drafting letters concerning a dispute between an ultimate beneficial owner and his nominee director and shareholder said to hold his shares on trust (matter ongoing)
• Advising on (and drafting letters in reliance on) the unfair relationship provisions in the Consumer Credit Act 1974
• Advising on the prospects of overturning a judgment on the basis that it was procured by fraud (led by James Knott)
• Advising on the scope for challenging an arbitrator’s decision under ss.67, 68 and 69 of the Arbitration Act 1996 (led by Alex Cook KC)
• Regularly appearing unled at numerous Costs and Case Management Conferences, addressing costs budgeting, disclosure and various interim applications
• Settling numerous pleadings in relation to debt claims
• Advising on a claim for breach of contract (an alleged settlement agreement) relating to a debt owed by the director to the company under a director’s loan account (as a pupil, assisting James Knott). The advice also considered whether the settlement agreement was a regulated consumer credit agreement under the Consumer Credit Act 1974.
• Advising a company on a disputed debt (comprising accrued interest), in circumstances where it was alleged that the debt had been waived (as a pupil, assisting Alastair Tomson).
• Advising on the validity of two deeds of assignment by a company in circumstances where the assignee had provided limited or no consideration (as a pupil, assisting Alexander Cook KC).
• Re Cimolai Spa and Luigi Cimolai Holding Spa[2023] EWHC 923 (Ch): Jack drafted a skeleton argument opposing a stay of a claim in England under the Cross Border Insolvency Regulations (as a pupil, assisting Donald Lilly, led by Barry Isaacs KC).

Jack advises and appears regularly as sole counsel in the High Court and county courts in personal and corporate insolvency matters, including bankruptcy petitions, winding up petitions and associated applications. His experience in this area includes:

• Obtaining an order for a declaration that trustees in bankruptcy held a beneficial interest in land, as well as an order for possession and sale of that land, following a one-day trial (as sole counsel).
• Obtaining validation orders in the High Court in the context of both pending winding up and bankruptcy petitions (as sole counsel).
• Representing a director facing claims from a liquidator in relation to allegations of preferential payments, void payments, misfeasance and breaches of fiduciary duty, wrongful trading, an outstanding director’s loan account and misappropriation of assets and successfully engineering a drop-hands settlement (as sole counsel).
• Acting for a director in an administration application in the High Court and successfully preventing the winding up of the company (as sole counsel).
• Advising on the procedure involved in calculating creditors’ entitlement to vote in an IVA and the scope for challenging that IVA on the basis of a material irregularity.
• Advising on the scope of the stay imposed by s.130 of the Insolvency Act 1986.
• Advising on the threshold of what constitutes a “genuine dispute on substantial grounds” in the context of a winding up petition.
• Obtaining charging orders in the High Court.
• Re CGL Realisations Ltd (formerly Comet Group Ltd) (In Liquidation) [2023] EWCA Civ 1135. Jack assisted Tiran Nersessian (as a pupil, led by Andreas Gledhill KC) in a 2-day appeal before the Court of Appeal in September 2023, concerning a £115.4m debt repayment that was deemed to constitute a preference under s.239 of the Insolvency Act 1986 (the largest ever preference claim by value).
• Advising on the scope of the property that vested in a bankrupt’s estate under ss.283 and 436 of the Insolvency Act 1986 (as a pupil, assisting Tiran Nersessian).
• Advising on the powers of provisional liquidators in Bermuda to disclaim onerous contracts and the effect of a jurisdictional clause in those contracts (as a pupil, assisting Donald Lilly).
• Re Cimolai Spa and Luigi Cimolai Holding Spa [2023] EWHC 923 (Ch): Jack drafted a skeleton argument opposing a stay of a breach of contract claim in England under the Cross Border Insolvency Regulations (as a pupil, assisting Donald Lilly, led by Barry Isaacs KC).
• Drafting a defence to a claim which included allegations of transactions at an undervalue and preferences against a director, as well as breaches of fiduciary duties (as a pupil, assisting James Knott).
• Advising a creditor on their entitlement to statutory interest, where the debtor company had entered a members’ voluntary liquidation and paid their debt prior to receiving a proof of debt from the creditor (as a pupil, assisting Alexander Cook KC).

Jack has worked on several matters with civil fraud elements, including the following:

• Morjaria v Mirza (ChD): Acting for the defendants in an 8-week trial in the High Court, relation to a joint venture for the purchase and development of London commercial property, raising issues of fraud, misrepresentation, breach of fiduciary duty, conspiracy, unjust enrichment and equitable remedies (junior counsel, led by Hefin Rees KC and Stephen Ryan).
• Byers v Saudi National Bank [2023] UKSC 51: As a pupil, Jack assisted James Knott (led by Jonathan Crow KC) in drafting the skeleton argument for an appeal before the Supreme Court of a claim for the knowing receipt of shares, in circumstances where the claimant’s proprietary interest in the shares was extinguished on receipt.
• Von der Heydt Invest SA v Mex Securities S.a.r.l & Ors: As a pupil, Jack assisted Alexander Cook KC (leading Guy Olliff-Cooper), acting for the claimant, in a c.€43 million commercial fraud claim in the British Virgin Islands arising out of an allegedly fraudulently obtained consent order.
• Drafting the grounds of appeal, skeleton argument and application notice in a case where a fiduciary had breached their duty to the company by (i) putting themselves in a position of conflict and (ii) taking advantage of opportunities belonging to the company (as a pupil, assisting James Knott).
• Assisting James Knott as a pupil (led by Andrew de Mestre KC), acting for a major UK bank in a multimillion-pound claim in conspiracy and unjust enrichment against multiple defendants, in circumstances where freezing orders appeared to have been breached. Jack helped to draft affidavit evidence in relation to the claim.

Jack’s experience in company law matters includes:

• Acting for a 50% shareholder and petitioner in an unfair prejudice petition alleging exclusion from management and misappropriation of company assets (as sole counsel, matter ongoing).
• Representing a director facing claims from a liquidator in relation to allegations of preferential payments, void payments, misfeasance and breaches of fiduciary duty, wrongful trading, an outstanding director’s loan account and misappropriation of assets and successfully engineering a drop-hands settlement (as sole counsel).
• Davies v Ford[2023] EWCA Civ 167: A c.£4m+ equitable compensation and dishonest breach of fiduciary duty claim against the director and recipient company concerning the diversion of a waste recycling business. As a pupil, Jack assisted Alexander Cook KC (leading Daniel Kessler) in a 3-day appeal before the Court of Appeal.
• Re Carillion plc: As a pupil, Jack assisted Tiran Nersessian in relation to proceedings under the Company Director’s Disqualification Act (CDDA) arising out of the high-profile liquidation of Carillion.
• Assisting Tiran Nersessian (acting for the successful defendant) during the 2-day trial of an action under s.6 of the CDDA, concerning a corporate health and safety breach. Jack assisted as a pupil on all aspects of the case, including drafting the skeleton argument and helping to prepare cross-examination notes and closing submissions.
• Advising a sole director on their powers in the context of the company’s articles of association and on the prospects of succeeding on a petition to wind up the company on the just and equitable ground (as a pupil, assisting Alastair Tomson).
• Advising a 50% shareholder, in a dispute with their co-shareholder, on options to extricate the value of their shares, including petitioning to wind up the company on the just and equitable ground (as a pupil, assisting James Knott, led by George Bompas KC).
• Drafting an unfair prejudice petition on behalf of one of three shareholders (each with equal shares of 33.3%), who was effectively excluded from management without a fair offer to purchase his shares (as a pupil, assisting James Knott).
• Advising on the interpretation of a pre-emption provision contained in a DIFC company’s articles of association and shareholders’ agreement (as a pupil, assisting Richard Hill KC).

Jack has significant exposure to matters involving an offshore element, including:

• Advising as sole counsel on the enforcement options available to a judgment creditor in the Turks and Caicos, including obtaining a garnishee order and/or charging order and/or appointing a receiver
• Re a Nevis Trust (St. Kitts & Nevis) (in camera): As a pupil, Jack assisted Donald Lilly (led by Richard Wilson KC), acting for the trustee of an international exempt trust in Nevis, to prepare various category 1 and category 2 blessing applications made as a result of difficulties in effecting distributions to a large number of objects.
• Advising on the enforcement of an ICC arbitration award in one jurisdiction against a company incorporated in the British Virgin Islands, with its parent company in administration in another jurisdiction (as a pupil, assisting Donald Lilly).
• Advising on the powers of provisional liquidators in Bermuda to disclaim onerous contracts and the effect of a jurisdictional clause in those contracts (as a pupil, assisting Donald Lilly).
• Von der Heydt Invest SA v Mex Securities S.a.r.l & Ors: As a pupil, Jack assisted Alexander Cook KC (leading Guy Olliff-Cooper), acting for the claimant, in a c.€43 million commercial fraud claim in the British Virgin Islands arising out of an allegedly fraudulently obtained consent order.
• Advising on the interpretation of a pre-emption provision contained in a DIFC company’s articles of association and shareholders’ agreement (as a pupil, assisting Richard Hill KC).

Jack’s experience as a pupil included the following:

• Re a Nevis Trust (St. Kitts & Nevis) (in camera): Jack assisted Donald Lilly (led by Richard Wilson KC), acting for the trustee of an international exempt trust in Nevis, in preparing various category 1 and category 2 blessing applications made as a result of difficulties in effecting distributions to a large number of objects.
• Byers v Saudi National Bank [2023] UKSC 51: Jack assisted James Knott (led by Jonathan Crow KC) in drafting the skeleton argument for an appeal before the Supreme Court of a claim for the knowing receipt of shares, in circumstances where the claimant’s proprietary interest in the shares was extinguished on receipt.
• PJSC National Bank Trust v Mints: Jack assisted James Knott, acting (led by John Machell KC) for the corporate trustee of a Cayman STAR trust in proceedings brought by two Russian banks against members of the Mints family and others.

As a pupil, Jack assisted Alexander Cook KC with several POCA matters, including:

• An application for the forfeiture of seized cash under s.298 of the Proceeds of Crime Act 2002 (POCA).
• An application for an account freezing order under s.303Z1(2) of POCA.
• Advising on the effect of ss.27A and 32 of the Limitation Act 1980 on proceedings to recover property allegedly obtained through unlawful conduct.

• Contributor to Tolley’s Insolvency Law Service.

• Chancery Bar Association
• COMBAR

Qualifications

• BVS, City Law School (Distinction)
• GDL, City Law School (Distinction)
• BA in Classics, Exeter College, University of Oxford (First Class)

Scholarships & Prizes

• Nina Lowry Scholarship, Gray’s Inn
• Scholarship for Academic Excellence, City Law School
• First de Paravicini Prize for the best dissertation on a Roman topic, University of Oxford
• Henderson Memorial Prize for Ancient History, Exeter College
• Fitzgerald Prize for performance in Final Degree Examinations, Exeter College
• East Exhibition for performance in Qualifying Examinations, Exeter College
• Winner, Gray’s Inn Mooting Competition (2022), receiving the fifth Nicholls Prize for advocacy from Three Raymond Buildings
• Finalist, City Law School GDL Mooting Competition (2021)