Hiren Mistry


SJClogo

Call 2002 (Middle Temple)
Qualifications LL.B (Hons) (Dunelm), LL.M (Commercial and Corporate (UCL), PgDL, Harmswoth Scholar, Middle temple.
Appointments De Montfort University – Visiting Lecturer teaching LL.M Company Law and LL.M, Business Tax Law, University of London – Open Learning Tutor, Department for Financial & Management Studies (SOAS), External Examiner for the BBP Professional Education, Jersey.
Professional memberships Chancery Bar Association

Areas of Practice

Practice Overview

Hiren is an associate member of St John’s Chambers and is currently based in Jersey, C.I, please contact his clerks for further information.

Hiren specialises in commercial dispute resolution, wills, trusts & probate and insolvency.

Cases include:

  • Charles Le Quesne (1956) Ltd [2011] JRC 155- Representation of two of the directors under Article 155 of the Companies (Jersey) Law 1991 for a just and equitable winding up, allowing the liquidator to continue trading on two States of Jersey Construction Contracts for circa two years.
  • The Representation of RBC Trust Company (Jersey) Limited 2012 - Representing a group of beneficiaries in an Article 51 Trust (Jersey) 1984.
  • Mubarak v Mubarik [2008] JCA 196- Representation of the Representor/Respondent in an application to enforce an order of the English High Court to vary a Jersey Trust which saw the clarification of the Court’s approach in Jersey.
  • In the Matter of the X Trust- An Article 51 Trust (Jersey) 1984 application seeking directions from the Royal Court in relation to the management of the Trust’s companies and its asset worth £50m and the managing of risk against litigation against the Trustee for a breach of trust.

Court of Appeal

  • Leeds United Football Club v AdMatch [2009] JCA 097- Successful appeal against the award of security for costs against the Plaintiff, leading to a change in the law in line with the ECHR.
  • Leeds United Football Club v AdMatch [2010] JCA 217- Appeal against costs and case management decision of the Royal Court.
  • AdMatch v Leeds United Football Club [2011] JCA 084- Appeal against an unless order by the Defendant.
  • AdMatch v Leeds United Football Club [2011] JCA 110- Successful application for costs against a non party for costs of the appeal.  The decision was the first successful application of the Yates v Reg’s Skips Ltd guidance.

Interlocutory relief

  • Experienced in drafting Orders of Justice/supporting affidavits for freezing injunctions in Jersey and worldwide injunctions, including a successful seizure of passports.  Drafting of “caveats or “oppositions” to theRoyal Courtto prevent the sale of immovable assets and applications for disclosure of evidence/documents in the form of interrogatories and seizure of evidence through Anton Piller orders.

ADR/Mediation

  • Conducted various successful commercial contract/professional negligence/breach of trust mediations worth between £200,000- £50m.

Regulatory

  • Advised various blue chip Accountants/Banks at director/senior level on investigations conducted by the Jersey Financial Services Commission (“JFSC”), including, advising on potential risks of extradition.
This entry was posted in Commercial and Chancery. Bookmark the permalink.