Call: 1999    
Adrian Pay  

"An excellent junior who provides considered, robust advice."

Company - Legal 500 2019

+44 (0) 20 7419 8000

Practice Overview


Adrian is a tenacious chancery litigator who excels in the exhaustive preparation and clear presentation of complex cases. Clients comment "He is excellent on the detail, very reliable and committed to the client." (Chambers Global Commercial Dispute Resolution) and "he is very measured in court, but packs an unexpected bite which is very effective" (Chambers UK Bar, Commercial Chancery).

 

Adrian's practice covers all aspects of modern chancery, including commercial fraud, company and insolvency and contractual disputes.

 

Recent high profile cases include:

  • Caldero v Beppler & Jacobson Ltd [2013] EWHC 2191 (Ch), [2014] EWCA Civ 935 (led by Robin Hollington QC - acting for the successful petitioner in a shareholders' dispute over two prestigious hotels in Montenegro); -
  • Weavering Macro Fixed Income Fund Limited (in liquidation) (instructed with James Thom QC and Anna Littler - a claim against auditors arising out of the collapse of a Cayman fund following a large-scale fraud by the fund's founder); and
  • Re Dragon Capital Ltd (BVI HC (Com) 2014/0171) (led by Robin Hollington QC - an unfair prejudice claim concerning a large Vietnamese investment fund).

 

Adrian also has an extensive property litigation practice. He appeared for the successful party, leading Thomas Fletcher in the Supreme Court in R (TRF) v Tilbury Dorset CC [2015] UKSC 18.

 

  • Commercial Litigation
    • Adrian’s practice comprises in large part, high-value commercial litigation, litigated in the High Court in this jurisdiction and offshore: (e.g., Caldero v Beppler & Jacobson Ltd [2013] EWHC 2191 (Ch), [2014] EWCA Civ 935, Weavering Macro Fixed Income Fund Limited (in liquidation) (Cayman Islands) and Re Dragon Capital Ltd (BVI HC (Com) 2014/0171) (see above)). He is instructed in commercial fraud cases (e.g. Weavering Macro Fixed Income Fund Limited (in liquidation)).

       

      Adrian has expertise in many aspects of modern commercial litigation (e.g. large-scale e-discovery exercises, asset preservation interim relief, computer forensic evidence, conflict of laws, acting in foreign jurisdictions).

       

      Recent directory acknowledgements include:

      "Totally on top of the material, and you can have complete confidence in the drafts he produces."  Chancery: Commercial - Chambers UK Bar 2017

      "He is one of the most diligent counsel that I've worked with and he's very good at homing in on the detail of a case."  Chancery: Commercial - Chambers UK Bar 2016

       

  • Company
    • Adrian has wide experience in company matters, with particular expertise in shareholders' disputes (e.g. Caldero v Beppler & Jacobson Ltd [2013] EWHC 2191 (Ch), [2014] EWCA Civ 935, a high-profile shareholders’ dispute, over two prestigious hotels in Montenegro; Re Dragon Capital Ltd (BVI HC (Com) 2014/0171), an unfair prejudice claim concerning a large Vietnamese investment fund). He is also instructed in, for example, claims against directors and disputes relating to share sale agreements.

       

      "He can be relied upon to provide incisive advice and presents his arguments very well." Company - Legal 500 2017

       

  • Insolvency
    • Adrian is instructed in insolvency matters, for example, claims against directors and claims to set aside transactions in an insolvency context.

       

  • Offshore
    • Adrian acts both in cases litigated in foreign jurisdictions (e.g. the British Virgin Islands - Re Dragon Capital Ltd (BVI HC (Com) 2014/0171), the Cayman Islands - Weavering Macro Fixed Income Fund Limited (in liquidation)) and in cases litigated in this jurisdiction with an foreign element (e.g. Caldero v Beppler & Jacobson Ltd [2013] EWHC 2191 (Ch), [2014] EWCA Civ 935, a petition involving hotels in Montenegro, against a Russian respondent), TOC Investments Ltd v Beppler & Jacobson Limited [2016] EWHC 20 (Ch), related proceedings, in which Adrian, led by Robin Hollington QC, are instructed by a subsidiary of the former TNK-BP, the Anglo-Russian oil venture).

       

      Adrian has been called to the bar of the British Virgin Islands.

       

  • Property
    • Adrian is recommended as a leading individual for property litigation, being "able to present complex intellectual arguements in a very clear manner, both on paper and in court" (Legal 500 2016) and "a well-regarded barrister with a broad property litigation practice" and one who "who covers all the angles" (Legal 500).

       

      The property work which Adrian undertakes includes disputes in relation to property developments (e.g. Buxton Country Homes Limited v Surfbuild Limited [2008] EWHC 1475 (Ch) (led by James Thom QC)); matters arising out of defective conveyancing; boundary disputes; rights of way disputes; claims based on proprietary estoppel / constructive trusts; commercial landlord and tenant.

       

      Adrian appeared for the successful parties in a series of important cases relating to solicitors' undertakings in conveyancing transactions:

      • Angel Solicitors (A Firm) v Jenkins O'Dowd & Barth (A Firm) [2009] 1 WLR 1220
      • Clark & another v Lucas Solicitors LLP [2010] 2 All ER 955
      • Thames Valley Housing Association Limited & Others v Elegant Homes (Guernsey) Limited and Others [2009] EWHC 2647 (Ch).

       

       

      Public Rights of Way

      Adrian frequently acts in relation to public rights of way issues, cases include:

      •  Kind v Northumberland County Council [2013] 1 WLR 743
      • TRF v Powys CC [2013] EWHC 3144 (Admin)
      • TRF v Peak District National Park Authority [2012] EWHC 3359 (Admin)
      • Wilson v Yorkshire Dale National Park Authority [2009] EWHC 1425 (Admin)

       

      Adrian appeared for the successful party in the Supreme Court in R (TRF) v Tilbury Dorset CC [2015] UKSC 18 (against George Laurence QC), having 'presented his arguments very well' according to Lord Neuberger's judgment.

       

  • Additional Information

Cases



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