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Dominic Holden

Partner, Head of Litigation  London Office

Background & experience

Dominic heads up the firm’s commercial litigation team. His experience covers a broad range of commercial disputes for businesses and high net worth individuals. His cases are frequently complex, document heavy and involve multiple parties as well as a cross-border element and the need for emergency relief (e.g. freezing orders).

He specialises in substantial civil fraud claims (notably data / computer hacking claims) and complicated multi-national, enforcement and asset tracing work. He also advises on breach of trust, professional negligence, director, shareholder and partnership disputes and contentious insolvency matters.

He continues to develop a niche practice in art and collectibles disputes.

Expertise

Dominic has recently worked on the following cases:-

Cyber Security / breach of privacy

  • 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 and emergency relief

  • 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 contractor 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 contractor.
  • 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

  • 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 substantial 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 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

  • International arbitration concerning the illegal termination of a whistleblower’s employment at a well-known international advisory firm.

Company Claims / Insolvency

  • Successfully defending the aggressive takeover of a fintech firm. 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 jeweller 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 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 swap agreement with a major UK bank.

Rent Arrears

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

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. 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 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.

    Testimonials

    “For over four years Dominic has dedicated his vision, time and energy to get me justice. His ability to put together a global dream team and keep them together is a testament to his loyalty, people skills and professionalism.” (Farhad Azima, businessman and entrepreneur)

    “I recommend Dominic…in the field of assets tracing and fraud investigations. Dominic assisted in the High Court of Justice Queens Bench Division in the complicated case concerning fraud claim in fintech area. Thanks to him the client achieved the return of their funds within two months, that was fantastic result.” (Arseniy Herasymiv, Attorney at law)

    “Dominic has been a great resource for our clients with complicated legal matters.

    Dominic is top of our list when considering who to ask for help with corporate or personal litigation matters. He is always willing to give his time to hear out the problem and give practical advice about whether to enter into a legal footing and then what routes to take if the client chooses that option.

    Highly recommended.” (Gary Green, Key Business Consultants LLP)

     
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