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Oliver Hyams

  • Commercial  

    Commercial

    Oliver frequently acts in commercial disputes, both as sole and junior counsel.

    His current and recent cases include:

    • Trinity Logistics v Goonewardena & Ors [2017] EWHC 2353: a claim brought by a freight forwarding agent in deceit, unlawful means conspiracy and inducing breach of contract.
    • X v Y: a claim to recover 10 years’ unpaid minimum wage.
    • Kogan v Hembry LTL 19/07/2016: a claim to recover approx. £250,000 advanced by way of loan to a property developer.
    • L Ltd v A: a claim to recover the balance of a loan advanced to a company director’s relative.
    • LP v L: a claim in fraudulent misrepresentation for the return of a deposit on a house.
    • P v S: a claim to recover sums due under a deed of waiver, with a defence of equitable set-off.

    As a pupil, Oliver was involved in the ongoing Kazakhstan Kagazy litigation. He assisted in preparing for the hearing of the defendants’ appeal and the claimants’ cross-appeal against an order continuing a £72m freezing order (Court of Appeal, [2014] EWCA Civ 38). He also helped to draft evidence in response to further applications to vary and set aside the freezing order.

    News & Resources

  • Trusts  

    Trusts

    Oliver has experience of trusts disputes. His current and recent cases include:

    • X v Y: a claim against professional trustees alleging breach of trust and involving a large-scale international fraud.
    • S v M: an action for an account against a trustee.
    • R v S: allegations of fraud and undue influence in a claim concerning the beneficial ownership of two properties.
    • W v W: a claim against personal representatives for a declaration of beneficial interest in estate property.
    • Re S: a claim for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 with serious allegations made against the deceased’s family members.
    • L v W: a claim against a deceased’s estate, where the claimant alleged that he had made a loan to the deceased during her lifetime, and the executors asserted that the loan agreement was forged.
    • O v O: successfully represented executors at a 5-day trial where it was alleged that they had forged the deceased’s will, and that the deceased in any event lacked testamentary capacity.
  • Insolvency  

    Insolvency

    Oliver regularly appears in the Insolvency and Companies List of the Business and Property Courts. He acts for insolvency practitioners, companies and individuals in litigation, and is often instructed in commercial disputes with an insolvency angle. Oliver represented the successful applicant in Hieber v Duckworth (Liquidator of Hieber Ltd) LTL 28/6/2017, where the High Court set aside a Tomlin order on the grounds of duress / undue influence and by reason of the rule in ex Parte James.

    Oliver has, with other members of Chambers, presented the Lamb Chambers Construction Insolvency Workshop 2018 to a number of leading national and international law firms.

    Examples of recent insolvency work

    • Trinity Logistics USA Inc v Goonewardena and Ors [2017] EWHC 2353 (Comm): acted for a defendant director of an insolvent company to a claim by a freight forwarder in conspiracy and inducing breach of contract.
    • Currently acting for the liquidator in a claim to unwind preferences and to set aside transactions defrauding creditors, where the company was involved in a large-scale commercial fraud, paying substantial sums to connected third parties.
    • Successfully represented the respondent creditor to a high-value application to set aside a statutory demand.
    • Acted for the creditor respondents to a series of linked applications to restrain presentation of winding up petitions. 

    News & Resources

Profile

Oliver has a commercial chancery practice, with a particular emphasis on insolvency disputes, commercial litigation, and contentious trusts.

For more information, please select a practice area from the headings above.

Further information

Publications

Oliver has written a range of articles on papers on issues in commercial law, and has spoken at industry events, including:

  • Carillion Plc goes into liquidation: what is the immediate effect? Co-authored with David Sawtell.
  • The insurance section of the COMBAR Brexit paper on financial services, submitted to the Ministry of Justice. Co-authored with Andrew Henshaw QC.
  • Panellist at the COMBAR “Financial Services after Brexit” seminar.
  • Speaker at Chambers’ Brexit conference on the subject of Brexit’s impact upon the UK insurance industry.

Background

Before joining the Bar, Oliver worked at the European Commission, specialising in retail banking and pensions reform. With colleagues, he drafted the Payment Accounts Directive, in addition to policy papers addressing consumer protection in the private pensions market.

Qualifications

2012      Called to the Bar (Lincoln’s Inn)

2012      City Law School, Bar Professional Training Course (very competent)

2011      City Law School, Graduate diploma in law (commendation)

2010      University College London, Human Rights (MA)

2009      University of Durham, Philosophy, Politics and Economics, BA (Hons) 2.i

Awards

2013    Levitt Scholarship, Lincoln’s Inn

2012    Brussels Internship Scholarship, Lincoln’s Inn

2011    Hardwicke Entrance Scholarship, Lincoln’s Inn

2011    The City Law School BPTC Scholarship

2010    Lord Haldane Scholarship, Lincoln’s Inn

Languages

French

Memberships

  • Chancery Bar Association
  • COMBAR
  • Insolvency Lawyers’ Association

News & Resources

Oliver Hyams


View all Areas of expertise

Year of Call 2012

Email

olhya@lambchambers.co.uk

Contact clerk

Joe Grimmer

020 7797 8307

VAT Reg No

199585137

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