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Gary Lidington has a wide-ranging commercial practice including sale of goods and services, civil fraud, banking and finance, energy and natural resources, company law and insolvency, professional negligence and property litigation. His work covers all aspects of commercial litigation in the English courts, international arbitration in a range of forums such as the ICC and LCIA and he has a particular interest in multi-jurisdictional disputes. He is described as: ‘A brilliant all-rounder, whose ability to find a workable commercial solution is amazing.' (Legal 500 2017), ‘Analysis is excellent and he has persuasive command of the material.’ (Chambers & Partners UK 2016), and ‘Definitely one to watch.' (Legal 500 2015).
Experience and Expertise
Gary’s approach is client-focused and results-oriented. His aim at all times is to achieve a successful outcome for his clients by combining astute commercial advice with robust advocacy. He is equally comfortable working in a part of a large team or as sole Counsel. He has carved out a reputation for turning around cases in which he has been introduced at later stages of the litigation.
Commercial litigation: Gary has a broad commercial litigation practice including disputes relating to the sale and supply of goods and services, civil fraud (including the tracing of assets), franchising and technology disputes, both in the English Courts and in international arbitration.
Banking and finance: Gary’s expertise covers a range of technical, trading and commercial banking disputes, including claims under the Financial Services and Markets Act (FSMA) regime, and he is experienced in claims involving brokers and financial advisers, shares, currency trading, commodities and derivatives.
Energy and natural resources: Gary’s fast-growing practice in this area includes disputes relating to the ownership and operation of energy concessions, production and supply contracts and financing arrangements, both in international arbitral tribunals and the English courts.
Company law and insolvency: Gary’s broad experience in the area of company law includes shareholders’ disputes (including s994 petitions) and directors’ duties disputes. He is also experienced in claims in bankruptcies, liquidations, administrations, disputed winding ups and related claims. He is often sought after to deal with multi-disciplinary insolvency disputes that include elements of property or professional negligence law.
Professional negligence: Gary is experienced in dealing with claims against professionals in the full range of non-clinical disciplines, including solicitors, barristers, accountants, tax advisors, valuers, architects, engineers and financial professionals. By their nature many professional negligence claims settle before trial, often in mediations. He has an impressive track record of negotiating favourable settlements on behalf of his clients with insurers and their representatives, even in the most difficult cases. He has recently also developed a Defendant practice in this area both for insurers and for clients who find themselves uninsured.
Property: Gary’s practice covers the full range of real property work, including mortgage work for major lending institutions and mortgagors, easements, restrictive covenants, land registration disputes, trusts of land and boundary disputes. He regularly acts for landlords and tenants in commercial as well as residential landlord and tenant cases, and he has a particular expertise in claims involving enfranchisement and pre-emption rights. He has extensive experience of appearing in the tribunal system.
Cases of Note
A selection of cases in which Gary is currently acting or has acted recently include:
- A v B & C: Acting as sole counsel for respondent oil companies in $21M ICC arbitration arising out of a Farm-In Agreement in an African country;
- Uavend Properties Inc v Adsaax Ltd & Vistra Trust (Singapore) Ltd: Acting for First Defendant in respect of a claim for a distribution of sums due and damages under a property investment partnership in a prestige property in London;
- LJC Media Ltd v Nixxie Ltd: Acting for Defendant IT company in >$3M claim for payments and breach of contract in respect of advertising feed supply to a major ISP;
- Courtwood Holdings SA v Woodley Properties Limited & Ors: Acted for one of the Defendants to a knowing receipt claim valued at $30M arising out of a claim to the benefit of a substantial property development;
- Re: S Lefton (Properties) Ltd: Acted for respondents to s994 petition in respect of family owned company valued at £5-10M
- A v B & C: Acted for a Canadian company in a $7.8M claim for royalties and pursuant to guarantee arising out of gold mining concessions in Burkino Faso
- Antoniou v Geogallides: Acted for Claimants in respect of a claim to the ownership of a £5M home involving allegations of forged trust deeds.
- Tupman & Sitel Ltd v Synova Capital LLP: Acted for the Defendant private equity firm in respect of a £2M claim for breach of confidence and “negotiating damages” arising out of an investment in a Telecoms company.
- BP Oil International Limited v Bankers Petroleum Albania Limited: acted for the Defendant as first junior and first instructed Counsel in $54M breach of oil supply contract claim.
- A v B: Part of a Counsel team of 5 and first instructed Counsel (led by Joe Smouha QC) for a Claimant oil company in $440M UNCITRAL arbitration against a state for breach of a Petroleum Supply Agreement.
Gary is recommended as a leading junior for commercial dispute resolution by Chambers UK and for Professional Negligence and Property litigation by Legal 500. Recent testimonials highlight:
- "He gets on top of facts very quickly and manages cases very well." (Commercial Dispute Resolution, Chambers UK 2018)
- "A brilliant all-rounder, whose ability to find a workable commercial solution is amazing." (Property Litigation, The Legal 500, 2017)
- "He is able to communicate effectively, he 'gets' his clients and understands what makes them tick." (Professional Negligence, The Legal 500, 2017)
- “He gives pragmatic and practical advice in a sensible, client-friendly way.” (Commercial Dispute Resolution, Chambers UK, 2017)
- “He is commercial and businesslike in his outlook.” (Commercial Dispute Resolution, Chambers UK, 2017)
- "Responsive and hardworking." (Professional negligence, The Legal 500, 2016)
- "He provides excellent knowledge of the law and brilliant analytical capability." (Property litigation, The Legal 500, 2016)
- "Thorough, approachable and good at managing expectations." (Commercial Dispute Resolution, Chambers UK, 2016)
- "Analysis is excellent and he has persuasive command of the material." (Commercial Dispute Resolution, Chambers UK, 2016)
- Recognised for his broad commercial practice and particularly his real estate litigation expertise. Sources praise him for his client skills and his approachable manner. Expertise: "He's practical and very good with the client." (Commercial dispute resolution, Chambers UK, 2015)
- "Definitely one to watch." (Professional Negligence, The Legal 500, 2015)
- "Very thorough, very analytical and very knowledgeable, both in law and procedure." (Property litigation, The Legal 500, 2015)
- An experienced and well-rounded property lawyer, who is renowned for his commercial approach. He is particularly sought after for his skill in handling property disputes with fraud or insolvency aspects. Recent work: Acted successfully for the mortgagee in a claim for possession of a high-value development property. (Real Estate litigation, Chambers UK, 2015)
- "Identifies a clear and logical strategy towards attaining the best outcome possible." (Professional negligence, The Legal 500, 2014)
- Maintains a strong international element to his practice, as is evidenced by his recent work highlights. His commercial dispute workload includes a focus on fraud-related matters. Expertise: "Intellectual and adept at mastering voluminous instructions, he cuts to the real issues and deals rigorously with the arguments in a case." Recent work: he represented the respondent in Fundicion Nodular SA v Orchard (Developments) Ltd, an appeal involving matters such as the jurisdiction of powers of attorney in England and Spain. (Commercial Dispute Resolution, Chambers UK, 2014)
- Valued by solicitors for his expertise in the crossover between fraud, insolvency and property disputes. His practice has an emphasis on landlord and tenant matters and residential property controversies. Expertise: "Diligent, robust and user-friendly." "His analytical ability is amazing, and he does not leave a stone unturned." Recent work: he recently appeared in a complex proprietorial dispute concerning several buildings in Hampstead, defending the client against allegations of fraud brought by members of the defendant's family. (Real Estate Litigation, Chambers UK, 2014)
- The "highly impressive" Gary Lidington, who is possessed of "a fast mind, displays excellent attention to detail", and is skilled at communicating complicated concepts to lay clients. Solicitors favour him as he is "intellectual, adept at mastering voluminous instructions, and capable of dealing with a case rigorously". (Commercial Dispute Resolution, Chambers UK, 2013)
- Gary Lidington impressed observers when he acted for the respondent in Bank of Scotland v Pereira & Pain in the Court of Appeal, a case involving the procedure to be followed if the challenging party does not appear in court. Interviewees highlight his "very fast mind and excellent attention to detail" as well as his "ability to get complicated concepts over to the lay client". (Real Estate Litigation, Chambers UK, 2013)
- Gary Lidington is "diligent, robust and user-friendly". His property practice encompasses mortgage work, easements, restrictive covenants, trusts of land and boundary disputes. (Real Estate Litigation, Chambers UK, 2012)
Gary is recognised as a leading junior in Commercial Dispute Resolution, Property Litigation, Real Estate Litigation and Professional Negligence (Chambers & Partners, Legal 500).
COMBAR, Chancery Bar Association