Oberon Kwok

2014

Selborne Chambers
10 Essex Street
London WC2R 3AA
Email Oberon Kwok
0207 420 9500

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Oberon accepts instructions in insolvency, banking, property and general commercial litigation. He appears regularly in the High Court and County Court on matters within these practice areas.

Oberon’s expertise in corporate and personal insolvency involves contentious and advisory matters of all sizes, ranging from the Lehman Brothers Waterfall I and Waterfall II disputes and the Bernie Madoff fraud litigation (Primeo), to administration applications and applications to set aside statutory demands, and injunctions to restrain the presentation or advertisement of winding up petitions.

In banking, Oberon has experience in a wide variety of disputes involving the mis-selling of products, disputes concerning the construction and rectification of facility agreements, and the enforcement of lending facilities. He is currently junior counsel on a £6.5 million litigation brought by a Middle Eastern Bank against a prominent businessman, involving a claim on a guarantee and alleged breaches of the former Lending Code.

In property, Oberon’s practice ranges from possession proceedings brought by mortgagees and landowners, to disputes over beneficial interests in land, equity of exonerations claims and the enforceability of security interests over land. He is also instructed on property matters which intersect with insolvency law, such as disclaimer and property proceedings brought by officeholders.

Before tenancy, Oberon completed his pupillage at a top tier commercial and insolvency set of chambers.

Oberon read Law at Downing College, Cambridge, where he was awarded the Squire and Harris scholarships for achieving First Class results in examinations. He is also a Lord Denning scholar at Lincoln’s Inn.

 

Recent Experience

Insolvency

Lehman Brothers Waterfall (Administration of Lehman Brothers, including an appeal to the Supreme Court)*

Northern Rock (Acquisition of NRAM by a private equity fund after Northern Rock collapse)*

Aegis Power Bond (No. 1) plc (Collective administration and liquidation of a publicly listed company and its numerous associated companies)

Aegis Wind Finance (No. 2) (Retroactive administration order where previous administration had inadvertently expired)

MyCare UK Ltd (Application to rescind a winding up)

Transactions at an undervalue, preferences, misfeasance and other insolvency claims

Contested Insolvency Act s.236 applications

Applications to set aside statutory demands

Injunctions to restrain presentation or advertisement of winding up petitions

Challenges to officeholders’ remuneration and expenses

Annulment and rescission applications

Income payments order applications

Urgent validation orders

Public and private examinations of bankrupts

Contested winding up petitions

Company

Saad (multi-jurisdiction claim by a company against its former director for billions of pounds of misappropriated monies)*

Marrache v Baker Tilly (multi-million pound conspiracy claim against former auditors of company)*

Primeo/Bernie Madoff (investors’ redemption claims against a major fund implicated in Bernie Madoff’s Ponzi scheme)*

Profits-sharing and unfair prejudice dispute between members of a limited liability partnership

Banking and Commercial Litigation

Mis-selling of Interest Rate Hedging Products (acting as an independent reviewer assessing claims against a Big Four bank for mis-selling IRHPs to customers)

Mis-selling claims in relation to bank accounts, lending facilities and mortgages

BNY Mellon (advice on a new securities lending structure)*

Advice to a bank defending a disclosure application on the basis of the tipping off provisions under the Proceeds of Crime Act 2002

Rectification claim concerning the security provision of a lending facility

Claims concerning the construction and interpretation of large-scale facility agreements

Arbitral claim against a Middle Eastern government under an arms sale contract*

Claim against a foreign state on the identity of parties to a sovereign bond*

Jurisdictional and forum non conveniens disputes

‘Economic tort’ claims for conspiracy to injure, unlawful means conspiracy, and inducing breaches of contract

Security for costs applications

Property

Possession proceedings against tenants, mortgagors and trespassers

Dispute over the rights under a sub-trust enjoyed by a sub-beneficiary of land and a head trustee

Equity of exoneration claims between mortgagees and joint mortgagors

Claims of duress and undue influence against the enforcement of security by a mortgagee

Dispute over the operation of the escheat doctrine following disclaimer of freehold by a trustee in bankruptcy

* undertaken during pupillage

Publications and Lectures

(2018) 2 Corporate Rescue & Insolvency 48: ‘Navigating the dangers of the rule in ex parte James’

November 2017: Provided a 3-day course on English corporate insolvency law to the Association of Law Firms of Georgia

(2017) 3 Corporate Rescue & Insolvency 108: Case Reporter – Tchenguiz & Ors v Kaupthing Bank HF & Johannsson [2017] EWCA Civ 83

(2016) 6 Corporate Rescue & Insolvency 229 : Case Reporter – Re Kiss Cards Ltd [2016] EWHC 2176 (Ch)

(2016) 5 Corporate Rescue & Insolvency 185: ‘Applications to Rescind a Winding Up: Protecting the Petitioning Creditor’s Interests’

Please see Oberon’s Privacy Notice here.

Memberships

R3 – Association of Business Recovery Professionals – Associate

Education

  • Downing College, Cambridge (2010-2013)
  • Called to the Bar (2014)

Awards

  • Harris Scholarship, 2012 –Downing College, University of Cambridge – for First Class results in examinations
  • Squire Scholarship, 2012 – University of Cambridge – for academic achievement
  • Senior Harris Scholarship, 2013 – Downing College, University of Cambridge – for academic achievement
  • Denning Scholarship, 2013 – Lincoln’s Inn – for academic achievement