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Dominic Holden

Partner, Head of Litigation  London Office

Background & experience

Dominic’s experience covers a broad range of commercial disputes for businesses and individuals. His cases are often complex involving multiple parties and a cross-border element. He has a depth of experience in both litigation (mainly conducted in the High Court) and arbitration.

He has expertise in fraud, breach of trust, professional negligence, director, shareholder and partnership disputes and contentious insolvency matters.

He further advises on how to prevent and respond to a cyber security incident and continues to develop a niche practice in art and collectibles disputes.

Recent Experience

Dominic has recently worked on the following cases:-

Cyber Security

  • Ras Al Khaimah Investment Authority -v- Farhad Azima. Acting for the Defendant / Counterclaimant and Appellant in defending claims made by a sovereign wealth fund and advancing a $16m counterclaim involving alleged, fraud, state hacking, conspiracy and human rights abuses.
  • Advised a well-known catering company in relation to their rights, remedies and reporting obligations following a malicious breach of their email system whereby the malicious entity circulated confidential information and disparaging comments to members of staff which (in part) led to threatened Trade Union action.

Fraud

  • Acting for a fintech client in relation to their claims against a payment aggregator. Obtaining an emergency worldwide freezing order, proprietary injunction and disclosure orders concerning the misappropriation of a substantial sum.
  • Substantial fraud claim against a rogue builder following his gross over-charging of an elderly client. An emergency freezing order, proprietary injunction, third party disclosure order and an order for the delivery up of a number of high value vehicles obtained. He further assisted the police and the Crown Prosecution Service to bring a successful criminal prosecution against the rogue builder.
  • Successfully defended a fraudulent attempt to obtain adverse possession of land and obtained judgment that the documents later relied on in enforcement proceedings were a sham.

Breach of contract / negligence

  • £3m claim in the Commercial Court for a declaration regarding the meaning and effect of a deferred consideration clause in a share purchase agreement for a large company in the oil and gas industry.
  • Advised in relation to a £22m dispute arising from the client's need to renew / extend their existing software licenses.
  • Insurance broker’s negligence claim for the loss arising from the broker’s failure to complete the client’s proposal forms correctly.
  • Advised in relation to a claim against a financial adviser for placing the client into a number of film partnerships and in relation to HMRC's claims for unpaid tax. The case involved complicated issues relating to tax, limitation periods and the rights and remedies of a sophisticated investor.

Arbitration

  • £18m international arbitration concerning the illegal termination of a whistleblower’s employment at an international advisory firm.

Company Claims / Insolvency

  • Successfully defending the aggressive takeover of a fintech firm in relation to a £3m (alleged) debt. Emergency injunction obtained as well as a finding of abuse of process and the dismissal of the claim with indemnity costs.
  • Acted for a shareholder and co-director of a deadlocked company in Belize in relation to his claim that the English assets of the company had been sold by the other shareholder without his authority / consent.
  • Acted for a director and shareholder in relation to (serious) breaches of his restrictive covenants and director's duties after starting up in competition.
  • Advised one of the partners in a private equity firm in relation to a dispute arising from his other partners receiving a priority share of distributable profits without his consent.
  • Advised a well-known jeweler in relation to an application for an injunction to protect the use of its name by a competitor.

Banking claims

  • Advised an Indian bank in relation to allegations made by two UK banks arising from a refusal to perform a £15m stand-by letter of credit. The case involved complex issues relating to conflict of laws and jurisdiction.
  • Advised a foreign government on the loss suffered by entering into a EUR 50m swap agreement with a major UK bank.

Rent Arrears

  • Defended a number of inter-connected, multi-national companies against demands made for £2m of rent arrears.

Breach of Trust

  • £800k breach of trust claim against a number of rogue trustees (and a well-known UK Bank) for misappropriation of charitable funds and a professional negligence claim against the firm of solicitors involved in the transaction.

Art and Collectibles

  • Advised in relation to competing claims to own a valuable vintage racing car worth approximately £10m. The case involved issues of provenance which required a detailed exercise to prove the client's title to the vehicle.
  • Acted for the buyer in relation to a misrepresentation claim against the vendor (and intermediary) following the sale of a fake Lowry painting.
  • Acted for a well-known London gallery in relation to the recovery of a valuable (£2m) painting and the client's rights and remedies under a retention of title clause.

Regulatory claims

  • Acted for a regulator in relation to disciplinary proceedings brought against a City professional (for serious misconduct) concerning the professional’s involvement in a fraudulent business.
  • Advising a foreign bank in relation to the threatened withdrawal of their FCA licenses.
 
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