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Gabor Bognar

Gabor Bognar

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To find out more, contact Nick Levett (+44 (0)20 7427 4908) or call us on +44 (0)20 7353 6381 for a confidential discussion.

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Gabor’s practice has three focus areas. First, chancery work, with an emphasis on contentious private client matters and pensions. Second, commercial disputes, often in the context of banking and finance. Third, private international law, covering issues of jurisdiction, applicable law, plus the recognition and enforcement of judgments. In addition he has an interest in, and experience of, immigration and asylum work.

Gabor has appeared as sole counsel in the High Court, the County Court, the Employment Tribunal, the First-tier Tribunal (Immigration and Asylum Chamber), and before the disciplinary committees of professional regulatory bodies.

He is instructed by professional clients primarily on disputes where proceedings are imminent or ongoing. Gabor is qualified to work on a public access (i.e. direct access) basis. He accepts such instructions relating to cases where litigation is already underway.

Gabor is a Civil Mediation Council registered mediator. He accepts instructions to act as a mediator, or as a mediation advocate, both from professional clients and on a public access basis.

In 2017, Gabor completed a secondment to the Financial Conduct Authority. There, he worked in the General Counsel’s Division, advising on disputes and proposed transactions of regulatory interest, specifically in relation to insurance, investments and pensions.

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 previously 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 has an LLM from the London School of Economics; 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). In addition, he has studied at the University of Melbourne and the National Law School of India University (Bangalore), amongst others. Gabor undertook the BPTC at City University, London.

Commercial & Chancery

Gabor acts in a wide range of commercial and chancery matters, including business-to-business and business-to-consumer contract litigation, as well as company law disputes involving alleged breaches of fiduciary and/or statutory duties by directors. He has also provided advice or representation relating to matters such as the enforcement of personal guarantees, the restoration of companies to the Register, and retention of title clauses. Gabor is experienced in insolvency litigation, particularly proceedings for the compulsory winding up of companies.

Examples of recent matters:

Action for specific performance of mediation settlement agreement. Dispute about ownership of equitable interest in a variety of residential properties. Whether settlement agreement can be rescinded based on misrepresentation and/or for other reasons. Whether specific performance should be resisted on ground that claimant had “unclean hands”. Advised one of defendants. M v M (Chancery Division, 2018).

Actions for debts under contracts related to defendants’ memberships in timeshare resort clubs. Each club structured as unincorporated association. Whether amendment of clubs’ respective constitutions incompatible with their “fundamental object”. Successfully represented claimant. Macdonald Resorts Ltd v Caldwell (County Court, 2018); Macdonald Resorts Ltd v Channing (County Court, 2018).

Flight delay. Claims for compensation under EU Regulation 261/2004. Whether illness of first officer, which occurred hours before scheduled departure, amounted to “extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken”. Represented air carrier. Ashraf v British Airways plc (County Court, 2018).

Restoration of company to Register of Companies, after it had been struck off for non-compliance with filing obligations. Represented creditor, which wanted to pursue claim against struck-off company for breach of contract. Motocorsa Ltd v Registrar of Companies (County Court, 2018).

Claim for non-payment under contract, whereby motorcycle distributor had agreed to finance production of motorcycles by designer/manufacturer. Advised distributor. Drafted defence and counterclaim. Sleeman v Motocorsa Ltd (County Court, 2018).

Mutual allegations of breach of contract. Claim brought by company active in fashion retailing against its former provider of digital marketing agency services. Advised agency. Drafted defence and additional claim against third parties. Fashion Retailer v Marketing Agency (Chancery Division and County Court, 2018).

Assured shorthold tenancy. Defended action for repudiatory breach of covenant of quiet enjoyment and covenant of repair. Successfully represented landlord and obtained costs order against tenant. Kwok v BCSSS Property GP Holding Ltd (County Court, 2018).

Breaches of consultancy agreement for facilitating sale of farmland to developer. Advised consultant, who was prevented by landowners from continuing to perform contract. Drafted letter before claim. Consultant v Landowners (2017-2018).

Dispute between two directors of company, each a 50% shareholder. Mutual allegations of breaches of directors’ duties, including of diversion of corporate opportunities. Advised director excluded form management of business. Director v Director (2017-2018).

Director’s failure to repay loan taken from company. Represented company and obtained favourable settlement. Nights Gone Wild Ltd v Verhagen (County Court, 2017).

Application for annulment of bankruptcy order against individual. Advised debtor. Re B (County Court, 2017).

Applications for winding-up of companies on petition of creditors. Successfully represented creditors. Re Build Design Construction Ltd and other cases (Companies Court, 2016 and 2017).

Reform of company law statute in a jurisdiction in Middle East. Advised on directors’ duties and related remedies. Drafted legislation for public authority (instructed as part of team led by Andrew Spink QC). Company law reform (2016).

Enforcement of personal guarantee. Successfully resisted application to set aside default judgment. Ribat Institute v Khan  (County Court, 2016).

Arbitration. Expulsion of member from a limited liability partnership in management consultancy sector. Whether remaining LLP members had reasonable grounds for expulsion. Whether breach of express duty of good faith (assisted Benjimin Burgher). Expulsion of LLP member (London Court of International Arbitration, 2015-2016).

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). Commercial mortgage default (2015).

Appointments & Memberships

  • Lincoln’s Inn
  • Bar Pro Bono Unit
  • Chancery Bar Association
  • Civil Mediation Council
  • Financial Services Lawyers Association
  • Society of Trust and Estate Practitioners, Affiliate Member
  • 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)

Gabor Bognar is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

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