Karim Oualnan
Solicitor & Mediator
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Expertise
Civil Fraud
Samuel has experience across a wide range of contentious and advisory work in the field of civil fraud litigation.
Recent cases have included:
- Acting as sole counsel representing a foreign royal in a debarring application in a claim worth £75m.
- As sole counsel successfully defeating a significantly more senior opponent in an application for summary judgment in a £1m fraudulent misrepresentation claim brought on the basis of res judicata.
- Acting as junior counsel defending a £5m claim against a company director for alleged breach of a profit-sharing agreement
- Acting as sole counsel for a Claimant property management company in a £1m claim for breaches of fiduciary duty against its former solicitors.
- Acting as junior counsel for the Defendant in a claim for breaches of fiduciary duty in respect of a family company newly inherited by the parties, who were siblings.
Commercial
Samuel has been instructed in a wide range of commercial disputes, in trials and interlocutory hearings, both as sole and junior counsel. Samuel’s recent work has included:
- Acting as sole Counsel for the Claimant in a claim by a synagogue against a former Rabbi for breach of a mortgage agreement. Samuel successfully resisted attempts by the Defendant to have the dispute arbitrated by a Beth Din, rather than an English court.
- Acting as Junior Counsel in a successful claim for breach of contract and misrepresentation for recovery of a £560,000 pension from an employer who had inadvertently breached the rules of its own pension scheme by entering the Claimant into the scheme. The Decision was upheld on appeal.
- Acting as sole counsel in a claim for breach of contract and negligence against a broker that had caused losses to a company by failing to meet its obligations under a services agreement.
- Acting as sole counsel for the Defendant in a claim by a Dental Practice against a large global medical device company for sums claimed under a purchase agreement. The claim was successfully struck out.
- Acting as junior counsel acting for a Claimant property company bringing a £750,000 claim in breach of contract and misrepresentation against another company and former provider of services.
- Acting as sole counsel representing a Defendant building contractor against a leading UK builders’ merchant and supplier.
- Acting as junior counsel for the Claimant in a £750,000 claim against guarantors under a property financing facility agreement
- Acting as sole counsel representing a Defendant building contractor against a former client who fired the Defendant on the spot as work was commencing, following a heated argument.
- Acting as junior counsel for the Claimant in a claim for damages and injunctive relief against a company for breach of a profit-sharing agreement and unlawful use of confidential information
- Acting as junior counsel acting for the Claimant in a claim seeking a declaration that a mortgage agreement was not binding due to the Claimant’s lack of capacity.
- Acting as junior counsel for the Claimant in a claim for unpaid remuneration contingent on an employer’s profitability.
- Acting as junior counsel for the Claimant in a negligence claim brought by a business for negligent tax advice by a former professional advisor.
- Acting as sole counsel representing the Defendant in a £50,000 claim in respect of an alleged oral contract for the sale of goods made in a David Lloyd changing room.
Samuel has a growing traditional chancery practice, including both conventional cases and cases involving unusual fact-patterns engaging esoteric legal principles. By way of example, Samuel has:
- Acted as sole counsel for the Claimants in an application for leasehold enfranchisement in respect of a property owned by the Crown via escheat, after its former freeholder, a Sechelles Company, ceased to exist.
- Acted as sole counsel for a beneficiary challenging the validity of a will, and propounding the validity of a previous will.
- Acted as junior counsel advising in respect of an order declaring that a gift of £1.2m was made on the basis of a mistake, following negligent professional advice.
- Acted as Junior Counsel for the Claimant in a claim for breach of fiduciary duties against the trustee of a bare trust.
- Acted as sole counsel in a Part 8 claim for an order to dissolve an unincorporated association, founded in 1896, and distribute its £300,000 in assets.
Insolvency
Samuel has developed a broad practice across business disputes, particularly in the context of actual, alleged and anticipated insolvency. He has experience in analysing complex factual patterns in claims related to insolvency, pre-insolvency transactions at undervalue and company directors’ duties.
Samuel regularly attends the winding-up list for companies, petitioners and supporting creditors. He has had success in obtaining validation orders in difficult circumstances. He is also regularly instructed in matters of Bankruptcy.
Samuel’s recent work has included:
- Advising an administrator as to a company’s liabilities under a lease where a landlord had unlawfully prevented the administrator from accessing an industrial site.
- Acting as junior counsel advising on a claim for breach of directors duties against a director that had dissipated the value of a private company, inter alia, through public statements and incorrect statements made to its regulator.