Oliver Hyams

Areas of expertise

• Civil Fraud and Asset Tracing

  Civil Fraud and Asset Tracing

  Oliver specialises in high value, complex commercial fraud cases and cross-border disputes, making full use of his related expertise in commercial litigation, insolvency, and disputes involving companies, joint ventures and trusts.

  He has excellent experience of worldwide freezing orders, choice of law and jurisdiction disputes, and applications to serve out of the jurisdiction. His cases often involve without notice applications for interim relief, contested injunction applications, cross-examination on asset disclosure, and contempt of court applications, in addition to passport delivery up and travel restriction orders.

  Oliver regularly appears in commercial claims involving allegations of dishonesty, deceit, conspiracy, inducing breach of contract, and unjust enrichment. He also handles cases alleging fraud in relation to the management of trusts. He has particular experience in claims involving misappropriation by fiduciaries, including directors and trustees.

  Asset recovery forms a significant part of his practice and is an area in which his expertise in insolvency, company and trusts law are a significant advantage.

  Recent work:

  • Floreat Investment Management Limited v (1) Churchill (2) Diallo (3) Nusibeh [2022] EWHC 357 (led by Nigel Jones QC): A $ multi-million claim in deceit, breach of fiduciary duty, conspiracy, dishonest assistance and knowing receipt involving three fund managers who allegedly misappropriated interest payments on a loan to Reading Football Club and failed to demand payments due to the fund. The case is now being heard by the Court of Appeal.
  • Atkinson and Mummery & Anr v Varma & Ors [2021] EWHC 2027 (Ch) (led by James Ramsden QC): Oliver acted for the successful fourth defendant in this substantial civil fraud claim at first instance an on appeal. Oliver’s client was alleged to have received £ millions of company money misappropriated from 140 investors and an array of claims were pleaded against him, including in unjust enrichment, knowing receipt and dishonest assistance. Oliver appeared as sole counsel various interim applications, including a contested amendment application, and a successful application to discharge a passport delivery-up and travel restriction order.
  • Galmarley Ltd (t/a Bullionvault.com) v (1) Kitover (2) Haller [2021] EWHC 809 (Ch): an extraordinary stakeholder claim which required the claimants to prove they were one and the same person in order to withdraw bullion deposited in vaults in Switzerland and Singapore under what turned out to be a false name.
  • Yalcinkaya v Hassan [2021] EWHC 723 (Ch): an application to discharge a freezing order and proprietary injunction for breach of the duty of fair presentation.
  • Wolff v Trinity Logistics USA Inc [2019] 1 WLR 3997 (led by Michael Collett QC): Oliver acted for a director facing claims in deceit, unlawful means conspiracy and procuring breach of contract. The appeal and cross-appeal concerned the elements of the economic torts; whether the court has the power to make a declaration of indemnity; and the circumstances in which a respondent requires permission to cross-appeal.
  • Hughes Jarvis Ltd v Searle [2019] 1 WLR 2934: an appeal concerning committal for contempt in the face of the court. Oliver also appeared in Hughes Jarvis Ltd v Searle [2018] EWHC 2018 (Ch): an application to stay enforcement of a payment on account of costs pending appeal.
  • The Universal Wealth litigation (led by Brie Stevens-Hoare QC): Oliver represented 29 claimants in their claim against a professional trustee and his associates, who had misappropriated up to £25m of trust money from around 200 clients and had persuaded thousands of people to transfer ownership of their properties into his name. Oliver and Brie obtained worldwide freezing and proprietary injunctions; money judgments for £4.5m; and associated relief under the Trustee Act 1925. Oliver was subsequently involved in a global asset tracing exercise.
  • Reynolds v Long [2018] EWHC 3535 (Ch): Oliver was sole counsel for the successful applicants in a contested application to commit a professional trustee for breach of his disclosure obligations under several freezing orders. He was sentenced to 8 months’ imprisonment.
  • Orji & Ors v Ukpene & Ors: a rare case where the court ordered rescission of a settlement agreement for fraud.
• Insolvency

  Insolvency

  Insolvency work plays a key role in Oliver’s practice and he is instructed in high value and complex insolvency disputes as well as commercial disputes with an insolvency angle. He also has expertise in relation to insolvent estates and trusts.

  Oliver acts for office-holders, companies and individuals. His recent clients include a leading third-party funder, a major airline and an international bank, as well as a major overseas insurer and several high net worth individuals.

  He has is regularly instructed in office-holder claims (such as claims relating to preferences, transactions at an undervalue, misfeasance and also wrongful trading claims), claims about transactions defrauding creditors, as well as many other types of insolvency application, such as applications for an injunction to restrain the presentation or advertisement of a winding up petition.

  He is familiar with the Corporate Governance and Insolvency Act 2020, including the moratorium procedure, and its application by the courts, and often advises office-holders in relation to disputes with landlords.

  Oliver has extensive experience of bankruptcy proceedings. He regularly acts in applications to set aside statutory demands, for validation orders and orders for sale, as well as applications to unwind preferences. He also has experience of inquiries into the bankrupt’s dealings and property.

  Recent work:

  • Atkinson and Mummery & Anr v Varma & Ors [2021] EWHC 2027 (Ch) (led by James Ramsden QC): Oliver acted for the successful fourth defendant against a claim by joint liquidators seeking to recovery £ multi-million which had been invested in a fraudulent property development scheme.
  • Vald Nielsen Holding A/S & Newwatch Limited v (1) Baldorino (2) Bennett (3) Mantell: Multi-party litigation in which Oliver advised the claimant in relation to the proposal that a judgment debt of £16m+ should be paid by way of some of the highest value and most complex IVAs yet made under the current rules which would release funds from offshore investments and trusts, and involve collateral agreements with family members. Oliver also acted successfully in a contested bankruptcy petition and advised on potential applications against third parties arising out of their failure to liquidate assets.
  • Acting in relation to the administration of a major property developer. Oliver acted for an insurer which provided deposit bonds to purchasers. At the time of the administration, the developer had a 123 flat site unfinished. There were protracted discussions with the administrators and purchasers seeking return of their deposits.
  • Oliver acts for the liquidators of a well-known events company with entities in the USA, Canada, the UK and Germany. They are pursuing serious allegations of wrongdoing against a director.
  • Acting in relation to the insolvency of an entertainment company which raised substantial sums from investors and owes large sums to creditors.
  • Acting for the debtor, who owed £42m to a Russian bank, in bankruptcy proceedings.
  • Acted for the joint supervisors of a failed IVA in their successful petition to bankrupt a former England footballer.
  • Successfully opposed a winding-up petition for a non-league football club.
• Companies, Joint Ventures, Partnerships and Trusts

  Companies, Joint Ventures, Partnerships and Trusts

  Oliver has particular experience of disputes involving companies and joint ventures. He is also experienced in handling disputes relating to trust structures. Many of these cases include allegations of fraud, dishonesty or impropriety.

  Oliver has extensive experience of shareholders’ disputes, including unfair prejudice petitions under s.994 of the Companies Act 2006, petitions on the just and equitable ground and claims in relation to the beneficial ownership of companies.

  Oliver is regularly instructed in disputes relating to breaches of duty by directors, particularly in the context of broader disputes between parties, or by office-holders in insolvencies.

  He is commonly involved in disputes where the parties have issued, or have threatened to bring, several connected claims, often in different jurisdictions.

  Recent work:

  • LA Micro Group (UK) Ltd & Anr v LA Micro Group, Inc. & Ors [2022] 1 WLR 336 and [2021] EWHC 140 (Ch) (led by Andrew Twigger QC and Paul Strelitz): Oliver acted for the claimants at trial and on appeal in a dispute concerning the beneficial ownership of shares in a computer hardware company. The claim involved both jurisdictional issues and cross-border elements and focused on arguments around abuse of process, disclaimer, contractual surrender, laches and proprietary estoppel.
  • An unfair prejudice petition concerning an engineering company which keeps water infrastructure operational. The case is topical as there are allegations of mismanagement during the pandemic.
  • Stone Futures Ltd v PJ Mullan & Sons Ltd & Anr: a claim for an account arising out of a failed joint venture for the redevelopment of a milk depot.
  • Re Pre-War Car Parts Ltd: a winding-up petition on the just and equitable ground concerning a classic car restoration business, and a cross-claim for declaratory relief as to the beneficial ownership of the shareholding in the company.
  • Re Astha Ltd: an unfair prejudice petition (and two related claims) in relation to a regional care home business that has been ongoing for 4 years.
  • A claim for a specific performance of an agreement to grant an option over valuable shares in an artificial intelligence start-up targeting ‘unicorn’ status.
  • A claim arising out of a failed recycling plant project where investors alleged breaches of a shareholders’ agreement and misfeasance by the directors.
• Commercial litigation

  Commercial litigation

  In addition to the civil fraud, insolvency and company expertise outlined in the other parts of his profile, Oliver handles a wide variety of commercial matters, both domestically and internationally.

  These claims range from general breach of contract disputes to breach of warranty claims and claims under guarantees, indemnities and legal charges.

  Oliver appears regularly in the High Court, Commercial Court and appellate courts. He is also committed to alternative dispute resolution, be it arbitration, mediation or any other form of ADR.

  Recent work:

  • Floreat Investment Management Limited v (1) Churchill (2) Diallo (3) Nusibeh [2022] EWHC 357 (led by Nigel Jones QC): A £ multi-million claim in deceit, breach of duty, conspiracy, dishonest assistance and knowing receipt involving three fund managers who allegedly misappropriated interest payments on a loan to Reading Football Club and failed to demand payments due to the fund. The case is now being heard by the Court of Appeal.
  • LA Micro Group (UK) Ltd & Anr v LA Micro Group, Inc. & Ors [2022] 1 WLR 336 and [2021] EWHC 140 (Ch) (led by Andrew Twigger QC and Paul Strelitz): Oliver acted for the claimants at trial and on appeal in a dispute concerning the beneficial ownership of shares in a computer hardware company. The claim involved both jurisdictional issues and cross-border elements and focused on arguments around abuse of process, disclaimer, contractual surrender, laches and proprietary estoppel.
  • General Insurance Brokers (UK) plc v Bupa Insurance Ltd (led by Michael Collett QC): a claim in the Commercial Court for breach of contract by an insurance intermediary specialising in health insurance for oil workers in Libya.
  • Meech v Pawley: a classic commercial case concerning a loan but where there is a lack of agreement as to when the contract/s was/were formed, between whom or on what basis.
  • Bibby Financial Services Ltd & Ors v Moraes & Anr: a claim under guarantees, indemnities and a legal charge arising out of the failure of a previously fashion company.
  • A claim to rescind an option to purchase a portfolio of 72 investments properties for misrepresentation.