Caley Wright

Caley has extensive experience of all interlocutory matters, with particular experience of: issues surrounding challenges to jurisdiction; a wide range of applications relating to obtaining disclosure and privilege; applications concerning the use of document; and unless orders and other sanctions for non-compliance. He recently acted on Uralkali v Rowley, a claim against the administrators of a Formula 1 team in relation to the sale of the business out of administration, and is currently acting on a substantial MTIC fraud claim in the Chancery Division and on a challenge to a freezing injunction in the Commercial Court.

He has significant trial experience, acting as sole and junior Counsel in several multi-week trials in the Chancery Division and Commercial Court in recent years.

Caley undertakes a substantial amount of arbitration work involving a range of different arbitration rules and institutions. He has recently been acting on a substantial arbitration relating to an Eastern European energy company under the ICC Rules, an LCIA Arbitration relating to an international restaurant franchise and an LCIA Arbitration relating to an Eastern European theme park.

NOTABLE CASES

• PJSC Uralkali v Rowley & Anor [2020] EWHC 3442 (Ch)
• London Capital & Finance Plc & Ors v Thomson & Ors [2020] EWHC 2490 (Ch)
• Everest Alliance v Maslovskiy and others [2020] EWHC 2035 (Ch)
• In the Matter of London Oil & Gas Limited (in Administration) [2019] EWHC 3675 (Ch)
• Burnden Holdings v Fielding [2019] EWHC 1566 (Ch), [2019] EWHC 2995 (Ch)
• Cunico Resources v Daskalakis [2019] EWHC 57 (Comm); [2018] EWHC 3382 (Comm)
• Atlantica Holdings Inc v Samruk-Kaznya [2019] EWHC 319 (QB)
• JSC BTA Bank v Ablyazov (various)
• Udondem v Wallace LLP [2018] EWHC 2297 (QB)
• AMT Futures LTD v Boural and others [2018] EWHC 750 (Comm); [2018] 3 W.L.R. 358
• JEB Recoveries LLP v Binstock [2016] EWCA Civ 1008, [2017] C.P. Rep. 5
• MA Lloyd & Son Ltd (In Administration) v PPC International Ltd [2016] EWHC 2162 (QB)
• Chodiev v Stein [2015] EWHC 1428 (Comm), [2015] EWCA Civ 1256

Caley has acted in some of the largest civil fraud litigation in the English courts in recent years, most notably acting as junior Counsel for the Bank in the long-running JSC BTA Bank v Ablyazov. The case involved all manner of interlocutory applications including freezing injunctions, search orders, novel applications for disclosure, receivership orders and committal for contempt of court.

He has also acted both as sole Counsel and as a junior in numerous substantial civil fraud matters including the ongoing litigation arising out of the administration of London Capital & Finance plc, the “mini-bond scandal”, and a fraud claim relating to the collapse of JD Classics, a renowned classic car business.

Caley is a contributor to Civil Fraud: Law, Practice and Procedure, a leading text on Civil Fraud.

NOTABLE CASES

• London Capital & Finance Plc & Ors v Thomson & Ors [2020] EWHC 2490 (Ch)
• Everest Alliance v Maslovskiy and others [2020] EWHC 2035 (Ch)
• Transworld Payment Solutions (UK) Limited v Deuss [2020] EWHC 115 (Ch)
• In the Matter of London Oil & Gas Limited (in Administration) [2019] EWHC 3675 (Ch)
• Burnden Holdings v Fielding [2019] EWHC 1566 (Ch), [2019] EWHC 2995 (Ch)
• Cunico Resources v Daskalakis [2019] EWHC 57 (Comm); [2018] EWHC 3382 (Comm)
• JSC BTA Bank v Ablyazov:
  ​
  • [2018] EWCA Civ 1176 (appeal from s.423 claim)
  • [2016] EWHC 3071 (trial of a claim under s.423 of the Insolvency Act)
  • [2016] EWHC 2606 (Ch) (use of documents obtained pursuant to search orders)
  • [2015] EWHC 3871 (Comm) (use of funds subject to freezing injunction for legal fees)
  • [2013] EWHC 2772 (Comm) (application to reverse transaction effected in breach of freezing and receivership orders)
  • [2012] EWCA Civ 1411; [2013] 1 W.L.R. 1331; [2013] 2 All E.R. 515; Times, January 8, 2013 (Court of Appeal’s dismissal of appeal from committal order)
  • [2012] EWHC 455 (Comm) (unless order requiring contemnor to attend the tipstaff)
  • [2012] EWHC 237 (Comm) (committal trial of Mr Ablyazov)
  • [2011] EWHC 2163 (Ch); [2013] Ch 1, [2012] 3 W.L.R. 559, [2011] C.P. Rep. 46 (disclosure order made against defendant’s former solicitors)
• Nest Investment Holding Lebanon SAL & others v Deloitte and Touche (M.E.) & Joseph El Fadl (CFI-027-2016)
• Chodiev v Stein [2015] EWHC 1428 (Comm), [2015] EWCA Civ 1256

Caley acts in a wide range of contentious company and related matters, including shareholder disputes, ‘split board’ cases and petitions under s.994 of the Companies Act, He has a particular interest in company valuation, and has been involved in a number of ‘take private’ cases emanating from the Cayman Islands merger regime. He was instructed on Burnden Holdings v Fielding, a leading case on the payment of dividends, and on Everest Alliance v Maslovskiy, a dispute between the shareholders and board of Petropavlovsk, one of the world’s largest gold-mining companies with operations in Siberia.

NOTABLE CASES

• Burnden Holdings v Fielding [2019] EWHC 1566 (Ch), [2019] EWHC 2995 (Ch) –
• Nest Investment Holding Lebanon SAL & others v Deloitte and Touche (M.E.) & Joseph El Fadl (CFI-027-2016)
• Patel v Ferdinand, Re Shires Defence Solicitors:
  • [2016] EWHC 2362 (Ch) (costs and consequential matters from trial)
  • [2016] EWHC 1524 (Ch) (trial of s.994 petition)
• MA Lloyd & Son Ltd (In Administration) v PPC International Ltd [2016] EWHC 2162

Caley acts in all manner of contentious insolvency disputes including acting for or against office holders in Insolvency Act claims. He has recently acted on Burnden Holdings v Fieldings¸ a substantial insolvency case in the Chancery Division and is currently instructed on Transworld Payment Solutions (UK) Limited, a claim for in excess of £200 million against individuals and institutions involved in MTIC fraud, which has already given rise to a leading decision on applications for public examination. He acts for two of the principal defendants in the claim brought by the administrators of London Capital & Finance, a £180 million fraudulent trading claim.

NOTABLE CASES

• The Official Receiver v Deuss [2021] EWHC 1842 (Ch)
• The Official Receiver v Deuss & Ors [2020] EWHC 3441 (Ch)
• London Capital & Finance Plc & Ors v Thomson & Ors [2020] EWHC 2490 (Ch)
• Transworld Payment Solutions (UK) Limited v Deuss [2020] EWHC 115 (Ch)
• In the Matter of London Oil & Gas Limited (in Administration) [2019] EWHC 3675 (Ch)
• Burnden Holdings v Fielding [2019] EWHC 1566 (Ch), [2019] EWHC 2995 (Ch)
• Toone and Murphy v Robbins and Robbins [2018] EWHC 569 (Ch)
• Insol Funding Co Ltd v Cowlam [2017] EWHC 1822 (Ch)