Adrian Jack of Counsel

[email protected]
(with effect from 18 November 2019, once again sitting as a fixed-term Acting Justice in the Commercial Court of the British Virgin Islands)

After three years as a judge of the Supreme Court of Gibraltar, Adrian comes to the Turks & Caicos Islands to resume his career as a legal adviser and advocate. Since joining Prudhoe Caribbean, Adrian has spent three months sitting as an Acting Justice in the Commercial Court of the British Virgin Islands, where he heard high value insolvency matters, as well as trusts and other commercial disputes. As a firm, we very much believe that this enhances our overall client offering.

While sitting as a judge there in the Commercial Court, he decided applications for freezing orders, including ABC Grandeservus Ltd v Emmerson International Corp Claim No BVIHCM 2013/0160 (27th May 2019) (Freezing order against a Cypriot trust company for US$893 million, in the context of litigation between two Russian oligarchs).

While still a full-time judge in Gibraltar he heard trust disputes of a similar value.

Adrian’s practice focuses on cross-border cases.

He was admitted in Munich, Germany as a Rechtsanwalt (an attorney-at-law there). Much of his cross-border work involves Germany. His international litigation experience has included major commercial cases concerning Malaysia, Italy and France and a long-running arbitration involving on-line gambling.

Adrian was for nine years a member of the chambers of the Rt Hon Sir Desmond de Silva QC. In 1998 he joined the well-known Chancery and commercial set, Enterprise Chambers in Lincoln’s Inn, where he built his German and international practice and where he and Tim Prudhoe first met.

He has appeared in the House of Lords (the then highest level of appear in England & Wales) three times. One such case was one of the last ever cases heard by the Lords, London Borough of Islington v Honeygan-Green [2009] 1 AC 636.

He has 27 reported cases in the Court of Appeal, including Starglade Property Ltd v Nash [2011] 1 Lloyd’s Rep FC 102, a leading case on dishonestly assisting a breach of trust. He has 36 reported cases in lower Courts.

In 2014 he took a three-year appointment as a justice of the Supreme Court in Gibraltar. There he specialised in civil and commercial cases. Forty-one of his cases are reported in the Gibraltar Law Reports. A major case was recognising American Chapter 11 proceedings in Gibraltar for Peabody Inc, the US energy giant, which held its Australian coal assets (about 3 billion tonnes) through two Gibraltar subsidiaries. In a long-running case, Chevron Inc, the US oil firm, sued Russell DeLeon, a billionaire living in Gibraltar, for conspiracy. Plaintiffs in Ecuador had recovered a judgment for US$9 billion against Chevron for environmental damage. DeLeon sought to fund the litigation brought world-wide by the Ecuadorians to enforce the Ecuadorian judgment. Chevron sued him for conspiracy. (The case settled before trial, after an unsuccesul strike out application).

In separate case, DeLeon and his former wife, Ruth Parasol, sued Bwin.Party, the internet gambling firm, in New Jersey for breach of a share sale and purchase agreement. Adrian granted an anti-suit injunction forcing DeLeon and Parasol to litigate in Gibraltar or London. The judgment was upheld on appeal. Permission to appeal to the Privy Council was refused.

Adrian has walked the Camino de Santiago pilgrimage four times. He began in 2006 with the Camino Francés from St-Jean-Pied-de-Port in France to Santiago de Compostella, a distance of 480 miles, which he completed on foot in 35 days. He is currently in the middle of walking the Via de la Plata from Seville to Santiago.

Select Engagements

At the bar, Adrian appeared in a major cross-border arbitration of a dispute concerning an internet gambling joint-venture. He has appeared in numerous cross-border commercial cases and developed expertise in cross-border insolvency (including “bankruptcy tourism”) and cross-border mergers of companies.

He has advised the English Crown Prosecution Service as an expert witness on German law and advised on a major property financing project in Germany involving a new corporate structure: a Kommandit Gesellschaft (a German limited partnership) with an English limited company as the general partner with unlimited liability/

Credentials

Admissions

  • Barrister in England and Wales (currently non-practicing). Admitted to Honourable Society of Middle Temple, where he was elected a bencher (a senior member) in 2016
  • Barrister in New South Wales, Australia (currently non-practicing)
  • Rechtsanwalt (German attorney-at-law) admitted in Munich 2000-2014 (“disbarred” at Adrian’s own request on his appointment to Gibraltar)
  • Attorney Turks and Caicos Islands

Education

  • Sydney Grammar School, Sydney, Australia (Open Scholar)
  • Hertford College, University of Oxford BA (Hons) MA (Hons)
  • Inns of Court School of Law, Gray’s Inn Bar Finals
  • Düsseldorf Ministry of Justice, Eignungsprüfung (Transfer Test for the German bar)

Select Cases at the Bar

  • 7e Communications Ltd v Vertex Antennentechnik GmbH [2007] EWCA Civ 140, [2007] 1 WLR 2175, [2007] 2 All ER (Comm) 798, [2008] Bus LR 472, [2007] 2 Lloyd’s Rep 411 (Court of Appeal)
  • Islington LBC v Honeygan-Green [2007] EWHC 1270 (QB), [2007] 4 All ER 818, [2008] L&TR 3 (Queen’s Bench); [2008] 1 WLR 1350, [2008] 4 All ER 459 (Court of Appeal); (sub.nom. Knowsley Housing Trust v White) [2008] UKHL 70, [2009] 1 AC 636 , [2009] 2 WLR 78, [2009] 2 All ER 829, [2008] 50 EG 73 (CS), [2008] NPC 137, [2009] Housing LR 17, [2009] L&TR 13, [2008] The Times, 15th December (House of Lords)
  • Catalyst Recycling Ltd v Nickelhütte Aue GmbH [2008] Env LR 2 (QB); [2008] EWCA Civ 541, [2009] Env LR 3 (Court of Appeal); petition to House of Lords dismissed 23rd June 2008
  • McGuane v Welch [2008] EWCA Civ 785, [2008] 2 P&CR 24, [2008] 40 EG 178, [2008] 3 EGLR 45 (Court of Appeal)
  • Starglade Properties Ltd v Nash [2010] EWHC 148 (Ch), [2010] WTLR 1267 (Chancery Division); [2010] EWCA Civ 1314, [2011] 1 Lloyd’s Rep FC 102 (Court of Appeal)
  • Die Sparkasse Bremen v Armutcu [2012] EWHC 4026 (Ch), [2013] BPIR 210 (Chancery Division); [2013] EWCA Civ 930 (Court of Appeal)
  • Re House-Clean Ltd [2013] EWHC 2337 (Ch), [2013] Bus LR 1145, [2013] BCC 611 (Chancery Division)

Recent Publications and Presentations

  • English Law and Standard Terms (Lexxion-Verlag, 2005)
  • The human rights section of Commercial Property Disputes (Butterworths, looseleaf, now discontinued)
  • Jowitt’s Dictionary of English Law (3rd Ed, 2010; 4th Ed, 2015) Contributor (most of the articles on probate and some on land law)
  • 36 legal articles

Professional & Community Involvement

  • Founder member, Gibraltar Middle Temple Society, 2016
  • Sits as a Recorder (part-time judge of the Crown Court in England)
  • Sits as a (part-time) Employment and First-tier Tribunal judge in England

At the Bar

  • Vice-chairman, Deutscher Anwaltverein in Großbritannien (German Bar Association in Great Britain) 2004-2014
  • Deutscher Anwaltverein (German Bar Association, Berlin)
  • Münchener Anwaltverein (Munich Bar Association)
  • Rechtsanwaltkammer München (Chamber of Rechtsanwälte, Munich)
  • Member, Chancery Bar Association
  • Member, European Circuit of the Bar
  • Trustee, Cardboard Citizens (a homeless persons charity