Alexander Farara

Alexander has acted for officeholders, directors, shareholders and individuals in personal and corporate insolvency disputes.

During pupillage he heavily assisted 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: 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.

Alexander’s experience includes:

• Claims challenging reviewable or antecedent transactions
• Applications to challenge 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 Alexander’s practice focuses on civil fraud disputes, whether domestic or international, and increasingly with a focus in the financial services industry.

Current and recent instructions include:

• Advising 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.

Alexander 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:

• 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.
• Successfully securing the transfer of shares from a criminally convicted director under the pre-emption provisions of a shareholders’ agreement.

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

Current and recent instructions include:

• Representing the equity partners of a former high street law firm that merged with the now intervened Axiom DWFM. Trial is listed to take place over 4 days later this year.
• 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) early next year.

Alexander has an expanding offshore and international practice. He was called to the Bar in the BVI in 2022, and has been involved on matters heard before the BVI Commercial Court and Eastern Caribbean Court of Appeal.

He has a consultancy arrangement with a leading offshore firm in the BVI.

Recent instructions include:

• 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.

As a pupil, he heavily assisted 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

• Chancery Bar Association
• Contentious Trusts Association (ConTra)

• Spanish (Conversational)
• Italian (Basic)