Adam’s commercial practice includes the areas of commercial fraud, breach of contract, and professional negligence. He also regularly appears in commercial cases requiring urgent injunctive relief, including obtaining or resisting freezing orders, Norwich Pharmacal relief and general restrictive covenant work. Adam also accepts instructions for arbitrations in this jurisdiction and internationally.
Adam is called to the Bar of the British Virgin Islands and (pro tem) in St Kitts and Nevis, and practices commercial law in those jurisdictions.
Some of his more significant cases include:
- Re Corbin & King Limited King and others v Minor International PCL and others (2022): shareholders dispute in the Corbin & King restaurant group, owners of The Wolseley and other famous London restaurants. Adam acts for the founders of the group and minority shareholders against the majority shareholder/investors, the Thai-based Minor Hotels group.
- Arani et al v Cordic Group Ltd [2021] EWHC 829. Adam acts for the sellers in this £25m dispute arising from allegedly fraudulent warranties given on the sale of a taxi technology company. Adam’s clients successfully applied for summary judgment, heard over three days, with judgment handed down in April 2021, in which Adam’s clients gained judgment for £2million.
- Bell v Ivy Technology Ltd [2020] EWCA Civ 1563, an appeal to the Court of Appeal concerning the liability of Adam’s client as a disclosed principal in circumstances in which the contract appeared to exclude his liability. In Bell v Ivy Technology [2019] All ER (D) 78 (Sep), Adam successfully discharged the freezing order against his client
- Rollingson v Hollingsworth, Gasser, Laurus et al [2020] EWHC 3568. Adam acted for the defendants in a claim alleging unlawful conspiracy, breach of fiduciary duty and misuse of confidential information, and Adam successfully struck out elements of the claim.
- ESL Fuels Limited v Fletcher, Prema Energy et al (2020): Adam represented the Claimant in this multi-million pound claim for breach of contract and breach of confidence, arising out of a settlement agreement compromising previous litigation (in which Adam also successfully represented the Claimant – ESL Fuels Ltd v Stephen Fletcher & Anor [2013] EWHC 3726 (Ch)).
- Petroceltic Resources Limited et al v Archer [2018] EWHC 671: contested world-wide freezing order
- Outlook Asset Management LP v Capstone Corporate et al (2018): a claim in the BVI by an asset management group for damages and injunctive relief based on passing off. Adam represented the claimant in a strike out hearing based on jurisdiction in the Commercial Court in March 2018, and in the appeal to the Court of Appeal in the BVI in October 2018.
- Oro Agri International Limited v Vivagro Sarl: Adam was instructed in this multi-million pound commercial claim for breach of confidence and breach of contract
- Lewis v dotcom Solicitors [2017] EWCA 229, concerning terms of a partnership in a firm of solicitors.
- Michael Wilson & Partners Ltd v Sinclair [2017] 1 Lloyd’s Rep 136, CA and also [2017] BLR 125 and also [2015] CP Rep 45. A series of claims and applications in related litigation, in the High Court and Court of Appeal in which Adam appeared both on his own and led by Charles Samek KC, and in which Adam has appeared in the Court of Appeal three times, all successfully, since 2015.
- CH Trustees SA v Omega Services Group Ltd et al 2015 [BVIHC] 0037: Eastern Caribbean Supreme Court, Commercial Division. 5 day trial in July 2016. The claim was for relief for unfair prejudice, and for rectification of the company’s register, and was effectively a battle for control of a company group. Adam’s clients won, and Adam successfully responded to the appeal in the BVI Court of Appeal in July 2017.
- ARGC Ltd v Human Fertilisation & Embryology Authority [2016] EWHC 460. Adam, led by Pushpinder Saini KC, acted on behalf of the claimant (HFEA), and successfully obtained judgment and struck out a counterclaim valued at £25 million, which was upheld on appeal
- Honeyrose Bakery Ltd v Lola’s Kitchen et al [2015] EWHC 1856 (QB). Adam was instructed by the defendant in this commercial claim for breach of contract. Adam successfully struck out central part of claim, and the decision was upheld on appeal to the Court of Appeal (Honeyrose Bakery Ltd v Lola’s Kitchen Ltd (t/a Lola’s Cupcakes) [2016] EWCA Civ 1205).
- Munday & Munday v Hilburn & Fields [2015] BPIR 684: complex commercial litigation, involving allegations of dishonesty and fraud, and an appeal to High Court on novel points of bankruptcy law and abuse of process
- Jervis v Skinner [2011] UKPC 2 in which Adam successfully represented the respondent in an appeal to the Privy Council from the Court of Appeal in Bahamas concerning a profit share from the sale of land.
- Hopkin v Financial Security Assurance (UK) Ltd [2011] All ER (D) 142, in which Adam successfully represented the respondent in the Court of Appeal in a case concerning the construction of a share vesting agreement.
- Glentree v Holbeton [2011] 28 E.G. 74, in which Adam was instructed on behalf of the Defendant in a claim by an estate agency for fees pursuant to the sale of a substantial property. There were a number of interlocutory applications (for freezing orders and other matters) and the claim was originally a multi-party claim, but eventually fought as between claimant and defendant. Adam successfully defended the claim, in which it was held that the Claimant was not the effective cause of sale. Adam was thereafter successful (as respondent) in the Court of Appeal.