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Gabor Bognar

Gabor Bognar

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Gabor accepts instructions on disputes, as well as non-contentious advisory and drafting matters. He has appeared as sole counsel in the High Court, the County Court, the Employment Tribunal, and before the disciplinary committees of professional regulatory bodies.

Gabor is registered to work on a public access (i.e. direct access) basis. He is an Accredited Civil and Commercial Mediator.

Gabor’s legal skills are complemented by deep commercial and entrepreneurial experience from a 16-year career in investment management and investment banking. Before turning to law, he was a partner at Elsworthy Capital, a fund management business he co-founded. Earlier, Gabor was an investment strategist and portfolio manager for equities at Cheyne Capital. He was an economist at Dresdner Kleinwort (as it then was) and Goldman Sachs, advising on foreign exchange and sovereign bond investments in Emerging Europe and the Middle East.

Gabor completed the BPTC at City University; has an LLM (Qualifying Law Degree) from Birkbeck College, University of London; an MPhil in Economics from the University of Cambridge; and a BA in Economics from Bard College (Annandale, New York). He has also studied at the London School of Economics, the University of Melbourne and the National Law School of India University (Bangalore), amongst others.

Banking

Luwum v Royal Bank of Scotland plc (Queen’s Bench Division, 2017)

Application for stay of warrant of eviction after debtor’s default on secured loan. Debtor intending to sell property and to repay creditor from proceeds of sale (instructed by Bar Pro Bono Unit).

Lowenthal v Bank of Ireland Home Mortgages Ltd (Queen’s Bench Division, 2016)

Negligent undervaluation of property when sold by mortgagee in possession. Successfully resisted application for reverse summary judgment and for strike-out of particulars of claim (instructed by Bar Pro Bono Unit).

Termination of financing resulting in insolvency (Commercial Court, 2016)

Advised defendant bank on disclosure and privilege in relation to litigation valued at £700 million. Bank alleged to have unlawfully terminated financing provided to group of property companies, resulting in latter’s insolvency (instructed by Dentons as part of team).

Firstplus Financial Group plc v Okoye (County Court, 2016)

Assessment of sum owed under loan agreement, including whether agreement was modified to extend repayment period (instructed by Debenhams Ottaway).

Commercial & Chancery

Grenke Leasing Ltd v Queen’s Cross Church of Scotland Aberdeen (County Court, 2017)

Hire agreement relating to printing equipment; alleged breach of contract by hirer. Forum non conveniens. Successfully argued that English court should not exercise its jurisdiction to hear claim (instructed by Church of Scotland).

Re Build Design Construction Ltd and other matters (Companies Court, 2016 and 2017)

Applications for winding-up of companies on petition of creditors. Successfully represented creditors (instructed by Devonshires Solicitors).

Lowenthal v Bank of Ireland Home Mortgages Ltd (Queen’s Bench Division, 2016)

Negligent undervaluation of property when sold by mortgagee in possession. Successfully resisted application for reverse summary judgment and for strike-out of particulars of claim (instructed by Bar Pro Bono Unit).

Reform of statute on company law (2016)

Advised and drafted legislation for public authority in Middle East in preparation for planned reform of jurisdiction’s statute on company law. Focused on directors’ duties and related remedies (instructed as part of team led by Andrew Spink QC).

Ribat Institute v Khan (County Court, 2016)

Enforcement of personal guarantee. Successfully resisted application to set aside default judgment (instructed by Orrick, Herrington & Sutcliffe through Bar Pro Bono Unit).

Expulsion of member from limited liability partnership (London Court of International Arbitration, 2015-2016)

Arbitration. Whether management consultancy to financial services sector had reasonable grounds for expelling member; and whether remaining members of LLP were in breach of express duty of good faith (assisted Benjimin Burgher).

Commercial mortgage default (2015)

Advised receiver appointed after default by borrower on commercial mortgage. Issues included validity of receiver’s appointment; designation of legal charge as security document under loan agreement; and receiver’s personal liability relating to potential retention of title claim by third party (assisted Benjimin Burgher).

Financial Services

Stockbroker’s insistent client policy (2015)

Advised private client stockbroking and wealth management firm on formulation of “insistent client” policy, i.e. procedure to be followed by firm if client wishes to proceed with transaction which is considered by firm not to be suitable and/or appropriate for client in meaning of Financial Conduct Authority Handbook (assisted Oliver Assersohn).

Pensions & Trusts

Alleged negligence relating to occupational pension scheme (2016)

Advised and drafted pleadings for defendant firm of solicitors. Claimant employer and trustees of pension scheme alleged that firm had given negligent advice about amendment of trust deed and rules to change accrual rate and salary definition (assisted David E Grant).

Safeway Ltd v Newton [2016] EWHC 377 (Ch)

Whether occupational pension scheme equalised normal pension age for men and women at 65 on date when change was announced in writing, or on date when trust deed and rules were amended (assisted Andrew Short QC). See: http://www.bailii.org/ew/cases/EWHC/Ch/2016/377.html.

Professional Negligence

Lowenthal v Bank of Ireland Home Mortgages Ltd (Queen’s Bench Division, 2016)

Negligent undervaluation of property when sold by mortgagee in possession. Successfully resisted application for reverse summary judgment and for strike-out of particulars of claim (instructed by Bar Pro Bono Unit).

Alleged negligence relating to occupational pension scheme (2016)

Advised and drafted pleadings for defendant firm of solicitors. Claimant employer and trustees of pension scheme alleged that firm had given negligent advice about amendment of trust deed and rules to change accrual rate and salary definition (assisted David E Grant).

Employment & Discrimination

Mediation settlement (Employment Tribunal, 2016)

Judicial mediation. Represented part-time classroom assistant made redundant in restructuring at primary school. Alleged discrimination on grounds of religion and sex. Obtained written apology and financial settlement (instructed by Pattinson & Brewer).

Lee v McArthur [2016] NICA 39

Refusal by bakery to fulfil customer’s order for cake decorated with words chosen by customer. Whether discrimination on grounds of sexual orientation or political opinion. Whether relevant domestic legislation can be read compatibly with Articles 9 and 10 ECHR (assisted Sarah Crowther). See: http://www.bailii.org/nie/cases/NICA/2016/39.html.

Sanders v East of England Ambulance Service NHS Trust (Employment Appeal Tribunal, 2016)

Gross misconduct by employee. Whether open to Employment Tribunal to form its own view of potential mitigating factors, or whether it must ask only if employer’s decision to dismiss was reasonable (assisted Sarah Crowther).

Disciplinary & Regulatory

Nursing & Midwifery Council v Whitfield (Conduct & Competence Committee, 2016)

Fitness to practise proceedings. Nurse convicted by Magistrates’ Court of driving with excess of alcohol and being drunk while in charge of a child (instructed by Bar Pro Bono Unit). See: https://www.nmc.org.uk/globalassets/sitedocuments/ftpoutcomes/2016/october/reasons-whitfield-cccsh-49508-20160805.pdf.

General Dental Council v Singh (Professional Conduct Committee, 2016)

Fitness to practise proceedings. Misconduct by dental technician: Acting beyond permitted scope of practice, including a charge of dishonesty. Succeeded in submissions that registrant had no case to answer in respect of dishonesty (instructed by Bar Pro Bono Unit). See: http://www.gdc-uk.org/Membersofpublic/Hearings/Pages/default.aspx?Hearing=2761.

General Dental Council v Serrato Marti (Professional Conduct Committee, 2016)

Fitness to practise proceedings. Alleged misconduct by dentist: Using unnecessary force during treatment; continuing treatment after patient withdrew consent; and communicating with patient in inappropriate manner (assisted Matthew McDonagh). See: https://www.gdc-uk.org/Membersofpublic/Hearings/Pages/default.aspx?Hearing=2705.

Public Law

R (AA) v Secretary of State for Home Department [2016] EWHC 1453 (Admin)

Advised on interpreting Immigration Act 1971 as part of defence to judicial review application brought by person claiming to have been unlawfully detained. Whether “child” includes person about whom decision maker mistakenly but reasonably believed that his age was 18 or over; and whether Hansard can be used as aid to interpretation (assisted John McKendrick QC). See: http://www.bailii.org/ew/cases/EWHC/Admin/2016/1453.html.

EU motor insurance directives (2016)

Advised on interpreting EU directives on insurance against civil liability in respect of use of motor vehicles. Whether and, if so, to what extent national law can provide restrictions on general obligation for vehicles to be covered by compulsory insurance (assisted Sarah Crowther).

Alternative Dispute Resolution

Mediation settlement (Employment Tribunal, 2016)

Judicial mediation. Represented part-time classroom assistant made redundant in restructuring at primary school. Alleged discrimination on grounds of religion and sex. Obtained written apology and financial settlement (instructed by Pattinson & Brewer).

Expulsion of member from limited liability partnership (London Court of International Arbitration, 2015-2016)

Arbitration. Whether management consultancy to financial services sector had reasonable grounds for expelling member; and whether remaining members of LLP were in breach of express duty of good faith (assisted Benjimin Burgher).

Appointments & Memberships

  • Lincoln’s Inn
  • Bar Pro Bono Unit
  • Chancery Bar Association
  • Commercial Bar Association
  • Company Insolvency Pro Bono Scheme
  • Competition Law Association
  • Employment Lawyers Association
  • Financial Services Lawyers Association
  • South Eastern Circuit
  • Chartered Financial Analyst designation (CFA Institute)

Awards

  • Wolfson Scholarship (Lincoln’s Inn; 2015)
  • Lord Mansfield Scholarship (Lincoln’s Inn; 2014 – 2015)
  • Hardwicke Entrance Award (Lincoln’s Inn; 2013)
  • External Studentship (King’s College, Cambridge; 1995 – 1996)
  • Jerome Levy Economics Scholarship (Bard College; 1992 – 1995)
  • Eric Warren Goldman Scholarship (Bard College; 1992)
  • Soros Foundation Scholarship (Bard College; 1991 – 1992)

Languages

  • Hungarian (bilingual)
  • Spanish (advanced written)
  • French (intermediate written)
  • Russian (basic)
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