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T: +44 (0) 20 7242 3555   |   E: clerks@7br.co.uk

Jeffrey Jupp

Commercial Litigation Practice Profile 

Jeffrey has practised in commercial litigation, arbitration and mediation for 14 years.   His practice routinely involves the following:

  • Agency
  • Bailment
  • Breach of Warranty
  • Civil Asset Recovery
  • Conflict of Laws
  • Fraud and Breach of Fiduciary Duty
  • Insurance Law
  • Professional Negligence
  • Sale of Goods

Recently reported cases

Scottish Coal Co Ltd v Royal Sun Alliance Ltd  [2008] EWHC 880

  • Insurance law:   Representing Insurers in a mining collapse case (£7 million). Insured's Material non-disclosure and affirmation (led by Derek Sweeting QC).

Seatbooker Sales Ltd v Southend United FC [2008] EWHC 157 (QB) 

  • For the Claimant.  The Defendant  football club was found to be bound by an agreement for the provision of internet ticket sales software on the basis that there had been no mistake or misrepresentation concerning the intended effect of the document recording the agreement.

John McCarthy v McCarthy & Stone Plc [2008] 1 All ER 221 CA

  • Company law – Restitution.  Share option, discretion and taxation of share options. (Led by Derek Sweeting QC).

 Other recent cases

  • Agency: Successfully representing a Greek agent domiciled in the UK at trial in an action to recover commission of US$400,000 from a Greek steel fabrication company relating to a contract for stadium construction at the Doha Asian Games and defending a counterclaim of US$ 3m.
  • Banking/ Finance: Advising a Spanish financial institution on the effective exercise of an early repayment option in  €12 million 15 year denominated curve steepness deposit agreement; Advising a currency exchange dealer on the entitlement to make a margin call in €4 million forward trade.
  • Breach of Warranty: Acting for the buyers in a £7m breach of warranty settled at mediation with payment from the vendors.
  • Civil Asset Recovery:  Representing one of 8 respondents from whom the Director of SOCA was seeking a civil recovery order following a multi million pound Missing Trader Intra-Community (‘MTIC’) fraud. The case involved the proceeds of fraud being transferred to Dubai and allegedly being laundered through a variety of companies and properties back to the UK.  Case compromised day before hearing (for connected case see SOCA v Sajad & Others [2008] EWHC 2535 (Admin))
  • Commercial Fraud: Instructed on behalf of well-known financial institution in respect of a freezing order relating to a £12m VAT fraud.   Representing the Defendant in an alleged shipping fraud involving the falsification of a bill of lading relating to a cargo held in Shanghai.  (Mediterranean Shipping Co v OMG Limited and Others [2008] (Commercial Court))
  • Conflicts of Laws:  Representing an Italian company in an application for a declaration under CPR Part 11 and pursuant to the Brussels Convention 1968, that the Court has no jurisdiction to entertain a claim brought against it by English Company; Advising a large bank on the enforcement of 21 million euro loan to a Greek Company. (Instructed by a Greek Firm of solicitors for the bank).
  • Construction, ICC Arbitration: Acting on behalf of a party involved in a multi million pound dispute relating to a the construction of a hotel in the Channel Islands. Instructed as junior in a substantial construction dispute arising out of the redevelopment of the All England Tennis Club. 
  • Guarantees; Instructed on behalf of the guarantor to defend an action for the enforcement of a guarantee relating to a invoice discounting (factoring) agreement.
  • Insurance Contracts:  Representing both companies and individuals in actions to enforce contracts of insurance following the insurer’s refusal to honour its indemnity. 
  • Other: Regularly instructed by an offshore regulator to advise as to compliance issues. Currently instructed be a major commodity manufacturer in respect of two claims resulting from serious boiler explosions at their factories said to be caused by the negligence of third parties resulting in substantial property damage and loss of profit claims.
  • Pro Bono: Acted pro-bono for injured soldiers in the appeal to the Court of Appeal by the Secretary of State for Defence relating to compensation payable to injured servicemen.

 Professional Memberships  

  • London Common Law and Commercial Bar Association
  • Association of Regulatory and Disciplinary Lawyers
  • Bar Pro Bono Unit

Publications

Contributor to Commercial and Mercantile Courts Litigation Practice  published by Jordans

Lectures/Seminars

  • Civil Recovery Orders in the Isle of Man (As part of the 7BR/Cains seminar on proceeds of Crime in the IOM).
  • Costs and Directors (In house to Solicitors).
  • Tracing in to Mixed Funds.  (In house to Solicitors)
  • Entire Agreement Clauses   (Field Fisher Waterhouse)
  • The fiduciary duties of directors and senior employees – where now? (Field Fisher Waterhouse)

Contact Jeffrey Jupp

Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk