Practice

Orlando’s practice is at the commercial end of the Chancery Bar, with an emphasis on civil fraud, and offshore work. Orlando has been consistently recommended for his civil fraud work by both Legal 500 and Chambers UK. In addition to his work in the Chancery and Commercial Divisions in London, Orlando is also called to the Bars of the BVI, St Christopher & Nevis and Dubai. Orlando has participated in the Bar in the Community program, is a Founding Fellow of the Centre of Social Justice, and served as a Legal Member of the Board of the Charity Commission from July 2013 to December 2017.

Additional info

Cases of interest

 

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 clauseArmada v Fortescue (2010-11)

Breach of fiduciary duties – successfully defending Nevis trusts from application to invalidate them, and their receipt of assets, on grounds of prior breach of fiduciary duties (2009-2014).

Bribes – foreign insurance, allegations of bribes, breach of trust and grossing up – Kenya Ports Authority vs WIB Ltd (2003-4).

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 enquiryNorth 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

Executors’ duties – divided executors – conflict of interests – Singapore and Jersey jurisdictions (2010-11)

 

Financial products mis-selling acted in Dubai in March 2018 for Kuwaiti client seeking $1bn damages from 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)

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 – setting aside freezing injunctions, inc proprietary injunctions – Marc Rich & Co Holding GmbH v Krasner & ors Jan 15, 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 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)

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 – Russian energy company – LCIA arbitration – Baring Vostok Capital Partners vs Tabellion & Anor (2008-12).

Third party cost orders under s51 SCA 1981Hamilton v Fayed (No 2) [2002] EWCA Civ 665; [2003] 2 WLR 128

What the directories and judges say

Orlando is recommended in 2018 Chambers UK for Fraud (Civil) and Offshore, and Who’s Who Legal 2018 for Civil Fraud.
Quotes from current and past Chambers UK, Legal 500, and Who’s Who Legal editions include:

  • Orlando Fraser QC is “a seriously clever advocate” with impressive experience in multi-jurisdictional civil fraud disputes”
  • “He is an excellent silk. He turns round work quickly and is a very reliable sounding board.”…
  • “A great reputation for commercial litigation…”
  • “An excellent advocate….good tactician with sound judgment”
  • “He is noted for his cross-examination…” 
  • “A vivacious and punchy junior silk who is incredibly able….”
  • “He has a huge brain”
  • “Smart, thoughtful and blessed with good judgement.”
  • “He’s unbelievably thorough, extremely hard-working and tenacious, and he grasps even the most complex situations or scenarios very quickly”  
  • “Orlando Fraser is an expert on fraudulent actions and general commercial litigation as well an accomplished general chancery barrister…”  
  • “Orlando Fraser has an active international practice…he wins through as he combines civility with legal excellence..”   
  • “…Orlando Fraser is “able to see the big picture at all times”. Clients assess his legal analysis and skill set as being of the highest order, and value the “real delicacy of his highly persuasive advocacy”…”.  
  • “…His worldly wise approach and his forensic analysis of evidence continues to win him approbation…”. 
Career & appointments

Directors Disqualification list for the DTI, 1997-1999.
Member of the Commercial Bar Association, and the Chancery Bar Association
Orlando is a member of the Bar’s Pro Bono Unit, has participated in the Bar in the Community program, and is familiar with charity law and practice.

Foreign jurisdictions

 

Admitted to Bar of the British Virgin Islands, and to the Bar of St Christopher and Nevis; a Part II registered practitioner in Dubai: and also admitted to the Bar of South-West Texas, pro hac vice.