Barry Coffey

Barry is a Partner in the Fraud and Dispute Resolution group.

Barry acts for high-net worth individuals, governments, insolvency practitioners and multi-national companies. Over the past 15 years, Barry has acted in several major cases including London Capital & Finance Plc v Thomson & Ors, BTA Bank v Ablyazov and Dar Al-Arkan v Al Refai.

He undertakes the following work:

• Investigations – Obtaining documents and information via the Norwich Pharmacal and Bankers Trust jurisdictions, the Evidence (Proceedings in Other Jurisdictions) Act 1975 and Section 1782 of Title 28 of the United States Code.
• Asset Recovery - Obtaining worldwide freezing orders, search orders and computer imaging orders in England & Wales, Hong Kong and in other common law jurisdictions.
• Contentious Insolvency - Leading investigations for insolvency practitioners (in particular, using the powers available pursuant to s234, s235 & s236 of the Insolvency Act 1986), advising insolvency practitioners in relation to the realisation of assets and their duties to the Court and creditors and advising directors in disqualification proceedings.
• Commercial Disputes – Bringing and defending claims founded in the economic torts (conspiracy and deceit), breaches of contract, breach of directors and fiduciary duty and breach of trust.
• Enforcement - Pursuing enforcement around the world (including taking possession of real estate, delivery up of valuable chattels such as yachts and supercars, and the winding up of corporate entities).
• Arbitration – Acting for commercial entities in arbitral proceedings brought under the major institutional rules (e.g. - LCIA, ICC, SCAI) in the UK and Switzerland.

Notable cases:

• London Capital & Finance Plc & Ors v Thomson & Ors [2024] EWHC 2894 (Ch) – Acting for the successful Claimants in a 20-week trial.  Leading case on fraudulent trading and law in relation to Ponzi schemes. Featured in The Lawyer Top 20 cases of 2024.
• London Capital & Finance Plc & Ors v Thomson & Ors [2024] EWHC 1684 (Ch) – Acting for successful Applicant.  Leading case on Proprietary Freezing Injunction.
• Re London Oil and Gas Ltd (In Liquidation) [2022] EWHC 1672 (Ch) – Acting or successful Applicant in obtaining an order that an assignment of commercial agreements was void due lack of authority.
• AA v BB [2021] EWCA Civ 1017 – Acting for the successful party in the Court of Appeal -  Leading case dealing with the inter-connectedness of Worldwide Freezing Orders (WFO) and Criminal Restraint Orders (CRO).
• AA v BB [2021] EWHC 1833 (Ch) – Acting for the successful party in the High Court  - Leading case dealing with the effect that a Proprietary Freezing Injunction has in respect of the payment of legal expenses. 
• Re London Oil & Gas Limited [2020] EWHC 35 (Ch) – Leading case on retrospective administration orders.
• Confidential Arbitration [2019-2020] – Acting for a high net worth individual and connected entities in a dispute with professional advisers in respect of assets located in the Middle East.
• Confidential Internal Investigation [2018 – 2020] - Acting for the Department of Foreign Affairs of a large European nation investigating the suspected fraudulent activity of a counterparty.  The investigation involved a multi-jurisdictional investigation across Europe and Africa.
• Bailey v GlaxoSmithKline UK Limited [2017] 3195 (QB) – Leading case dealing with security for costs in circumstances where a Claimant party has the benefit of litigation funding.  
• Dar Al-Arkan Real Estate Company (2) Bank Alkhair v Al Refai & ors [2015] 1 WLR 135, CA; [2014] EWHC 1055 (Comm) – Acting for the Claimants in US$1billion Commercial Court proceedings against the former CEO of a Bahraini investment bank and others for conspiracy to blackmail, breach of confidence and other claims.
• JSC BTA Bank v Mukhtar Ablyazov [2013] EWHC 1979 (Comm) – Leading case dealing with the rights of a respondent to civil contempt proceedings.
• SerVaas v Rafidian Bank [2012] UKSC 40 – Leading case on the true construction of the expression “property which is for the time being in use or intended for use for commercial purposes” in section 13(4) of the State Immunity Act 1978.