Gabriel Buttimore
Call 1993
Telephone 020 7831 0222 | Email [email protected]
Gabriel Buttimore
Call 1993
Telephone 020 7831 0222 | Email [email protected]
Gabriel Buttimore practice comprises extensive High Court experience in commercial litigation, shareholder disputes, partnership & LLP disputes, trusts, probate, property litigation and professional negligence.
Business Law
Gabriel Buttimore regularly appears in the High Court and, in addition to dealing with standard commercial, business and company/shareholder disputes, has been involved in numerous cases involving fraud, deceit and conspiracy. His experience also extends to professional negligence in relevant fields.
Recent Cases
Chambi v Aristodemou [2024] EWHC 1610 (Ch): acting for petitioner leading to a 5 day preliminary issue trial as to locus to bring CA 2006 S.994 unfair prejudice proceedings. Issue determined in the petitioner’s favour and proceedings still ongoing.
M v M (2024): acting for intervenors in financial remedies proceedings in respect of a claim to a beneficial interest in £7.5m of shares held by the husband leading to an 11 day trial in 2024. Issue determined in wife’s favour; permission to appeal pending.
Bahia v Sidhu Chancery Division (ongoing) - (Bahia v Sidhu Chancery Division [2022] EWHC 875 (Ch)) : Property partnership dispute in relation to £10m+ property portfolio involving significant issues of property, trust and partnership law. Trial of main inquiries (report reference above) took place over several weeks in 2022 and the dispute is ongoing.
Lauralu v Bodypower (2024): business dispute relating to the provision of 4 temporary warehouses, misrepresentation and their suitability and fitness for purpose
Witz Co LLC v Truell [2023] EWHC 2877 (Comm): successfully acting for claimant in a commercial dispute relating to a contract for a difference and its proper construction.
Re XYZ Ltd (2023): advising on complex company law issues relating to breaches of company law promotion restrictions, breaches of its articles in relation to the allotment of shares and advising and on appropriate steps to resolve those issues and convert to a plc.
Xx v xx (2023): LLP partnership dispute and S.994 Companies Act 2006 proceedings in relation to a solicitors’ firm (eventually compromised)
Richardson v Yousef and Southeby Ltd (2023): Acting for the claimant in a claim in deceit and conspiracy in relation to a company share sale. The claim settled during the course of the trial.
Raja v McMillan Court - (Raja v McMillan Chancery Division [2020] EWHC 951 (Ch)): acting for the claimant in a claim in conspiracy and deceit against the defendant arising out of a property sale. Report references above are to the defendant’s unsuccessful application for summary judgment and subsequent appeal which raised important issue of law in relation to intention and conspiracy and whether one-man companies can conspire with the company. The Court of Appeal determined these were all matters for trial which was due to take place in 2024. The case has now settled.
Premier Exports (2017-2023): complex multiparty commercial litigation initiated by a claim against former company directors for breach of fiduciary duty. Case has now settled.
Refined (UK) Ltd v Gordon Chancery Division [2020] 12 WLUK 637 & Refined London Ltd v Gordon Chancery Division [2021] EWHC 1915 (Ch) 14 Jul 2021): acting for the defendant in a £10m+ claim brought by the liquidators who alleged the he (along with other defendants) perpetrated a series of frauds whilst a director. The case references above are to reports of interlocutory hearing. The proceedings were subsequently compromised.
DSC Metropolitan v Etwell (2022): acting for specialist accounts in a claim for recovery of substantial fees arising out of a COP9 tax investigation.
McGann v Bisping, Queen's Bench Division [2021] EWHC 704 (QB) 24 Mar 2021: acting for the defendant, a former MMA fighter, in long running proceedings brought by his agent. The report reference above is to a successful application by the defendant to strike out the balance of the claim on the basis the relevant right of action had previously vested in the trustee in bankruptcy.
Satyam Enterprises Ltd v Burton [2021] EWCA Civ 287: acting for the claimant in a claim against former its director for breach of fiduciary duty. The case reference above is to a successful appeal to the Court of Appeal following the dismissal of the claim at the first trial.
Lawrence Brown v Hatcher [2021]: acting for the claimant in a claim in deceit between a former couple where claimant alleged that the defendant had procured that various properties and other assets had been given to her on the basis that she said she had terminal cancer.
Property Law
Gabriel Buttimore has considerable experience in all areas of property law, from easements to mortgages to property fraud and consequential issues of professional negligence.
Recent Cases
Tramperly v various: acting for the claimant in a professional negligence claim in relation to multiple property identity frauds, seeking relief against persons unknown and Norwich Pharmacal/Bankers Trust relief
TKC Housing Ltd v Magic Living (2024): acting for the defendant in a claim based on an oral right of pre-emption in respect of the long lease of a building.
LVN v Hamilton Downing & Quin (ongoing): £2m+ professional negligence claim against vendor’s solicitor arising out of a (failed) purchase of property from an offshore company which had the same name as the owner registered at the Land Registry but was registered in a different jurisdiction.
Bahia v Sidhu Chancery Division [2022] EWHC 875 (Ch): instructed on behalf of the claimant in a property partnership dispute in relation to £10m+ property portfolio involving significant issues of property, trust and partnership law. Trial of main inquiries took place over several weeks in 2022 (report reference above) and the dispute is ongoing.
Re XX (2023): Advising on property identity fraud which resulted in the sale of a client’s property without his knowledge.
East Marsh Regeneration Ltd v Ogedengbe (ongoing): (report on interlocutory application within an unsuccessful appeal: Ogedengbe v East Marsh Regeneration Ltd [2021] EWHC 3630 (QB) 19 Nov 202): Property JVA dispute. Acting for the claimant who provided funding for joint venture and paid off the defendant’s bridging loan. Summary judgment obtained in relation to claim for subrogation which was the subject of an unsuccessful appeal. Proceedings ongoing in relation to a claim in fraud/deceit.
Fraine v Foy Chancery Division (2021): (report on interlocutory hearing: Fraine v Foy Chancery Division [2021] EWHC 2302 (Ch)): Acting for the claimant in the successful enforcement of his equitable charge against the defendant who alleged fraud and forgery.
Mahdavi v Sterling Avram and others (2018-2021): acting for one of the defendants (a firm of solicitors) in a professional negligence claim arising out of a £10m property identity fraud.
Medwell v Howarth and others (2021): successfully defending claim at trial in relation to boundary and access issues over a tract of land near Stansted Airport.
Emmanuel v Avison [2020] EWHC 1696 (Ch): acting for the claimant in seeking a negative declaration in relation to a charge secured against her property on the basis of the document being a fraud and forgery. Claim failed on the basis of the application of the burden of proof. Reference above is to the unsuccessful appeal hearing against that decision. The Court determined that it was for the claimant, as instigator of the claim, to establish that the fraud had taken place and not for the defendant to establish that the Claimant had executed the relevant documents.
Alade v Mayer, Chancery Division [2020] EWHC 1736 (Ch): acting for the claimant in relation to an order for sale following obtaining a charging order. Report reference above is to an unsuccessful applicant to, amongst other things, discharge the underlying charging orders (which failed).
Direct Access
Gabriel Buttimore is authorised to accept instructions direct from members of the public.
In suitable cases, Gabriel Buttimore can provide client conferences, written advices and representation at court.
