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Gideon Roseman

"Absolutely fantastic: he drills down into the detail very well, explains and advocates in a clear way - he's good on his feet, good at the paperwork, full of energy and liked by clients."
(Chambers UK 2017)

Gideon Roseman is a Chancery and commercial litigator. He advises in contentious and non-contentious partnership matters, representing both firms and LLPs as well as individual partners and members, including professional practices, such as solicitors, financial advisers and recruitment consultants and property developers. He has significant experience of high value and complex litigation in Court and arbitration. He is regularly instructed to attend mediations.

He has recently appeared as sole counsel in a number of successful appeals in the Court of Appeal in relation to both partnership and shareholder disputes.

He also specialises in commercial litigation, commercial fraud, insolvency, shareholders’ disputes, property litigation (domestic and international), professional negligence and wills and trust disputes. He has particular expertise in relation to worldwide and domestic freezing orders, as well as other interlocutory prohibitory and mandatory injunctions.

 

Practice Areas


Partnership

Gideon has significant experience dealing with all aspects of litigation and arbitration concerning traditional partnerships, LLPs and disputes between shareholders. He also advises on non-contentious issues, such as drafting partnership agreements and dealings with share capital, including reductions of share premium accounts.

He has particular experience in dealing with unfair prejudice petitions and derivative actions.

Reported Cases:

  • Muhammad v ARY Properties & Ors [2016] EWHC 1968 (Ch): Partnership and loan dispute.
  • Popat v Khawaja [2016] EWCA Civ 362: Successfully opposing an appeal of a committal order.
  • Otuo v Brierley [2016] EMLR 6: Defendant’s successful appeal in relation to a costs and debarring order.
  • Popat v Khawaja [2015] EWHC 2481 (Ch): Partnership and shareholder dispute, obtaining an prohibitory injunction to restrain the owner of the business from dealing with the same and obtaining a mandatory injunction for the Petitioner to take over the business on an interim basis.
  • Otuo v Brierley [2015] EWHC 1938 (Ch): Partnership dispute, dissolution agreement.
  • Otuo v Brierley [2014] EWCA Civ 1804: Successfully opposing the Claimant’s application for permission to appeal.
  • Otuo v Brierley [2014] Lexis Citation 27: Partnership dispute, 5 day hearing with live evidence for the Claimant to re-amend his pleading.
  • Otuo v Brierley [2013] EWHC 2869: Partnership dispute, 3 day hearing with live evidence in relation to the Claimant’s material non-disclosure and discharge of a freezing injunction.

Commercial Chancery

Shareholders’ Disputes / Unfair Prejudice Petitioners

Gideon has significant experience in dealing with section 994 disputes.

Reported Cases:

  • Eaton v Caulfield [2014] BCC 654: Unfair Prejudice Petition, Summary Judgment, Section 996 relief.

Commercial Fraud

Gideon has particular experience in advising and acting for companies and individuals in disputes concerning misappropriation of monies and assets.

Reported Cases:

  • Central Europe Business Development Ltd v Mena Ventures Limited and ors [2016] EWHC 3138 (Ch)
  • Central Europe Business Development Ltd v Mena Ventures Limited and ors [2016] EWHC 2480 (Ch)
  • Allied Irish Banks Plc v Nolan & Ors [2016]: Acting for the main defendants in relation to £9million claim pursuant to section 423 of the Insolvency Act 1986).
  • Deep Purple (Overseas) Limited & Ors v Rao & Ors [2015] Chancery Division: Acting for the companies which own intellectual property in rock group, Deep Purple, in a £4million claim against their former director
  • Central Europe Business Development Limited v MENA Ventures Limited & Ors [2015] Chancery Division: Acting for the Claimant in a claim against 4 defendants involving an advance fee fraud and a claim against Clyde & Co LLP in relation to their position as escrow agents. Successfully managed to strike out the entirety of the 4 defendants’ 40-page defence.
  • Bari & Ors v Alternative Finance Limited [2014] Lexis Citation 93: Acting for the Defendant director in relation to a claim concerning an Islamic investment scheme

Insolvency

Gideon has experience of dealing with insolvency disputes in relation to both corporate and personal insolvency.

Reported Cases:

  • Re Brake and others (trading as Stay in Style), Patley Wood Farm LLP v B rake [2017] 1 WLR 343
  • Re Stay in Style (A Firm) [2016] EWHC 1688 (Ch): Partnership administration application.
  • Re Stay in Style (A Firm) [2015] EWHC 1041 (Ch): Section 9 Arbitration Act 1996 application and application for Court appointed Administrator and Receiver.
  • Invokon Limited & Ors v Riley & Ors: Acting for 6 respondents in a claim brought the liquidators of two companies in relation to a failed tax avoidance scheme. The claims have been brought on the basis of fraudulent trading, transactions to defraud creditors and transactions at an undervalue.
  • Patley Wood (Farm) LLP v Brake & Brake: Acting for the LLP in its successful opposition to an application to set aside a statutory demand and the debtors entering into an IVA. Successfully obtained a bankruptcy order against both debtors after a full-days hearing, with live-evidence. Advising the LLP on all aspects of the winding up process of an insolvent partnership, the application of the Insolvent Partnerships Order 1994 and the interrelationship of the personal insolvency of the debtor partners and the winding up of the partnership.
  • Otuo v Brierley [2016]: Successful application for a prohibitory injunction to prevent the Claimant from bankrupting himself.

Interlocutory Applications

Gideon has a vast amount of experience in obtaining and resisting applications for interlocutory relief, principally in the Chancery Division. He has particular experience in dealing with applications for freezing and proprietary injunctions in complex high value multi-party litigation.

He has particular experience in dealing with pre-action applications in disputes involving arbitration clauses and associated issues concerning section 44(3) of the Arbitration Act 1996.

Recent Cases:

  • Acting for a large firm of solicitors in a claim for prohibitory and mandatory injunctions against a former partner for the deliver up of client files and the enforcement of non-compete and non-solicitation restrictive covenants.
  • Obtaining a £4million worldwide freezing and proprietary injunction against a director of 3 companies, his wife and another associated company.
  • Obtaining a £400,000 freezing injunction against a director and two associated companies notwithstanding the applicants’ years’ delay.
  • Obtaining a mandatory injunction to force a landlord of a commercial property to deliver up possession of the property.

Contempt of Court and Committal Applications

Gideon has expertise in relation to applications to commit people to prison for contempt of court, both at first instance and in the Court of Appeal, which compliments his expertise in obtaining interlocutory relief and ensures that the defendant or respondent in question is, effectively, forced to comply with court orders.

Gideon acted for the applicants in their committal application that was heard over 3 days and which resulted in the respondent being sentenced by the Honourable Mr Justice Newey to an immediate custodial sentence of 12 months by reason of her breaches of a freezing order, particularly in relation to her failure to comply with the disclosure provisions therein. The proceedings relate to the administrator of the parties’ late mother’s estate (the background to this matter is set out in Master Matthews’ Judgment – Kimyani v Sandhu [2017] EWHC 151 (Ch)).

Gideon acted for the applicants in their committal application, which resulted in the respondent being handed down a 3 month prison sentence by the Honourable Mr Justice Peter Smith, which was suspended for 12 months against the respondent, by reason of his breaches of a freezing order in the context of a partnership dispute, both in relation to dissipation of assets and the failure to comply with his disclosure obligations. Gideon appeared in Court of Appeal where the applicants successfully opposed the respondent’s appeal (Khawaja v Popat [2016] EWCA Civ 362).

 

Property

Property Litigation (Domestic & International)

Gideon has experience of dealing with a wide variety of disputes involving land, both domestically and internationally. He is frequently instructed to provide advice and appear in court in all areas of residential and commercial property.

Reported Cases:

  • Zas Ventures v Forkner [2016] EWCA Civ 1062
  • Muhammad and ors v ARY Properties Limited and ors [2016] EWHC 1698 (Ch)

Recent Cases:

  • Acting on behalf of thousands of individuals who purchased off-plan holiday apartments in Cyprus in relation to their claims against Cypriot banks, property developers, attorneys and sales agents. The combined value of these claims runs to many hundreds of millions.
  • Advising in relation to a claim to enforce a contingent charge and the ownership of a BVI company that owned properties in London.
  • Successfully obtaining a possession order in a claim involving issues concerning the Settled Land Act 1925, secret trusts, constructive trusts, laches, acquiescence and delay.
  • Successfully representing the freeholder of 8 properties in a claim involving an easement of parking over a private road. The freeholder obtained a declaration that the defendant had not acquired any easement to park by prescriptive use and an injunction to prevent her from using the land for this purpose.

Arbitration

Gideon has substantial experience acting on behalf of both firms and individuals in relation to all aspects of arbitral proceedings. He is frequently instructed to deal with urgent/emergency pre-arbitration applications, i.e. freezing injunctions and the enforcement of restrictive covenants. He was recently instructed by a corporate member of a traditional partnership who, following a successful arbitration, sought to place the partnership into administration; the administration application raised a plethora of novel issues in relation to the interrelationship between the Arbitration Act 1996, the Insolvency Act/Rules 1986 and the Partnership Act 1890 (Re Brake [2017] 1 WLR 343).

Private Client: Contentious

Gideon has experience in dealing with all aspects of litigation involving estates and trusts and claims made under the Inheritance (Provision for Family and Dependants) Act 1975.

Reported Cases:

  • Acting in a probate claim which involves issues of testamentary capacity and want of knowledge and approval (led by Eason Rajah QC).
  • Acting for the Claimants in a multi-million pound probate dispute involving issues of lack of capacity and knowledge and approval.
  • Advising in relation to payments into court involving Administrators and Trustees of Trusts and Estates.
  • Advising in relation to the construction of Wills and Trust Deeds in respect of clauses concerned with the payment of foreign taxes.
    He appeared in the High Court (Chancery Division) on behalf of the estate of George Best and was successful in obtaining an interim injunction to restrain the sale of various chattels at a Bonhams’ auction.
  • Acting for the surviving spouse in an Inheritance Act claim, raising issues of domicile, a polygamous marriage, breach of fiduciary duty and the equity of exoneration. There is also a separate claim against the estate concerning the matrimonial home, which raises issues of breach of fiduciary duty and the equity of exoneration.
  • Gideon appeared in the Principal Registry of Family Division (Probate) in a matter concerning the estate of the fashion designer Alexander McQueen.

Recommendations


“A lawyer who has deep knowledge of partnership law, and offers meticulous preparation and razor-sharp analysis. He’s very good with clients and determined not to lose.” “A robust and effective court advocate.”

Chambers UK 2018 - Partnership

“Draws praise for his approachability, practicality and responsiveness.” “A really hard worker with bucket-loads of passion: he’s good on his feet, good at the paperwork, full of energy and liked by clients.” “Absolutely fantastic: he drills down into the detail very well, explains and advocates in a clear way, and if the other side has got it wrong, he makes sure the judge knows it!”

Chambers UK 2017 - Partnership

“He has an impressive aura in court, and is respected by judges in the Chancery division”

Legal 500 2017

“Highly experienced at handling disputes generated within both traditional and limited liability partnerships in the legal, financial services and property sectors, acting for firms and individuals alike. Respected as a formidable courtroom opponent up to and including High Court level, he also appears regularly in arbitrations and mediations.”

Chambers UK 2016 - Partnership

“Hardworking and tenacious.”

Legal 500 2016

Qualifications


  • Bar Vocational Course (Outstanding), BPP Law School
  • LLM (First Class), Hughes Hall, Cambridge
  • LLB (Hons), University of Bristol

 

  • Inner Temple Prize for BVC performance [2007]
  • Exhibitioner, Inner Temple [2005]
  • Duke of Edinburgh Entrance Scholarship, Inner Temple [2005]
  • E.M. Burnett Prize, Hughes Hall, Cambridge [2005]
  • Highest First in Intellectual Property, University of Bristol [2004]
  • Blackstone Press Prize, University of Bristol [2002]

Appointments


  • Association of Partnership Practitioners (Sub-committee Member)

Associations & Memberships


  • Association of Partnership Practitioners
  • Chancery Bar Association

Speaking Engagements


Gideon has given talks to firms of solicitors and accountants (including Maurice Turnor Gardner, Fox Williams LLP, Addleshaw Goddard LLP and Smith and Williamson) on company, LLP and Partnership issues.

For more information and advice

Call: +44 (0)20 7405 0758

Email: clerks@tenoldsquare.com

Social links


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Gideon Roseman is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is registered with The Bar Standards Board [Bar Ref 53971] and is fully insured with the Bar Mutual Indemnity Fund [2360/067] to provide legal services, please refer to the BMIF website for full details of the world-wide cover provided. He is registered for VAT under the reference 984482375.

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