Practice

Orlando’s practice is at the commercial end of the Chancery Bar, with an emphasis on civil fraud, company, commercial, insolvency and trusts (including purpose and charitable trusts). Orlando has been consistently recommended for his work by Chambers & Partners, Who’s Who Legal and Legal 500. In addition to his work in the Chancery and Commercial Divisions in London, Orlando is also licenced to appear in a number of foreign jurisdictions.  Pro bono work: Orlando served as a Legal Member of the Board of the Charity Commission from July 2013 to December 2017, and on the Civil Justice Council from July 2016 to July 2019, and has also volunteered through Bar in the Community, the Bar Pro Bono Unit, and the Bar Silk and Judicial Mentoring Scheme.

Additional info

Cases of interest

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 clauseArmada 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 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

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 – 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 Shareholder Petition – 2018 – 2020 – acting for majority shareholders of UK/US technology company in relation to s994 CA 2006 petition, instructed by Allen & Overy – hearings before ICC Jones – Faulkner, Sachs & Ors vs Vollin, Minden & Ors CR-2018-005055

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 1981Hamilton v Fayed (No 2) [2002] EWCA Civ 665; [2003] 2 WLR 128

What the directories and judges say

Orlando is recommended in 2020/21 Chambers and Partners or Legal 500 for Fraud (Civil), Company, Commercial, and Offshore. Quotes from current and past Chambers UK, Legal 500, and Who’s Who Legal editions include:

  • “He has a huge brain”
  • “His advocacy is fantastic.”
  • “Ranks highly among peers thanks to his superb advocacy”
  • “Very impressive on his feet and has a very calm and unflappable manner.”
  • “He is noted for his cross-examination…” 
  • “A charismatic performer who is good at cutting through the chaff and getting to the point. He’s also expert at presenting news, good or bad, to the client in the most palatable way possible.”
  • ‘An outstanding practitioner.’
  • “He’s great to work with, very responsive and above all, imaginative.”
  • 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”
  • “A vivacious and punchy junior silk who is incredibly able….”
  • “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
Queen’s Counsel, 2014
Legal Board Member of the Charity Commission, 2013-2017
Civil Justice Council, 2016-2019

 

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.