Ryan Hocking

Areas of expertise

• Commercial dispute resolution
  • Commercial litigation

    Commercial litigation

    Ryan is instructed across a wide range of commercial disputes, as both sole and junior counsel. Ryan frequently acts in cases with an international element, having significant experience of jurisdictional disputes, without notice injunctions, and other forms of interlocutory relief in this context.

    Ryan’s caseload includes contractual disputes, civil fraud, unjust enrichment, and partnership, LLP and shareholder disputes. This often intersects with his work in other areas, such as financial regulation and professional negligence. Ryan’s specialist insolvency and company law practice is often a particularly useful asset.

    Recent cases include:

    • Isaac v (1) Tan (2) Cardiff City Football Club (Holdings) Ltd [2022] EWHC 322 (Ch); [2022] EWHC 2023 (Ch): Ryan was led by Emily Betts in successfully defending an unfair prejudice petition relating to the dilution of a minority shareholding.
    • Cavendish Square Holding BV v Talal El Makdessi and ParkingEye v Beavis [2015] UKSC 67: Ryan was led by John de Waal QC and David Lewis (as they then were), acting pro bono for the Appellant Mr Beavis. This landmark case was the first authoritative review of the law of penalties since Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 847 decided almost exactly 100 years before.
    • Sempacher Foundation v Lark Services Inc and Ors: during his secondment to Appleby Global in the British Virgin Islands, Ryan was led by Andrew Willins in this extremely complex company dispute concerning bearer shares in a BVI company. Ryan appeared as sole council at interim hearings, and conducted portions of the advocacy at trial (including all cross-examination and submissions relating to Swiss law).
    • Kataman Metals LLC v Northern Ray Pte Ltd: securing judgment for approximately USD $12.8m in relation to a commodities contract.
    • Sunset Equities Ltd v Sterling Asset Management Ltd: advising and assisting in drafting amendments to a statement of case in proceedings in the Bahamas alleging malicious prosecution, unlawful means conspiracy, and abuse of process.
    • Advising on the implications of sanctions on a contract for the export of industrial machinery.
    • Advising in relation to a dispute with a value of c. £1.7m concerning an allegedly frustrated lease of a number of aircraft.

     

  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    Ryan has experience of litigating civil fraud in a variety of contexts, from straightforward misrepresentation to breaches of trust, knowing receipt and dishonest assistance, through to conspiracy.  He is frequently instructed at both the ex parte and inter partes stages of obtaining interim injunctions, including Norwich Pharmacal orders, proprietary injunctions, and freezing orders.

    Ryan’s deep familiarity with international litigation and his experience of offshore work is particularly valuable in this context, and he is skilled at dealing with matters such as jurisdictional disputes, following and tracing assets through complex structures, and cross-border enforcement.  Ryan’s proficiency in insolvency and company law is also sought after in civil fraud claims; he has the expertise to navigate matters involving overlapping fiduciary duties, ‘arm’s length’ structuring (such as nominee shareholdings), and the impact of insolvency processes on recovery.

    Ryan’s recent work includes:

    • Advising and acting for an American metal trading company in relation to a number of connected sets of proceedings in different jurisdictions arising out of a multi-million dollar fraud against a group of companies and associated persons currently subject to a USD $600m+ freezing order
    • Acting on an application for a Bankers Trust order in relation to a substantial cryptocurrency fraud and the associated tracing and following claims
    • Obtaining Norwich Pharmacal relief on behalf of a state-operated airline of a North African country in relation to fraudulently induced transfers of money
    • Acting on behalf of a former Premier League footballer in proceedings arising out of a transfer by him of his family home into the ultimate ownership of his former sports agent and legal advisor, said to have been induced by fraudulent conduct and breaches of fiduciary duty by that person
• Insolvency & restructuring
  • Corporate insolvency

    Corporate insolvency

    Ryan accepts instructions in a range of corporate insolvency matters, with experience of acting for insolvency practitioners, directors, creditors, and debtor companies.  His work in this area includes cases concerning antecedent transactions, misfeasance, injunctions to restrain presentation and/or advertisement of winding up petitions, rescission, and disputed winding up petitions.

    Ryan also has significant experience of insolvency litigation in an offshore context, having been called to the Bar in the British Virgin Islands.  He has advised and acted in relation to a number of cross-border insolvencies, including dealing with incoming and outgoing requests for assistance under s.426 of the Insolvency Act 1986.

    Ryan’s restructuring work includes advising and acting at every stage in relation to CVAs, administrations, and restructuring plans under Part 26A of the Companies Act 2006.

    Ryan edited the Meetings and Decision Making and International Insolvency chapters in the corporate insolvency volume of the current edition of Atkins Court Forms.

    Recent cases include:

    • Re PVE Capital LLP: Ryan acts for the liquidators of a hedge fund in relation to a disputed proof of debt with a quantum of over £2m.
    • Re Midland Acres Ltd: Ryan advised and conducted drafting in relation to a disputed proof of debt with a quantum of approximately US $14m in the Cayman Islands.
    • Re West Tower Management Limited: Ryan advised the recipient of a statutory demand for approximately £500,000 in relation to the supply of energy to a mixed-use tower block, carrying out drafting and assisting the alleged debtor successfully obtain an injunction restraining presentation of a winding up petition.
    • Advising and acting for the liquidator of a company which was dissolved due to inadvertence, before being erroneously restored into the wrong form of liquidation (thus preventing the liquidation from being closed).
  • Personal insolvency

    Personal insolvency

    Ryan has extensive experience of bankruptcy and personal insolvency matters, most often representing Trustees in Bankruptcy.  His caseload includes antecedent transactions, enforcement of bankrupts’ statutory obligations, and proceedings to realise assets in the bankruptcy estate – including issues of beneficial ownership and the equity of exoneration.  Ryan also represents bankrupts and interested parties in matters arising from personal insolvency, in which context his work acting for office-holders provides valuable strategic insight.  His practice encompasses advising debtors in relation to potential IVAs, as well as acting for creditors challenging IVAs.

    Ryan also advises in relation to cross-border bankruptcies, and is experienced in acting in relation to requests for assistance pursuant to s.426 of the Insolvency Act 1986.

    Recent cases include:

    • Miller v (1) Dix (2) Taylor: Ryan represented the respondent Trustees in Bankruptcy, successfully obtaining dismissal of the bankrupt’s applications as being totally without merit, together with an extended civil restraint order.
    • Slowikoska v Rogers [2021] EWHC 192 (Ch): Ryan represented the respondent in an application to set aside a statutory demand which turned on the construction of a penalty clause in a short term loan agreement.
    • (1) Cook and Needham (2) Iqbal v (1) HMRC (2) Official Receiver [2017] BPIR 1468: Ryan represented the Trustees in Bankruptcy in their application for suspension of the Bankrupt’s discharge, heard together with the Bankrupt’s application to annul the bankruptcy. Annulment was granted and a substantial costs order was made in the Trustees’ favour against HMRC.
    • Advising and acting for the Trustees under a South African sequestration order, seeking recognition and enforcement of that order in England.
• Professional liability
  • Financial professionals, insolvency professionals, directors & officers

    Financial professionals, insolvency professionals, directors & officers

    Ryan has experience of claims against accountants and financial advisers (including claims brought under the Financial Services and Markets Act 2000), as well as misfeasance claims against directors.  This experience includes allegations of: mis-sale of investment products, negligent advice relating to tax mitigation schemes, and negligent tax advice in relation to substantial transactions.

  • Legal professionals

    Legal professionals

    Ryan accepts instructions from both claimants and defendants in professional negligence cases, though he is predominantly instructed by insurers and their panel firms.  His experience includes claims against conveyancing solicitors (involving a range of property law issues), alleged negligence in litigation, quasi-legal advice from accountants, and applications for wasted costs.

    Recent cases include:

    • Drafting statements of case on behalf of insurers in a number of claims for loss of a chance arising from failed personal injury litigation.
    • Advising on merits and assisting in negotiating settlement in relation to a conveyance in which the purchasers had not been informed of a developer’s right to construct a bin store adjacent to the subject property.
    • Application for wasted costs against solicitors who had purported to act on behalf of a claimant who had lacked capacity to litigate or act as a witness at all material times.