Michael Harper

Commercial

Michael handles a range of commercial work ranging from classic disputes concerning general contractual matters, civil fraud and the supply of goods or services through to more specialist areas such as insolvency.

Michael’s practice in this area benefits from a depth of academic and practical experience prior to joining Chambers. This includes a year as Judicial Assistant to Lady Justice Gloster and tutoring in Commercial Law at the University of Oxford, following specialised study during the BCL (Commercial Remedies, Restitution, Corporate Insolvency, Conflicts).

Examples of Michael’s work are given below.

Civil Fraud

• The Grenfell Tower Litigation: civil claims arising out of the Grenfell Tower Fire, including claims in deceit and unlawful means conspiracy against the cladding manufacturers. Led, as part of a team, by Andrew Rigney KC.
• PBF Investments v Ewan & Co: £1m professional negligence claim raising, amongst other issues, an illegality (ex turpi) defence based on a fraudulent or sham lending arrangement. Sole counsel.
• Iyegbe v CMS: acting to strike out a £5.5m professional negligence claim making serious allegations, including fraud, against two solicitors and a Court clerk and obtaining a civil restraint order. Sole counsel.
• Gluyas v Leviathan: £0.8m claim based on an elaborate fraudulent scheme involving (purported) corporate vehicles in the Marshall Islands, fabricated company minutes and fictitious settlement agreements. Redolent of the elaborate schemes perpetrated by Mr Rizwan Hussain (see, for example, [2021] EWHC 171 (Ch)).
• Malik v X Scuderia: claim for alleged breach of contract to restore a high-end supercar (a Ferrari 599 GTB), including a illegality defence arising from fraudulent misrepresentations that the car was an even more valuable 599 GTO: see related proceedings, [2021] EWHC 2744 (Ch).
• Advising insurers and drafting declinature and recovery correspondence in relating to the refusal of a jewellery claim on the basis that it was a fraudulent claim.
• Mayr v CMS: one of the Lawyer’s Top 20 cases of 2019. Michael defended CMS in a £300m solicitors’ negligence claim on the principal basis that the claim arose out of the claimants’ fraud. The Claimants discontinued during a 7-week trial following cross-examination of their principal witnesses. Led by Roger Stewart KC and Daniel Shapiro KC.

Sale of Goods and Services

• DIPT v Sanglier; Sanglier v Apollo [2023] EWHC 426 (TCC): 5-week trial arising from the supply of adhesive. A principal issue concerned limitations of liability; ancillary issues included the scope of arbitration clauses.
• Fatboys Catering Equipment v Burnside Hotel: claim for unpaid fees and counterclaim for alleged deficient performance, raising classic issues of contractual interpretation, allocation of responsibility and limitation; protracted litigation (2019-2024), due to a number of procedural skirmishes.
• Capital Development Investments v Shadow Consultancy Services: claims for alleged breaches of a contract for security services at a commercial property (during which a burglary occurred) and unjust enrichment; counterclaim for unpaid fees.
• £5m claim involving two of the largest global banks and a prime brokerage firm, involving issues of contractual interpretation and foreign law.
• Claim by a care home against the maintenance contractor for alleged deficient performance, following flood damage caused by surface and foul water pumping stations.

Director’s Duties and Fiduciary Duties

• Claim against fiduciaries for unexplained transactions and misappropriated monies.
• Mayr v CMS: one of the Lawyer’s Top 20 cases of 2019. Solicitors’ negligence claim including allegations of breach of fiduciary duty that solicitors ‘turned on’ former clients.

Company and insolvency

• Gluyas v Leviathan: advised and acted on an application to set aside a statutory demand for £0.8m, itself arising from an elaborate fraudulent scheme involving (purported) corporate vehicles in the Marshall Islands, fabricated company minutes and fictitious settlement agreements.
• EUI v Yousaf: advised and acted on an application to set aside an Individual Voluntary Arrangement (IVA) on the basis of non-disclosure and to reinstate (and make final) charging orders against the debtor’s property.

Asset Recovery, Interim Applications and Enforcement

• Malik v X Scuderia: urgent application to stay a writ of control – followed by an application to set aside the underlying default judgment and contested proceedings, leading ultimately to striking out the claim.
• EUI v Yousaf: advised and acted on an application to set aside an Individual Voluntary Arrangement (IVA) on the basis of non-disclosure and to reinstate (and make final) charging orders against the debtor’s property.
• Routine enforcement proceedings, including applications to vary and applications surrounding charging orders.

Experience prior to joining Chambers

• During 2016-17, Michael was the Judicial Assistant to Lady Justice Gloster, then Vice-President of the Court of Appeal. Michael’s work typically involved appeals arising from large commercial or common law disputes.
• Hughes-Holland v BPE [2017] UKSC 21: Michael assisted with the appeal, culminating in the landmark judgment in which the Supreme Court restated SAAMCO principles.
• Bonhams v Lawson & Ors [2015] EWHC 3257 (Comm): £11m multi-party commercial dispute, in which Michael assisted in the favourable determination of a preliminary issue and subsequent settlement on the eve of a six-week trial.
• Michael has previously tutored in Commercial Law at the University of Oxford.

Selected Cases

News

• Daniel Shapiro KC, Michael Harper and Alethea Redfern acted for World Challenge Expeditions Ltd in its successful claim against Zurich Insurance Company Ltd
• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract

Read more

Articles

• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract
• Hindsight is 20/20: Assessment of damages in light of Covid-19

Qualifications

• BPTC
• BCL, University of Oxford
• BA Hons, University of Oxford
• Lord Denning Scholarship, Lincoln’s Inn
• Graduate Fund Scholarship, Oxford Law Faculty

Memberships

• COMBAR
• PNBA