Orlando Fraser KC

• Trusts, Account of Profits – 5 week enquiry into profits made in the oil industry by defaulting fiduciary before Asplin J in April 2015 in the Chancery Division – GEHC v Gray [2015] EWHC 2232 (Ch)
• Administrative receivers – appointment of administrative receivers 1 hour after demand under debenture upheld by Court – Sheppard v Cooper v TSB Bank Plc [1996] 2 All ER 654;
• Arbitration – efficacy of insolvency termination set-off clause– Armada v Fortescue (2010-11)
• Trusts, Breach of fiduciary duties – successfully defending Nevis purpose and/or charitable trusts from application to invalidate them, and their receipt of assets, on grounds of prior breach of fiduciary duties (2009-2014).
• Trusts, Bribes – foreign insurance, allegations of bribes, breach of trust and grossing up – Kenya Ports Authority vs WIB Ltd (2003-4).
• Derivative claim – 12-day Zoom trial in June 2020 in front of Wallbank J in BVI Commercial Ct of derivative claim brought for breach of duty, unjust enrichment, knowing assistance and knowing receipt – Kathryn Ma Wai Fong vs Incredible Power & Ors BVIHC (Com) 47 of 2015
• Concluded contract – whether signature required – delivery of deeds – Silver Queen vs Persia Petroleum Ltd [2010] EWHC 2867 (QB).
• Contempt of Court – defended client accused of forging documents and witness statement in 8 day Chancery Division trial before Zacaroli J in November 2017
• Contractual uncertainty – non-compete covenant, injunctions, Sudbrook Trading, void for uncertainty – Isoft plc v Misys plc [2002] EWHC 2094 (ch); [2003] EWCA Civ 229
• Cross-undertaking in damages – successfully resisting ordering of enquiry– North Principal Investments Limited v Greenoak & Ors [2009] EWHC 985 (Ch)
• Director’s disqualification – leave for disqualified director to resume acting as a director; acting for director – Re Dawes & Henderson (Agencies) (No 2) [1999] 2 BCLC 317
• Trusts, Executors’ duties – divided executors – conflict of interests – will and charitable trusts – Singapore and Jersey jurisdictions (2010-11)
• Financial Conduct Authority – acted for FCA in August 2019 in obtaining order for appointment of Joint Provisional Liquidators over Allied Wallet Limited by Snowden J; and ancillary costs issues arising thereafter –FCA vs Allied Wallet Ltd 2020 BCC 147; and Re Allied Wallet 2019 EWHC 3805
• Financial products mis-selling acted in DIFC in March 2018 for Kuwaiti client bringing new damages claim vs Bank Safra Sarasin for mis-selling financial products – defended Henderson v Henderson strike out application before Sir David Steel – Al Khorafi & Ors vs Bank J Safra Sarasin & Anor
• Football – purchase of Birmingham City FC – City Code on Takeovers and Mergers – successfully upholding broker’s success fee clause – Seymour Pierce vs Grandtop Holdings – [2010] EWHC 676 (QB)
• Trusts, Fraudulent misrepresentation and tracing – action vs directors of borrower under Government for Enterprise scheme – 2 week trial – Peter Smith J – Capital for Enterprise vs Ors vs Malik & Ors (2011-12)
• Fraudulent trading – BCCI; fraudulent trading under s.213 of IA 1986; strike out appeal; CPR’s overriding objective; litigation IT – Morris & Ors v Bank of America National Trust & Savings Association & Ors [2000] 1 All ER 954; The Times, January 25 1999, CA
• Freezing injunctions – obtaining freezing injunctions, inc proprietary injunctions – M R & Co Holding Gmbh v K & ors, 1999, CA
• Interim injunction – balance of convenience between orders and undertakings – North Principal Investments Limited v Greenoak & Ors [2008] EWHC 2047 (Ch)
• IVA – setting aside under s.262/r5.22 IA 1986 – trial in November 2016 before HHJ Keyser QC sitting as a Hg Ct Judge – CFL Ltd vs Rubin & Ors [2017] EWHC 111 (Ch)
• Material non-disclosure – setting aside freezing injunctions for material non-disclosure – Smith v Spread Trustees Ltd (2002); AAH Pharmaceuticals Ltd vs Birdi & Ors (2010)
• Minority Shareholder Petition – 2019 – appeared in case management hearings for UK technology company respondents in relation to s994 CA 2006 petition, including issues over locus standi, information requests, and disclosure pilot scheme Re CPG Ltd
• Minority Shareholders s994 Petition – trial before Asplin J in February 2017 – £50m purchase/loan repayment order – Re TPD Investments Ltd [2017] EWHC 657 (Ch)
• Misfeasance – acting for liquidator in recovering of company’s assets from directors as transactions at an undervalue, and misfeasance – Re Barton Manufacturing Co Ltd [1998] BCC 827, [1999] 1 BCLC 741;
• Non-executive directors – duties, including duty to cooperate with Liquidators – disqualification – Re Galeforce Pleating [1999] 2 BCLC 704
• Private equity – appearing for private equity firm to obtain success fees for raising £30m+ for Harley Street fertility clinic business – WH Ireland vs Taranissi (2012-3)
• Receivers – instructed by Forbes Hare, in dispute over Nevis Court-appointed receivers’ conduct in February/March 2019
• Trusts, Saunders & Vautier – acted in 2019 for settlor in express (and charitable) trust dispute in DIFC, instructed by Taylor Wessing
• Security for Costs – bank guarantee claim – insolvent Irish state – whether needed to give security for costs – Anglo-Irish Bank Ltd vs Flood & Riddell – [2011] EWHC 962 (Comm); [2011] EWCA Civ 799
• Specific Performance – put options- misrepresentation – European energy company – LCIA arbitration – BV Capital Partners vs Tabellion & Anor (2008-12).
• Third party cost orders under s51 SCA 1981– Hamilton v Fayed (No 2) [2002] EWCA Civ 665; [2003] 2 WLR 128

• Directors Disqualification list for the DTI, 1997-1999.
• Member of the Commercial Bar Association, and the Chancery Bar Association
• Queen’s Counsel, 2014
• Legal Board Member of the Charity Commission, 2013-2017
• Civil Justice Council, 2016-2019

Please contact the Senior Clerk  for details of foreign jurisdictions where Orlando is licensed to practice.