Olivier Kalfon

Olivier's practice includes heavy business disputes within a wide range of sectors, civil fraud (such as freezing orders and other interim relief, asset-tracing and recovery, and civil claims based on dishonesty), litigation and arbitration arising out of share and business sale agreements, and jurisdiction / choice of law disputes.

Recent and ongoing work includes:

• Mex Group Worldwide Ltd v Ford (Court of Appeal): Acting for successful respondents in appeal which clarifies the scope of the Court’s powers to make freezing orders in support of extra-jurisdictional proceedings (leading James Kinman).
• Acting for Defendants challenging jurisdiction of BVI Court in connection with claim for c.€85m (leading Edward Armitage).
• Acting for Defendants in High Court jurisdiction challenge and worldwide freezing order discharge application (leading James Kinman).
• South Tees Development Corp v PD Teesport: Successful appeal against decision allowing very late amendments to statements of case (led by Andrew Walker KC).
• Acting (leading Edward Armitage) for the sellers in a share sale dispute worth in excess of £8m involving allegations of fraudulent breach of warranty and misrepresentation.
• Sheikh Mohamed Bin Issa Al Jaber v Bosheh: multi million-pound civil fraud claim involving allegations of identity theft and document manipulation (as case leader). Successful application to discharge freezing injunction for material non-disclosure.
• Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader).
• Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
• Acting in LCIA arbitration proceedings about a £1bn family-owned group in a shareholder dispute (led by Dominic Chambers KC).

Olivier has considerable experience of pursuing and defending fraud claims, and related pre-action protective measures.

Recent and ongoing work includes:

• Acting (leading Edward Armitage) for the sellers in a share sale dispute worth in excess of £8m involving allegations of fraudulent breach of warranty and misrepresentation.
• Sheikh Mohamed Bin Issa Al Jaber v Bosheh: multi million-pound civil fraud claim involving allegations of identity theft and document manipulation (as case leader). Successful application to discharge freezing injunction for material non-disclosure. Case settled.
• Acting in large scale multi-party shareholder dispute (involving allegations of dishonest breach of fiduciary duty) in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader).
• Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).

Olivier has significant offshore legal experience and was admitted to the Bar in the Cayman Islands in 2006. In 2016 Olivier was admitted to practice as a Legal Practitioner in the Eastern Caribbean Supreme Court (BVI).

Recent and ongoing work includes:

• Acting for Defendants challenging jurisdiction of BVI Court in connection with claim for c.€85m (leading Edward Armitage).
• Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader).
• Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
• Acting in cross-border insolvency claim for c.£250 million brought by the liquidator of a BVI company (as case leader).

Contentious matters including directors’ liabilities, shareholder disputes (unfair prejudice petitions, derivative claims, just and equitable winding up), claims concerning unlawful distributions of capital and unlawful dividends, corporate insolvency, dissolution, restoration and directors disqualification.

Recent and ongoing work includes:

• Hellard v Registrar of Companies: test case concerning company restoration applications in which the Court considered the scope of the sweep up provision in section 1029(2), Companies Act 2006 (as sole advocate).
• Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader).
• Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
• Acting in LCIA arbitration proceedings about a £1bn family-owned group in a shareholder dispute (led by Dominic Chambers KC).

All aspects of both corporate and personal insolvency, including technical issues under the insolvency legislation, transaction avoidance claims, proceedings by and against insolvency practitioners, bond claims and cross-border issues.

Recent and ongoing work includes:

• Re Bitumina Industries Ltd – Olivier (leading Joseph Bunting) acted for the Joint Administrators of the company. The case concerned the creation of a floating charge, and its enforceability under Section 245 of the Insolvency Act 1986. It entailed a route and branch consideration of Section 245, its effect, construction, scope and interaction with authorities under the previous insolvency statutes. The judge (at [36] and [122]) praised their submissions, noting the “great deal of benefit” he had derived from their “closely-reasoned analysis”.
• Arlington Infrastructure Ltd (In Administration) v Woolrych: successful High Court challenge of out of court appointment of administrators over energy companies (as case leader).
• Hellard v Registrar of Companies: test case concerning company restoration applications in which the Court considered the scope of the sweep up provision in section 1029(2), Companies Act 2006 (as sole advocate).
• Acting in cross-border insolvency claim for c.£250 million brought by the liquidator of a BVI company (as case leader).
• Acting in large scale multi-party shareholder dispute in the Eastern Caribbean Court (BVI, Commercial Division) concerning a group of companies in Hong Kong and mainland China (as case leader).
• Acting in proceedings in the Grand Court of the Cayman Islands (Financial Services Division) brought by the liquidators of an investment fund against the fund’s directors and specialist service providers, involving allegations of unlawful means conspiracy, dishonest assistance and knowing receipt (led by Christopher Parker KC).
• Acting in LCIA arbitration proceedings about a £1bn family-owned group in a shareholder dispute (led by Dominic Chambers KC).

Olivier's practice includes investment banking and private equity disputes, mis-selling claims, secured lending, asset financing and claims under guarantees and indemnities.

Olivier's practice includes claims against insolvency practitioners, accountants and solicitors.