Ken Craig

Call:1975

Introduction and Contact details

Ken specialises mainly in Commercial (Chancery) and Entertainment/Defamation. He is considered to have a very sound academic and commercially-minded approach and has a large number of satisfied clients. He has represented many sports personalities and entertainers on contractual and defamation matters.

Among the high-profile clients whom Ken has advised and/or represented are: the late Tim Hardin (“If I were a carpenter”), Eric Clapton, (and his company, Marshbrook), Michael Eaton (Eric Clapton's manager), Ray Davies, various of the leading actors in “Neighbours” and other Australian “soaps”, Dolly Parton, Gabrielle, Mark Morrison, Tony Jacklin, Charlie George, David Seaman, Anton Mosimann, the creators of “the Tweenies”, the Wallace Collection, BMG and Niceman Enterprises (who owned the merchandising rights of about 100 artists, including REM, Take That, Bette Midler and Bon Jovi), Robin Gibb, Unicorn Entertainment (Michael Flatley's company), Jean Butler (the other founder of “Riverdance”), Bryan Ferry, John Illsley, Richard Fairbrother (of Right Said Fred), Matt Lorenzo, Isha Sesay (CNN anchorwoman, formerly of Sky Sports News and ITN) and Anita Harris and her husband, the artist Mike Margolis.

Tel:    020 7242 2523 (switchboard)
Fax:    020 7691 1234

Email: ken.craig@hardwicke.co.uk

COMMERCIAL

Ken has experience of a wide range of matters affecting businesses particularly contractual disputes and jurisdictional issues.

Banking, Finance & Credit

Ken is regularly instructed to act on behalf of many of the largest banks and lenders in relation to:

• loan, mortgage and guarantee disputes.
• standard undertakings
• claims by lenders to rights of subrogation
• equitable charges
• failure to register charge and intervening bankruptcy
• in Themehelp v West and Pimm 1996 QB 84 - obtained injunction, which was upheld in CA, preventing a contracting party against whom fraud was alleged from calling on a bank guarantee

Relevant Recent Case

Sharab v Prince Al-Waleed Bin Tala Bin Abdal-Aziz-Al-Saud [2008] EWHC 1893 (Ch) and EWCA CW353 (CA) Successfully represented a Jordanian national in obtaining ex parte permission to serve on the defendant outside the jurisdiction her claim for unpaid commission of US$10 million allegedly payable for her services as P's agent in relation to the sale of an aircraft by P for US$120 million to the President of Libya and upholding this decision on application by the Defendant to have it set aside for lack of jurisdiction, and on appeal to CA.

Civil Fraud

Ken has built up a strong reputation for being able to consider alternative claims, remedies and solutions in order to resolve clients’ crises. He has substantial experience of mediating in such disputes.

Companies

Ken’s company work naturally overlaps with his insolvency and banking work. He accepts instructions from all forms of company on all issues, including particular issues relating to the introduction of the new Companies Act. Clients include banks, lending institutions, accountants, major companies, and bond holders. Successfully represented the Finance Director of Landhurst Leasing (which went insolvent with debts of around £40m and where the Chairman and MD subsequently went to prison) in Director’s Disqualification proceedings (the other directors in those proceedings were all disqualified). (re Landhurst Leasing Plc, Secretary of State for Trade & Industry v Ball and others, 1999 1 BCLC 286 )

Represented the successful party in Re Duckwari Plc, concerning the provisions of section 320 of the Companies Act, requiring transactions between the company and another company in which the director had an interest to be approved by the company in general meeting, and which went to CA 3 times. ( Re Duckwari Plc, Duckwari v Cooper & Offerventure Ltd 1997 Ch 201, 1999 Ch 253 (CA). Re Duckwari Plc No. 2 1999 Ch 268., and Re Duckwari Plc No. 3 1999 1 BCLC 168)

Employment

Ken has considerable experience of advising and representing large and small businesses (including public bodies) and employees in all areas of employment law, including:

• discrimination claims
• TUPE problems
• team moves
• removal of confidential business information
• unfair dismissal disputes
• for example, Ken defended the University of East London against a substantial claim brought by a former female employee, which included an allegation of sex discrimination (Capel v University of East London, 2001)

Insolvency & Restructuring

This area links with Ken’s company and banking work. He is regularly instructed in a wide range of disputes providing advice, advocacy, drafting and representation in the following areas of corporate insolvency:

• the new administration regime under the Enterprise Act 2002
• schemes of arrangement
• international and cross-border insolvencies (including issues arising under the EC Insolvency Regulation)
• fraudulent and wrongful trading (for example he acted for the successful Party in Re: Purpoint, one of the earliest decisions on Sections 212 and 214 of the Insolvency Act)
• voluntary and compulsory liquidations
• insolvent partnerships
• receiverships and administrative receiverships
• transactions at an undervalue
• preferences and statutory asset recovery under section 423 of the Insolvency Act 1986.

Media & Entertainment

Ken has been at the forefront of some interesting cases involving high profile clients (such as representing the actors who portrayed “Madge” and “Harold” in Neighbours in the House of Lords (Charleston and Smith v News International 1996 2AC65)).

Relevant Recent Case

Westcott v Westcott [2007] EWHC 2501 (QB) and [2008] WLR(D) 241 (CA) High profile case covered in the national press which arose when a magistrate was questioned by police after his daughter-in-law had made a complaint to the police accusing him of assaulting her. This is now the leading CA decision on the issue of whether a complainant to the police enjoys qualified or absolute privilege when making such a complaint.

Partnership

He is a respected authority on the law of partnership including limited partnerships and LLPs.

Utilities

Ken is known to be a bright and capable expert in this field and accepts instructions from many types of clients. For a period of 10 years post privatisation of the electricity companies, Ken advised London Electricity on the impact of the “Clawback Debenture” which had been imposed by the Government on the electricity companies. Ken was also involved in the original negotiations which had taken place with the Government when this Debenture was originally imposed. Ken has also advised other major utility companies.

PROPERTY & PRIVATE CLIENT

Ken accepts instructions from many disparate clients and has developed a large amount of experience. He takes advisory and practical work relating to such matters as wills, trusts and property management.

Inheritance & Probate

Ken is regularly instructed on all areas of this subject, including:

• creation and amendment of wills
• personal representatives
• grants of representation
• transfers and gifts
• trusts

Land & Real Property

Ken is a widely experienced and very capable property lawyer, specialising in many related areas including:

• boundary disputes and adverse possession
• restrictive covenants and easements including rights to light
• injunctions and equitable remedies
• trust of land claims
• forfeiture and possession claims

Landlord & Tenant – Commercial

Ken advises and represents landlords and tenants in all aspects of land disputes. He has developed a history of satisfied clients in this sphere and continues to be well respected as a sound commercial mind.

Relevant Recent Case

Meghani v Nessfield Ltd [2008] EWHC 2827 (Ch) Ken successfully represented Nessfield Ltd in a long running action brought by Mr. Meghani, a co-owner and co-leaseholder, who had been claiming damages against Nessfield alleging interference with his possession caused by Nessfield's sub-tenants.

Landlord & Tenant – Residential

Ken accepts instructions from both landlords and tenants relating to all aspects of property disputes, such as:

• claims for the possession of residential property and related injunction claims
• recovery of service charges.
• disrepair and nuisance cases
• succession and loss of security
• unlawful eviction and harassment claims

Trusts

Ken’s work in this area naturally overlaps with his Inheritance and Probate work. He has been involved in a number of complex cases, the details of most of which are not in the public domain. For example, he acted for several years for the late Viscount Portman in his long running litigation against Lord Goodman arising out of Lord Goodman’s handling of his affairs over very many years. This litigation was settled on terms which remain confidential between the Parties, but came into the public domain later in the course of unconnected litigation.