Edward Knight's practice centres on business litigation and dispute resolution.

Edward is able to bring his knowledge and experience as a chartered accountant to the practical understanding of complex financial transactions and their detailed forensic analysis. Edward has a specialist focus on commercial fraud, asset tracing and recovery, extending into insolvency and trust litigation.

Edward's expertise enables him to approach matters with an understanding of the practical realities of business and is applicable to the wide range of commercial dispute resolution

Recent cases include: acting for major creditor in the administration of Woolworths; Formula One sponsorship contracts; extensive off-shore trust and company litigation; spread betting and financial derivatives and fraudulent breach of trust by company officers.

Areas of experience

+ Civil Fraud, Asset Tracing & Recovery

As a former auditor, Edward has a specialist skill in the recognition, investigation and prevention of fraud. He has also made a particular study of the detection of deception in forensic contexts, which he applies at all stages of litigation from preliminary research, through case preparation and on to presentation at trial. Edward has considerable experience in obtaining and discharging freezing injunctions in support of proceedings and is recommended for fraud work by Legal 500.  Recent cases include:

Berezovsky v Hine & Ors ((2009-): breach of fiduciary duty, inter alia
Montglimmer v London International Bank (2010): extensive claim against investment manager.
Beauville Properties v Bates (2009): fraudulent breach of trust by company director.
ARHAG v Refugee Forum (2008): allegations of fraudulent breach of fiduciary duty by CEO of a housing association; freezing injunction in support of proprietary remedies.
Bideford Properties v Kelly (2007): LLP partner's breach of fiduciary duty; committal for breach of freezing injunction.
Diva Sports Limited v Carnegie Holdings Limited (2007): breach of warranty of accuracy of accounts.
Jefferson v Co-Operative Bank plc (2007): breach of fiduciary duty by bank manager.
I-Remit Inc v FEER Ltd [2006] EWHC 3472 (Ch): fraudulent accounting in international money transfer; third party costs orders against dishonest directors.
E-surv v Saeed & Ors (2006): representing valuer in substantial mortgage fraud scheme.
• Lexi Holdings plc v La Bella (2005): fraudulent misrepresentation inducing a guarantee.

+ Commercial Litigation

Edward is instructed in relation to a wide range of commercial disputes. His recent cases include:

Force India v Etihad (2009), CA (2010): breach of Formula One sponsorship contracts
Force India v Rodriguez (2010): breach of Formula One driver/sponsorship contract
Kolles v Force India (2010): Formula One commission payments

+ Company

Edward acts regularly in company disputes, including the removal of directors, section 994 and just and equitable petitions. Having spent 3 years as standing counsel to the Treasury on directors disqualification matters, Edward is often instructed to act for defendant directors.

Recent cases:

Rolfe v Rolfe (2010): removal of director acting contrary to articles of association
Re Tulsesense (2010): just and equitable petition; reasonableness of offer to purchase shares
Re Eurolink (2010): s 994 petition; beneficial ownership of shares; breach of trust by nominee

+ Banking and Financial Services

He is also regularly instructed in spread betting matters. He has drafted terms and conditions for both financial derivative (CFD) trading and non-trading (sporting and political) spread-betting for leading houses. He has advised and litigated in relation to: margin calls; avoidance of "in running" positions accepted in error; construction of terms and conditions and reasonableness thereof; obligations of the market maker in relation to accuracy of information and contractual claims against suppliers of trading software:

Sporting Index v Kamil: in-running sporting spread betting; error in on-line pricing
IFX v Brooker (2008): losses on metals futures; offset against introducing broker commission
Finspreads v Williams: commodities CFDs; trading losses

+ Insolvency

Edward's principal focus is on the identification and pursuit of asset tracing and recovery claims, under company and insolvency legislation. Edward has a particular interest in the establishment of personal liability of directors, in addition to proprietary claims.  He is recommended in this area by Legal 500.

Cases include:

Re Priority Metals (2010): determination of adminsitrator's remuneration
Re Mohamedy (2010): determination of trustee in bankrupty's remuneration
Re Woolworth plc (2009): acting for Coca Cola in the administration of Woolworths, particularly in recovery of goods.
Marshman v Kendrick (2007): bankruptcy possession involving mental health and related issues.

+ Professional Negligence

Edward is recommended by Legal 500 for his professional negligence work. He is a chartered accountant who, having spent three years as an auditor and subsequently working in-house in the City, has an in-depth knowledge and understanding of both accounting standards and audit practice. His accountancy background makes him a natural choice for accountancy negligence disputes in particular. Edward's recent cases include:

  • Re McGregor (2011): negligent advice by accountants in relation to estate administration and taxation.e
  • Lexadon v Stephen Starr (2010): a claim for negligent advice by accountants in relation to development property valuation and taxation.
  • 4 ENG v Butterworth Jones (2010): negligence of accountant as auditor and valuer of a company.
  • Saxby v Cox Hinkins (2010): claim for negligent taxation advice in an EIS scheme.
  • Sawnhey v DWFM Beckman (2009): claim against solicitor for negligent advice in relation to merits of proceedings and settlement.
+ Sport

Edward has acted in Formula One sponsorship and driving contractual disputes involving, inter alia, misrepresentation, rescission, renunciation and total failue of consideration:

Force India v Etihad (2009), CA (2010): breach of Formula One sponsorship contracts
Force India v Rodriguez (2010): breach of Formula One driver/sponsorship contract
Kolles v Force India (2010): Formula One commission payments

 

+ Trusts, Probate & Estates

Edward's practice is principally concerned with the asset tracing and recovery aspects of trust litigation and proprietary claims arising both out of formal fiduciary relationships and those imposed as a remedy. Edward's practice encompasses the financial services industry both on and off-shore:

Berezovsky v Hine & Ors ((2009-): inter alia, breach of fiduciary duty,
Montglimmer v London International Bank (2010): extensive claim against investment manager

Full detail on selected areas will be included in the downloadable PDF.

Related events

XXIV Dubai Conference 2012
29 Apr 2012

Recommendations

Legal 500/2011 recommends Edward for fraud, insolvency and professional negligence calling him "gritty and pugnacious" and noting his "excellent legal knowledge and analysis".

Academic history

MA (Cantab)
Chartered Accountant

Professional memberships

Associate of the Institute of Chartered Accountants in England & Wales (ACA)
Chancery Bar Association

Business details

VAT number: 752334934
Registered name: Edward Malyn Knight

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