Theo Dixon

Recent and ongoing work includes:

Commercial

• Acting (led by Simon Atkinson) for the defendant in Moosa v Mawji [2024] EWHC 1638 (Ch); [2024] EWHC 335 (Ch).  These ongoing proceedings concern a complex and high-value corporate property investment holding structure, raising issues of Liechtenstein, Swiss and English law.
• Advising (as sole counsel) on potential claims arising from the loss of a US$5 million investment in a Manhattan skyscraper project. The claim involves a complex, multi-jurisdictional investment holding structure.
• Acted for the defendant (led by Bobby Friedman) in a US$15 million cryptocurrency claim concerning alleged breaches of a facility agreement. The defendant counterclaimed for the delivery of cryptocurrency tokens worth US$100 million. The claim settled after service of the defence.
• Advised prospective group claimants in a dispute arising from the negligent sale of bonds to retail investors. The claimants alleged that the broker’s failure to advise that the bonds were not adequately insured caused losses of £17.5 million.
• As a pupil, assisted Jack Watson in Richards v Bodden [2023] UKPC 7, a case heard by the Judicial Committee of the Privy Council concerning a claim for restitution/unjust enrichment arising out of the failure of an instalment contract.

Civil Fraud

• Acting 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 a 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.

Trusts

• Assisting Andrew Mold KC, James McCreath, and Elizabeth Houghton in Bermudan proceedings regarding the validity of five multi-billion pound Bermudian purpose trusts. The appeal of the first instance decision is to be heard in 2025.
• 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.
• Advising 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, preparing 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.

Insolvency

• Acting 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.

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.
• Advising 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.
• Acting for the defendant trustee of a pension scheme in proceedings concerning the payment of a spouse’s pension as a trivial commutation lump sum.
• Advising on the proper interpretation of a pension attachment order and its effects on the timing of payments to be made to the ex-spouse.

Property

• Acting (led by Simon Atkinson) for the defendant in Moosa v Mawji [2024] EWHC 1638 (Ch); [2024] EWHC 335 (Ch).  These ongoing proceedings concern a complex and high-value corporate property investment holding structure, raising issues of Liechtenstein, Swiss and English law.
• Advising on the merits of claims under a constructive trust, resulting trust, and proprietary estoppel, in relation to residential property.
• As a pupil, assisting James McCreath in the ongoing litigation between United Utilities and the Manchester Ship Canal Company, which recently 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.