Adam Griffiths

Adam’s academic background and postgraduate research focused on the development of the fiduciary relationship and the regulation of corporate governance.  Adam always welcomes instructions in these narrow fields while building a broader commercial and Chancery commercial practice, day to day.

Having read admiralty law as part of his LLM under Professor Francis Rose and with a background in professional yacht racing, Adam attracts specialist maritime work and is uniquely placed to understand many of the practical issues faced in this type of litigation.

Instructions

Notable recent instructions include—

• appearing, advising and drafting pleadings in a high-profile commercial contract/shipbuilding dispute in the London Circuit Commercial Court: GTR v 5W/ATR (September 2018 – January 2020);
• advising and drafting pleadings in connection with High Court litigation concerning ownership of and discrimination within a law firm: E v B (November 2019 – January 2020);
• advising on the procedure and prospects of a judicial review against a maritime regulatory body of uncertain public nature (October 2018);
• advising and drafting pleadings in an unjust enrichment claim based on a failed contract: Lyon v Donaldson and ors (January 2019 – June 2019);
• appearing, advising and drafting pleadings in a complex wrongful interference claim between two businesses in the context of an insolvency of disputed relevance: Nicholas v Cross (June – August 2018);
• advising the Government Legal Department on issues of party liability and estoppel when defending a claim (March 2018);
• appearing in a fast-track trial turning on submissions as to contractual mistake and restitution in a subrogated action (January 2018); and
• appearing in a multi-track hearing on the admissibility of expert evidence in breach of directions in commercial (construction) proceedings (November 2017).

Recent advice has covered areas such as contingent contracts, anti-oral variation clauses, issue estoppel, along with general shareholder disputes.

Adam particularly welcomes instructions in the following areas:

• Fiduciary duties of trustees and directors’ duties
• Constructive, resulting and implied trusts along with unjust enrichment claims
• Corporate governance and shareholder disputes including derivative actions
• Contract disputes
• Construction disputes
• Subrogated insurance actions
• Insolvency and bankruptcy proceedings

Adam has previously appeared on behalf of employers in the Hong Kong Labour Tribunal, the equivalent to the Employment Tribunal in England and Wales.

Adam is instructed in lengthy and legally complex employment tribunal hearings with a wealth of experience in multi-party combined cases.  Adam is available to advise on all relevant areas and prepare grounds of complaint or response.

Instructions on matters with related commercial/insolvency disputes and wider strategic implications in the civil courts are particularly welcomed by Adam.

 Instructions

 Notable recent instructions include—

• appearing and advising in connection with Employment Tribunal and High Court litigation concerning ownership of and discrimination within a law firm: E v B (November 2019 – January 2020);
• appearing as one of five counsel in a significant TUPE action with over three weeks of listings: Reeve and ors v Scion and ors (June 2018 – January 2020);
• resisting claims of discrimination and unfair dismissal in a multi-week trial with significant public interest: Harding v Southampton Street Pastors (May – June 2019);
• advising and appearing for applicant respondents in a limitation matter applying for the strike out of claims against solvent companies in lieu of claims surviving against insolvent entities: Webb v Black and Wight, and ors (April 2019);
• securing an eleven weeks award (from a solvent transferee) in a contested failure to inform and consult TUPE action for five Claimants: Marsh and ors v Thomas and ors (February 2019);
• preventing significant threatened public exposure for a healthcare provider through successful judicial mediation (July 2018);
• securing awards against the secretary of state in technical multi-party insolvency-derived proceedings (April – June 2018); and
• drafting a technical advice on disclosure and classes of privilege (December 2017).

Adam maintains a specific regulatory and public law practice chiefly concerning matters of shipping regulatory law, human rights inquest proceedings and contempts.  Adam enjoyed significant exposure to advocacy concerning some of the most serious allegations: during his first-six he spent four weeks with his pupil supervisor Charles Row in R v Wood, a three-defendant gross negligence manslaughter trial in the context of corporate and regulatory breaches.  During Adam’s second-six he appeared as acting-junior counsel for a fortnight in a four-defendant murder trial led consecutively by David Hunt QC and Ed Burgess QC.

Adam has recently been instructed by prosecuting authorities including the Maritime and Coastguard Agency (for collisions between vessels) and BIS (now the Insolvency Service criminal enforcement team) leveraging his experience as an offshore yacht racer and former financier (respectively).  Adam particularly enjoys the legal intricacies of procedurally unusual regulatory litigation.

Adam is sought by solicitors faced with unusual public law and administrative-law issues.  Adam leverages his civil-procedure expertise, alongside his previous experience in the criminal courts and the robust, effective advocacy it brings.

Instructions

Notable recent instructions include—

• prosecuting the master of a vessel in Bournemouth Crown Court for conduct endangering life following a collision: R v Jarvis (January 2019) (reported: The Times, The Telegraph, Metro et c.);
• advising on the procedure and prospects of a judicial review against a body of uncertain public nature (October 2018);
• appearing in two multi week Article 2 Coroner’s inquest on behalf of the family of the deceased. Notwithstanding jury directions to return a short form conclusion Adam successfully protected a jury’s five page narrative conclusion relying on 18th Century ‘jury prerogative’ case law: C. J. Jeffery (March – September 2018);
• a contested committal for contempt trial for breach of a County Court injunction: Liverty v Allen (June 2018);
• representing a defendant facing a custodial sentence in committal for contempt proceedings in the County Court: BCC v Hammond (April 2018);
• representing a defendant facing a custodial sentence in committal for contempt proceedings before a circuit judge for breach of a court order (April 2018);
• appearing at an inquest on behalf of the family of a deceased patient (March 2018);
• advising on a prosecution under maritime regulatory law (IRPCAS) following a collision at sea (March 2018);
• instructions from the CPS to draft written submissions in the Court of Appeal in response to an appeal founded on procedural irregularity (following representation of the Prosecution in a Newton hearing in the Crown Court) (February 2018); and
• defending a vulnerable young adult prosecuted in the Crown Court as a member of a sophisticated national drug network (January 2018).

Adam welcomes instructions in—and is particularly suited to—wet shipping issues, white collar/business and regulatory cases including breaches of the Insolvency and Company Acts.

Adam holds a CPS panel advocate appointment.