Aida Vyšniauskaite Senior Associate - Dispute Resolution, Family Law and Private Client

Acting for the Claimant in a claim for damages against the guarantor of numerous loans. The claim arises from the biggest ponzi fraud in South African history. The claim will proceed to trial in 2015.

Acting for the Claimant, a shareholder in Partridge Fine Arts, in his successful claim for damages against guarantors who had guaranteed the acquisition of shares when Partridge was taken over. The claim concerned complicated issues of law including promissory estoppel, waiver, forbearance and the successful appeal of the decision of the District Judge to withdraw his Judgment.

Acting for one of the Defendants in perhaps the single largest claim in the English Courts in excess of US$4 billion and featured as a Top 20 case of 2011 in The Lawyer. There are nine sets of proceedings and the firm was instructed in respect of the AAA proceedings which concern an alleged fraudulent transaction against BTA Bank. The issues included freezing and search orders and other applications in the Chancery Division and Commercial Court.

Acting for the Claimant who successfully obtained Judgment for just over $4,000,000 in an action concerning Lehmann Brothers Medium Term Basket Note with a face value of US$7,000,000. It is believed that this is the first reported decision in which the High Court has considered the legal nature of a securities purchase agreement. The case also concerned issues of an agent’s liability under a contract in the context of securities trading.

Acting for a successful Claimant seeking return of a deposit for property purchase at auction on the basis of misrepresentation, implied covenants to title and vacant possession. The Defendant was refused permission to appeal at a fully argued permission hearing. Lloyd L. J. ruled that the common auction conditions did not exclude ability for positive misrepresentations. He also held that there was no reason why a Court could not award enhanced interest on costs under Part 36 where the receiving party was funded by a CFA.

A successful interim application for the disclosure of information about assets which are or may be the subject of an application for a freezing injunction.

Insolvency Act 1986 section 423. Leave of the Court was not required to continue proceedings in which an order to set aside a transaction at an undervalue had been applied for before the debtor’s insolvency.