Theo Dixon

Civil fraud and asset recovery

• Assisting (as a consultant for MK Solicitors) on potential claims and injunctive relief arising out of a complex, high-value, and multi-jurisdictional “boiler room” scheme perpetrated against retail investors.
• Advising (as sole counsel) on potential claims arising from the payment of a £1.5 million distribution to a third party under an authorized push payment fraud. The distribution arises from a valuable investment in a London skyscraper project.
• Assisted in Ancile Investment Company Limited v Phoenix Commodities Pvt Limited; a jurisdictional dispute in the BVI arising out of the liquidation of a valuable group of companies. Insolvency proceedings have been commenced in various jurisdictions.
• Acted for the liquidators of Global Steel Holdings in asset recovery claims worth US$200 million. Global Steel is the holding company of Pramod Mittal, who has been described as “Britain’s biggest bankrupt”. Proceedings have been commenced in England, BVI, Isle of Man and Nigeria. Led by Graeme Halkerston and Faith Julian.
• Appeared as sole counsel, at an interlocutory stage, for the claimant in a complex US$30 million partnership, breach of bailment and fraud claim in relation to various art, antiques and other chattels.
• As a pupil, assisted Tim Matthewson in The Public Institution for Social Security v Al Rajaan; a US$874 million corruption claim brought by the body operating the State of Kuwait’s social security system and pension scheme in respect of alleged secret commissions paid over a 20-year period.

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Trusts, probate and estates: contentious

• Acting (as sole counsel) in proceedings brought against the professional trustee of a high-value Guernsey trust. The dispute concerns the breach of a services agreement entered into by the trustee and settlor.
• Assisting as junior London counsel in offshore proceedings concerning an extremely valuable estate and the validity of the deceased’s will.
• Assisted Andrew Mold KC, Michael Ashdown, and Elizabeth Houghton in Wong v Grand View PTC Ltd.; an appeal concerning the validity of five Bermudian trusts worth in excess of $14 billion.
• Acted (led by Roderick Cordara KC) for the claimant in a multi-million pound probate dispute involving allegations of breach trust and fiduciary duty. The claim concerned funds which had been misappropriated from the estate and connected secret profits.
• Advised on the validity of a discretionary trust. The trust had not been properly constituted, but the trust property had subsequently vested in the trustee as executor of the settlor’s estate.
• As a pupil, prepared advice for the trustees of a BVI trust on issues of limitation. The case concerned proprietary claims arising from the transfer of shares between companies within a complex offshore structure.

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Insolvency

• Acting for a Luxembourg-registered company in contested winding-up proceedings brought on the just and equitable basis. The petitioning shareholders seek the distribution of around €33.5 million of company assets.
• Advised (as a consultant for MK Solicitors) on the nature of a creditor’s rights over cryptocurrency tokens held by an insolvent offshore cryptocurrency exchange. The dispute concerned the enforceability of the creditor’s security under a credit agreement, in circumstances where customer funds were held in unsegregated accounts.
• Acted for the liquidators of Global Steel Holdings in asset recovery claims worth US$200 million. Global Steel is the holding company of Pramod Mittal, who has been described as “Britain’s biggest bankrupt”. Proceedings have been commenced in England, BVI, Isle of Man and Nigeria. Led by Graeme Halkerston and Faith Julian.
• Advised company directors in relation to the appointment of receivers. Receivers were appointed following the breach of a financing agreement worth £15 million, secured against the companies’ properties.
• Appearing for the trustee in bankruptcy in applications brought under s.283A of the Insolvency Act in relation to a property portfolio valued in excess of £3.5 million.
• Acted on behalf of the defendant (led by James Bailey KC) in contempt proceedings arising out of the administration of a limited company. The defendant successfully struck out the contempt proceedings and three related Part 7 claims and obtained a civil restraint order against the claimant.
• Appeared on behalf of the debtor in the High Court, in proceedings concerning the grant of final charging orders over residential properties in London.

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Pensions

• Acting for the employer (led by Edward Sawyer) in proceedings concerning the validity of deeds of amendment over a period of 15 years. The case involves the validity of a change to career average revalued earnings benefits and issues of rectification, extrinsic contract, and estoppel. To the extent that amendments were not validly implemented, the scheme is at risk of c.£15 million in unintended liabilities.
• Advised on claims for breach of trust and fiduciary duty against the trustee of a personal pension scheme. Losses to the scheme were caused by the sale of the scheme’s assets for unsecured loan consideration to an insolvent third party.
• Acted for the defendant trustee of a pension scheme in proceedings concerning the payment of a spouse’s pension as a trivial commutation lump sum.
• Advised on the proper interpretation of a pension attachment order and its effects on the timing of payments to be made to the ex-spouse.

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Property

• Acting (led by Jonathan Seitler KC and Stephen Brown) for the claimants in a dispute concerning a joint venture for the development and operation of a group of luxury care homes.
• Acting (led by Simon Atkinson) in proceedings concerning the management of a large residential development.
• Moosa v Mawji [2024] EWHC 1638 (Ch): Acted (with Simon Atkinson) for the defendant in proceedings concerning a high-value property investment portfolio with companies and assets in England, the Caribbean, Europe and South Africa.
• Advised on the merits of claims under a constructive trust, resulting trust, and proprietary estoppel, in relation to residential property.
• As a pupil, assisted James McCreath in the ongoing litigation between United Utilities and the Manchester Ship Canal Company, which appeared before the Supreme Court in March 2023. The appeal concerned the implied ouster of MSCC’s private law claims by the Water Industry Act 1991.

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