Morgan Rees

"A real powerhouse who has a history of conducting

truly substantial litigation in Birmingham and London"

Legal 500

Morgan Rees

Dispute Resolution Partner, Solicitor Advocate

Morgan specialises in complex and high value commercial and corporate litigation. 

Morgan represents claimants and defendants in commercial and corporate litigation including shareholder disputes, insolvency cases, defamation matters and professional negligence claims. Morgan acts for a number of local and national companies and businesses as well as clients based in Europe and the United States. He has a particular interest in company and partnership disputes and regularly advises on unfair prejudice claims, derivative actions, breaches of fiduciary duties and directors disqualification proceedings. 

Morgan has extensive experience of representing clients in complex trials and mediations, often over days or weeks. As a solicitor advocate, he has the right to appear before all courts in England and Wales and has successfully appeared for clients in cases reported in both the law reports and the national press. 

Morgan has been recommended in the legal guides for several years. The Legal 500 describes Morgan as  ‘a real powerhouse who has a history of conducting truly substantial litigation in Birmingham and London’. Chambers says ‘Morgan impresses clients with his “painstaking attention to detail” and dedicated, "reassuring" approach to their cases. He has significant experience of advising on high-value disputes and is described as "confident and decisive" in negotiations. He continues to practice as a solicitor advocate and attracts praise for his advocacy from top counsel’

Corporate litigation

  • Presented an unfair prejudice petition concerning shares valued at £7.5 million. The case settled at mediation, having been listed for a 20 day trial.
  • Acted for the Claimant in a seven figure consumer credit claim arising from a litigation funding agreement connected to an unfair prejudice petition. The claim settled following a mediation in advance of an 8 day trial.
  • Represented the Defendant in a £35 million claim for damages arising from alleged diversions of corporate opportunities. Obtained an injunction restraining the use of the company’s funds on the litigation. Re Synergy Biologics Limited [2018] EWHC 999 (Ch)
  • Represented the Defendant in a £4.4 million claim for damages and specific performance seeking to compel a company to buy back its own shares. The claim was dismissed.
  • Obtained the strike out of proceedings brought by HMRC seeking payment from a director of a liquidated company's tax liabilities pursuant to section 216 of the Insolvency Act.
  • Acted in a US$4 million professional negligence claim against solicitors who had failed to ensure a company specialising in the sale of properties in the Dominican Republic complied with the whitewash procedure under section 151 of the Companies Act 1985 resulting in the unenforceability of a buy back agreement. The dispute culminated in a four day trial. Lynn v Borneos LLP t/a Borneo Linnels [2014] All ER (D) 257 (Jan)
  • Represented a property development plc whose senior employees had fraudulently conveyed a number of commercial properties to another company they controlled. The claim settled at mediation. Hartley v The Registrar of Companies (Re GDH Properties Plc) Chancery, unreported, 7 November 2013
  • Acted in a £1.2 million professional negligence claim against solicitors who had failed to advise that directors may have breached their fiduciary duties prior to their acquisition of minority shareholders' interests in a group of care homes. The claim settled at mediation shortly before a 10 day trial.
  • Acted for a director and shareholder in an unfair prejudice petition valued around £2 million following his exclusion from a family company that had operated as a partnership for a number of decades. Morgan appeared for the director in the Companies Court.
  • Conducted an Insolvency Act section 122(1)(e) just and equitable winding up dispute on behalf of an outgoing member of a firm of solicitors. The case concerned the valuation of the firm’s goodwill, including its contingent WIP. The case considered the novel issue of whether a member of an LLP retains any right to petition the court following his expulsion from the partnership. Shakespeare Putsman LLP v Meredith [2008] EWHC 349 (Ch)

Commercial litigation

  • Acted in a claim for misrepresentation, breach of contract and negligent misstatement arising out of the provision of health screening services. Ryder v Lifescan Limited [2016] EWHC 2706 (QB)
  • Represented the Defendant at a 15 day trial concerning a multimillion pound constructive trust dispute relating to the acquisition of a portfolio of properties and businesses over 40 years. Bhushan & Ors v Chand [2015] EWHC 1298 (Ch)
  • Represented the Claimant in a £65 million claim arising from a breach of a software development and licensing agreement. The dispute culminated in a 17 day trial where both parties called accountancy and gambling industry expert evidence. Matchbet Ltd v Openbet Retail Ltd [2013] EWHC 3067 (Ch)
  • Appeared for an architect in the trial of a claim concerning the calculation and payment of design fees in connection with the redevelopment of an industrial estate into a waste recycling plant. Imamoglu v JPE (Holdings) Limited [2011] EWHC 2588 (TCC)
  • Defended a rectification and restitution claim on a change of position basis where the claimant attempted to recover a £1 million mistaken overpayment made during the course of a supply agreement.
  • Acted for the Claimants in a multimillion pound claim arising out of a developer's failure to use all reasonable endeavours to obtain planning permission for a Strategic Rail Freight Interchange. The case required expert planning evidence to assess the prospect of obtaining planning permission and settled at mediation.
  • Represented the Claimants in a seven figure claim arising out of the sinking of a highly specified private yacht and their insurer’s subsequent attempt to avoid the policy. The claim settled at mediation shortly after Morgan was instructed.
  • Defended a £1.3 million guarantee claim where a factoring company had acted in repudiatory breach of the main agreement before the appointment of administrators and subsequent demand upon the guarantees. Morgan appeared with Leading Counsel in successfully resisting the Claimant’s application for summary judgment.
  • Appeared for the Defendant in a case considering challenges to court’s jurisdiction in arbitration matters during the protocol period. The Claimant sought damages for defects under a construction contract, which the Defendant denied and, alternatively, sought a contribution and indemnity from its architects. Bovis Homes Ltd v Kendrick Construction Ltd [2009] EWHC 1359 (TCC)

Defamation

  • Recovered damages from a regional newspaper which had published articles and pictures identifying the wrong person as an attempted murderer.
  • Defended an individual accused of publishing defamatory statements about a well-known political commentator. The claim was abandoned.
  • Prosecuted numerous claims against online publishers, including claims under the Defamation (Operators of Websites) Regulations 2013.
  • Resisted an application for summary judgment by the publishers of the News of the World against a client seeking damages for breaches of confidence and contract arising out of a trial in the Crown Court following which he was found not guilty. News Group Newspapers Ltd v Capewell (The Guardian, 8 March 2012)