Neil has a broad commercial and chancery practice in line with Chambers’ profile.  He is especially experienced in matters involving Company law, Insolvency law, Trusts and Offshore law. 

Neil has twice been retained to work for substantial periods in the Guernsey office of one of the leading offshore law firms and has also been retained to work offshore for a substantial period in the office of a leading British Virgin Islands law firm.  Prior to coming to the Bar, Neil worked in the London litigation department of one of the leading US law firms.  As well as his experience in Guernsey and the Virgin Islands, he has worked on cases in Jersey and Brussels. 

He is experienced in working as sole counsel appearing in: County Court trials, High Court and County Court applications under many different statutory enactments, summary judgment applications, applications to set aside judgments and default judgments, applications for disclosure, directions hearings and case management conferences. 

He is also experienced in working as a member of a large team handling high-profile, high-value and legally complex litigation. 

Areas of experience

+ Arbitration

Neil has already amassed considerable arbitration experience.  For example, he has been involved in the following:

  • Advising the retired former managing director of a firm of solicitors in relation to arbitration proceedings for breach of the Partnership Agreement.
  • A v B [2007] 1 Lloyds Law Reports 237.
  • Weisfisch v Julius [2006] 1 Lloyds Law Reports 716.
  • Advising on the jurisdiction and powers of an arbitrator.
  • Advising on the validity of an arbitration agreement.
  • Advising on the removal of an arbitrator.
  • Advising on challenging arbitral awards.
  • Advising on enforcing arbitral awards.
+ Commercial Litigation

Working with Philip Shepherd QC and Stuart Adair on Chan U Seek v Alvis Vehicles, an agency dispute arising in the context of military procurement.

Advising and drafting proceedings in relation to a dispute concerning the non-payment of fees relating to the installation and maintenance of IT hardware and software. 

Advising and drafting proceedings in relation to a dispute concerning the British International Freight Association (BIFA) Standard Trading Conditions and the sale of goods by a shipping agent.

Advising in a dispute concerning a warranty claim under a Share Purchase Agreement relating to the sale and purchase of an IT company.

Advising in relation to an agent’s claim under the Commercial Agents Regulations (Council Directive) 1993 for commission and compensation. 

Advising and drafting proceedings in relation to the breach of an Asset Purchase Agreement relating to the sale and purchase of an offshore online gambling company.

Advising and drafting proceedings in relation to the breach of a Guarantee by an English PLC parent company guaranteeing the liabilities of an offshore subsidiary company. 

Carrying out disclosure in relation to proceedings by a private equity firm against the vendor of a group of leisure companies for breaching warranties contained in a Share Purchase Agreement.

Advising on the rights and obligations of parties to a joint venture.   

Advising on the construction of contractual documents.   

Advising on and appearing applications for freezing orders (worldwide and domestic), unless orders, disclosure orders, and directions.    

+ Company

Co-authored Blackstone’s Guide to the Companies Act 2006 (Oxford University Press (2007)).

Advising the directors of a prestigious Knightsbridge property management company on the liability of the company’s former directors.  

Advising shareholders in a BVI company seeking to challenge the exercise of the directors’ powers.

Advising and drafting documents for a company’s purchase of its own shares. 

Advising and drafting proceedings against the director of a property management company for siphoning from the company income derived from the payment of service charges.

Advising and drafting proceedings for breach of directors’ duties.

Advising on issues involving ‘shadow’ directors.

Advising on the rights of minority shareholders under English law and issues of unfair prejudice.

Advising on fraudulent and wrongful trading.

Advising and drafting proceedings in relation to a dispute as to the dissolution of a partnership and the terms of the partnership.

Advising the retired former managing director of a firm of solicitors in relation to arbitration proceedings for breach of the Partnership Agreement.   

Carrying out disclosure in relation to proceedings concerning the breach of an alleged partnership between hedge fund managers.

Advising on the existence or otherwise of a partnership.

Advising on the rights and obligations of partners during the partnership and after dissolution of the partnership.

Advising on the winding-up of a partnership.

Advising on the distribution of partnership assets.

+ Insolvency

Counsel in an appeal from decision of Mr Justice Lewison to the Court of Appeal in a case involving section 212 Insolvency Act 1986 (penalisation of directors and officers).

Advising on and appearing in Winding-up petitions

Advising in relation to companies in administration.

Advising in relation to wrongful and fraudulent trading. 

Advising on and appearing in applications for leave to commence or continue proceedings against companies or individuals in insolvency procedures. 

Advising on the appointment of a provisional liquidator. 

Advising on issues arising from the insolvency of Enron. 

Advising, in the context of a multi-billion dollar multi-national restructuring, on the rights of shareholders and creditors under English law to sue in the Supreme Court of the State of New York for the breach of fiduciary duty.

Advising on set-off in the context of a multi-party cross-border insolvency.

Advising on the recognition in England of a US Chapter XI order staying proceedings.

Advising on the enforcement of foreign insolvency orders and judgments.

Advising on and appearing in applications for validation orders. 

Advising on and appearing in applications to restrain the presentation of winding-up petitions. 

Advising on and appearing in Bankruptcy petitions.

Advising on and appearing in applications to set aside statutory demands.

Advising on and appearing in applications to restrain advertisement of bankruptcy orders.

Advising on and appearing in applications to rescind bankruptcy orders.

Advising on and appearing in applications to annul bankruptcy orders.

Advising on and appearing in proceedings concerning bankruptcies which have passed through the Government’s Protracted Realisations Unit. 

+ Real Estate Litigation

Advising on and appearing in an application to set aside judgment in proceedings between landlord and tenant involving issues of non-payment of rent and withholding of a rent deposit.

Advising the directors of a large Knightsbridge property management company on the liability of the company’s former directors. 

Advising on and appearing in an application to set aside default judgment entered on a claim for negligence, nuisance and trespass to land.

Advising and drafting proceedings under Part I of the Landlord and Tenant Act 1987 to compel a freeholder to transfer the freehold estate in a block of flats to qualifying tenants. 

Advising, drafting proceedings, appearing for and against orders for possession and orders for the sale of property.

Advising and drafting proceedings under the Access to Neighbouring Land Act 1992 for access to neighbouring land to carry out basic preservation works. 

Advising on the taxation treatment of options to purchase property.

Advising on and appearing in applications for charging orders. 

Advising and drafting proceedings against the director of a property management company for siphoning from the company income derived from the payment of service charges.

Advising on and appearing in proceedings concerning unlawful interference with goods.

Advising on and appearing in proceedings concerning nuisance and trespass to land. 

Advising on and resisting an appeal to the Royal Court of Guernsey from the decision of the Seneschal of Sark that a lease had been surrendered by the tenant to the landlord. 

+ Trusts, Probate & Estates

Working with Elspeth Talbot Rice on the Court of Appeal case of Sherrington v Sherrington

Advising and appearing for personal representatives in proceedings under the Inheritance (Provision for Family and Dependents) Act 1974. 

Advising on and appearing in applications to have representatives appointed to represent intestate estates in proceedings.

Advising on and appearing in applications to remove trustees. 

Advising on the date a settlement was created and the validity of an equitable assignment of a choice in action to the settlement.

Advising on constructive trusts. 

Advising on resulting trusts.

Advising on the rights of beneficiaries under a trust to information about the trust.

Advising on beneficiaries’ causes of action. 

Advising on the rights and obligations of Trustees, Protectors, Executors and Administrators. 

Advising a settlement on the taxation treatment of options to purchase property. 

Advising and drafting proceedings for the grant of probate to a draft will.

Advising and drafting documents in relation to an application to vary a will.

Advising on the construction of settlements.

Advising on and drafting proceedings for the rectification of settlements. 

Advising the executors of a will on the distribution of the estate.

Defending against an application for a grant of a will in solemn form.

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

Academic history

BA (Hons) Law, New College, University of Oxford
2004 Cholmeley Scholar, Lincoln’s Inn
2003 Sir Thomas More Scholar, Lincoln’s Inn
2002 Hardwicke Scholar, Lincoln’s Inn

Professional memberships

2006: Called to the Bar of the Eastern Caribbean Supreme Court (British Virgin Islands)
Member, Chancery Bar Association
Member, R3
ACTAPS

Publications

Co-author of Blackstones Guide to the Companies Act 2006 (OUP)

Business details

VAT number: 918847871
Registered name: Neil Simon Peter McLarnon

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