Alexander Farara

Alex has represented officeholders, directors, shareholders and individuals in personal and corporate insolvency disputes and restructurings.

He heavily assisted (led by David Lord KC) on litigation concerning the priority of a floating charge holder and the circumstances in which a solicitor’s lien may be preserved or waived in a cross-border insolvency dispute heard before the Supreme Court, Court of Appeal and Eastern Caribbean Court of Appeal (on appeal from the BVI): Re Peak Hotels and Resorts Ltd [2022] UKSC 35. He also as a pupil helped advise on the merits of an appeal challenging a liquidator’s assignment of a cause of action: Lock v Stanley [2022] EWCA Civ 626.

He is currently acting in two related insolvency proceedings before the BVI Commercial Court. The first concerns a petition to liquidate a dissolved foreign company of Bahrain (led by Robert Weekes KC) and applications seeking injunctive relief to prevent a BVI company (listed on the Palestine Stock Exchange) from redomiciling out of the jurisdiction and into Palestine (led by David Mumford KC). Both proceedings concern claims of fraud and conspiracy between warring family members in relation to circa $100 million in assets.

He also recently successfully represented the directors of a company in liquidation in challenging a decision of BVI appointed liquidators, to facilitate an ongoing shareholder dispute in Singapore.

Alexander’s experience includes:

• Claims challenging reviewable or antecedent transactions
• Applications challenging the decisions of office-holders
• Applications seeking an exemption to the general restriction on the re-use of company names on behalf of directors under section 216 of the Insolvency Act 1986
• Official Receiver applications for bankruptcy restrictions orders under shc.4A of the Insolvency Act 1986
• Advising and acting in winding up and bankruptcy petitions
• Applications to set aside statutory demands;
• Applications restraining the presentation of winding up petitions
• Applications to challenge both the remuneration of office-holders and extent of liquidation expenses

Much of Alex’s practice focuses on civil fraud disputes, both domestic and international.

Current and recent instructions include:

• Seeking in the BVI quia timet and/or Chabra injunctive relief to prevent a BVI company listed on the Palestine Stock Exchange from redomiciling out of the jurisdiction and into Palestine (in the context of underlying conspiracy claims) (led by David Mumford KC)
• Acting in significant conspiracy claims in the BVI in relation to a $94 million inheritance (led by Robert Weekes KC)
• Advising (unled) an Indian based shipping group on the merits of claims against its Swiss legal advisors accused of misappropriating the proceeds of a US$25 million arbitration award
• Successfully dismissed at trial (unled) claims against the chief investment officer of an intervened FCA-regulated investment management firm accused of dishonestly investing clients’ personal portfolios in a Cayman Islands based fund
• Representing (unled) a property developer in equitable, conspiracy and inducement of breach of contract claims against LPA receivers and mortgagees before the High Court where the damages sought are in excess of £1.5 million
• Successfully representing (unled) the directors of a BVI company in liquidation facing misfeasance and breach of duty claims regarding a joint venture
• Acting in a dispute concerning the secret purchase of a residential home with misappropriated funds. Claims of deceit and forgery are made in relation to an alleged loan and legal charge

Alex accepts instructions in all manner of company disputes. He has acted in shareholder disputes, including derivative actions and unfair prejudice disputes, breach of duty claims against directors, joint venture disputes, director disqualification proceedings and just and equitable winding ups.

Recent instructions include:

• Acting (led by Andrew Willins KC) in derivative action proceedings before the BVI Commercial Court concerning a Greek shipping group in relation to an alleged $300 million loss
• Advising on the urgent removal of a director who misappropriated millions of company funds originally intended to secure licensing and partnership agreements with various Premier League football clubs.
• Acting in an unfair prejudice petition concerning a Chinese-Mongolian restaurant group valued in excess of £20 million (Re HLHP Oriental Food Ltd [2024] EWHC 497 (Ch)).
• Successfully securing the transfer of shares from a criminally convicted director under the pre-emption provisions of a shareholders’ agreement.

Alex has an expansive commercial practice where he frequently acts as sole counsel in multi-day trials.

Current and recent instructions include:

• Acting (unled) in a contractual dispute in relation to services provided to a Saudi Arabian conglomerate, raising issues of actual and ostensible authority
• Representing the equity partners of a former high street law firm that merged with the now intervened Axiom DWFM.
• Advising on claims against an international hotel group and UK financial institution in a matter raising issues of consumer credit and agency
• Acting (unled) for the chief investment officer challenging the sanctions imposed on him by the Financial Conduct Authority in relation to investments made in a Cape Verde hotel development. The matter is listed for an 8-week trial before the Upper Tribunal (Tax and Chancery Chamber) later this year

Alex has an expanding offshore and international practice.

He was called to the Bar in the BVI in 2022.

Recent instructions include:

• Acting (led by Robert Weekes KC) in ongoing proceedings concerning a conspiracy claim between warring family members. The matter has raised novel issues before the local Courts including the standing of a member to petition for the liquidation of a foreign dissolved company
• Acting (led by Andrew Willins) in derivative action proceedings concerning a Greek shipping group; the losses sought exceed $300 million
• Acting (led by David Mumford KC) in an application seeking quia timet and/or Chabra injunctive relief to prevent a BVI company (listed on the Palestine Stock Exchange) from redomiciling from the jurisdiction
• Successfully representing the directors of a BVI company in liquidation facing breach of duty claims arising from a joint venture in the oil and gas sector
• Advising the shareholders of a BVI company in their appeal of a winding up order

He heavily assisted (led by David Lord KC) on a cross-border dispute concerning a floating charge holder and the circumstances in which a solicitor’s lien may be preserved or waived. The matter was heard in the English Court of Appeal and Supreme Court and also came before the BVI Commercial Court and Eastern Caribbean Court of Appeal: Re Peak Hotels and Resorts Ltd BVIHCMAP2020/0021.

• Boston College (USA) (Double Major, Philosophy and Literature)
• City Law School, GE LLB
• City Law School, BPTC

• A joust with HMRC and the application of BTI v Sequana in the trusts context (the Barrister Magazine)
• Stuck between a rock and a hard place: Proving the provenance of your inheritance is not the proceeds of crime

• R3 (Associate
• Chancery Bar Association
• INSOL
• Contentious Trusts Association (ConTra)
• International Bar Association

• Spanish (Conversational)
• Italian (Basic)