42BR Barristers - Christopher McCarthy

Christopher McCarthy

Call 2013 (British Virgin Islands 2023)
Telephone 020 7831 0222 | Email [email protected]

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Christopher McCarthy

Call 2013 (British Virgin Islands 2023)
Telephone 020 7831 0222 | Email [email protected]

Profile Privacy Notice vCard

Christopher is a commercial disputes barrister with experience in substantial domestic and cross-border matters. His work spans commercial litigation, civil fraud and asset recovery, trusts, shareholder disputes, insolvency-related claims, and the enforcement of judgments and arbitral awards.

He recently spent 2.5 years as a Senior Associate at Carey Olsen, a leading offshore law firm, in the British Virgin Islands, acting in Commercial Division proceedings involving civil fraud, trusts, shareholder disputes, insolvency claims, freezing and other injunctive relief, Norwich Pharmacal relief, and cross-border judgment and arbitration enforcement.

During his time at Carey Olsen, Christopher was closely involved in drafting pleadings, skeleton arguments, interim applications and evidence, as well as day-to-day case management. He worked closely with partners and leading counsel, with regular involvement in strategy and hearings, including interlocutory applications and appeals.

Before moving offshore, he practised at the Bar in London building a broad commercial, property, and aviation practice, appearing in court or tribunals regularly.

He is known for getting quickly to the core issues and providing clear, practical advice. He is well placed to assist with:

  • Civil fraud, asset recovery, and interim remedies, including freezing and disclosure applications
  • Enforcement of judgments and arbitral awards, including jurisdiction, forum, and service issues
  • Shareholder, company, and partnership disputes
  • Trusts and beneficial ownership disputes, including offshore structures
  • Insolvency and restructuring claims, particularly avoidance claims
  • Contractual claims, including contractual interpretation
  • Property disputes, including mortgages, fraudulent transfers, restrictive covenants, and landlord and tenant issues

 

Commercial and Chancery Litigation

Christopher acts in domestic and cross-border commercial litigation, including civil fraud, asset recovery, trusts, shareholder disputes, insolvency related claims, and enforcement work. His recent offshore practice includes working as part of a team in high stakes matters involving Eastern Europe, the Middle East and the Far East, often working alongside onshore firms, counsel, and other international firms.

Recent Cases:

  • High value arbitration recognition and enforcement (US$1bn+): acting in proceedings involving jurisdictional issues spanning the Middle East, including DIFC, with related civil fraud, trusts and beneficial ownership issues. As part of the Carey Olsen team, Christopher was involved in the day-to-day conduct of the matter, including drafting pleadings, skeleton arguments, applications and evidence, supporting strategy with partners, and attending hearings. He appeared on a key procedural application and appeal concerning charging orders and service abroad.
  • Civil fraud, trust and unlawful means conspiracy (alleged US$100m+): acting for the Second and Third Defendants in major litigation involving Ukrainian businesses, including strike-out, trustee de son tort issues, and anti-suit injunctions. Christopher worked on case strategy, drafting of various applications, and day-to-day management with the Carey Olsen and counsel teams.
  • Judgment enforcement and worldwide freezing order preparations (AED 700m): acting as part of the Carey Olsen team for a judgment creditor in BVI recognition and enforcement proceedings, including substantial work on pleadings and an application for worldwide freezing relief.
  • Contempt proceedings concerning misuse of freezing order disclosure: acting as part of the Carey Olsen team in contempt proceedings connected to a Ukrainian bank debt claim.
  • Norwich Pharmacal relief: successfully obtained disclosure, leading to evidence of fraudulent share transfers in a company with interests in Mongolian mining assets.
  • Statutory demand set aside (US$3m): successfully appeared in Waterfront Property Investments Ltd v Arius Litigation Funding LLC (BVIHCOM2023/0192), setting aside a statutory demand in favour of a Dubai arbitration.
  • Insolvency avoidance claims: acting for the trustee in bankruptcy in avoiding a deed of trust transferring a substantial residential property.
  • Shareholder Disputes: acting for a company director and minority shareholder in an unfair prejudice petition in relation to the management of a family medical products company
  • Commercial and performance bonds dispute: junior counsel in a liability and performance bond claim arising out of a Liberian heavy industry project (Caterpillar Motoren GmbH v Mutual Benefits Assurance Company [2015] EWHC 2304 (Comm)).
  • Unlawful means conspiracy: acting for a distributor in an unlawful means conspiracy claim against the Financial Times.
  • Claims under the Hotel Proprietors Act: successfully acting as sole counsel in Anande v Firoka (King’s Cross) Ltd [2018] EWHC 3679 (QB) recovering substantial damages for stolen property, and (before moving offshore) in Pouloglou v Hilton Hotels (UK) Ltd, acting for the claimant in an approximately £450,000 claim for damages.

Property Law

Christopher has longstanding experience in property litigation, including landlord and tenant, lease enfranchisement, real property disputes, and cases involving mortgages, fraud, title rectification, restrictive covenants, possession, and related injunctive relief. He has acted for individuals, businesses, and institutional parties, and is comfortable with urgent or interlocutory applications and trials.

Recent Cases:

  • Fraudulent property transfer and Land Registry indemnity: Dhillon v Barclays Bank Plc & Chief Land Registrar [2019] EWHC 475 (Ch), acting as sole counsel for the claimant in a claim involving fraudulent transfer of title of a substantial London property, the HM Land Registry indemnity scheme, and vesting orders.
  • Landlord and tenant, possession: Jarvis v Evans (Shelter Cymru) [2020] EWCA Civ 854, securing, with Sarah Salmon, a landmark ruling on unlicensed landlords’ ability to obtain possession.
  • Restrictive covenants and contempt: acting as part of the Carey Olsen team in a dispute concerning interpretation and transmissibility of restrictive covenants, with associated contempt proceedings.
  • Beneficial ownership disputes: acting for successful claimant in a TOLATA claim relating to the ownership of a £1.3m London property
  • Injunction in solvent winding up affecting real property assets: successfully obtained injunctive relief to prevent continuation of a solvent winding up of a charitable company owning a prominent football ground in East London.
  • Service charge schemes: acting for the freeholder of 42 mews cottages in the proper interpretation of the lease provisions concerning service charge resulting in a favourable judgment for the freeholder; and acting as sole counsel for the freeholder in tribunal s.20 dispensation claims relating to 360 property owners.
  • Breach of covenant claims:
     acting for the successful long-leasee in proceedings across multiple forums brought by the freeholder for breach of covenant and forfeiture

Direct Access

Christopher is authorised to accept instructions directly from members of the public, particularly company directors, general counsel, investors and property owners. He encourages prospective clients to contact Chambers to discuss whether Public Access is suitable for their matter. In appropriate cases, he can provide advice, written work, and representation at court.

Areas of Expertise

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