Christopher Arrowsmith - Director
Background
Chris is a director of Simcocks and heads the dispute resolution department and steers the team to adopt a commercially realistic approach to every case.
He fosters a "can do" philosophy and his energy and drive have helped the group attract some very high calibre recruits. The Legal 500 has described him as "one of the best, if not the best on the Island, and a match for anyone at the London Bar."
Chris thrives on highly confrontational litigation particularly involving judicial review/public law challenges, cross-border disputes and advising those who are the target of, or affected by evidence gathering applications made by foreign states or regulatory bodies.
His reputation generates many referrals and he is able to put together and lead teams who can deal with highly complex matters. Chris has a wide variety of clients both domestic and international. He acts for private individuals, multi-nationals, SMEs, regulators, and NGOs.
Chris has been described as, "an excellent advocate – marked as the star of his generation," as well as being "punchy and on the ball" managing to be both an "aggressive litigator and defender" and "tremendously supportive" to his clients. Researchers have also said he is an "enthusiastic fighter who works hard and is full of ideas” and is "professional, discreet and reassuring."
Commissioner for Oaths and Notary Public
Admissions
- Admitted Isle of Man 1993
- Called to the Bar of England and Wales 1990
- Barrister of the Eastern Carribean Supreme Court - British Virgin Islands 2012
Education
- Brunel University (LlB (Hons) 1989)
Memberships
- Isle of Man Law Society; Bar of England and Wales (Grays Inn) (non-practising)
- International Bar Association
- Human Rights Lawyers Association
Selection of Reported/UnReported Cases
Treasury v. Diamond [2000] (Unreported)
(Directors Disqualification proceedings).
Re: Kenneth Richardson [1996-98] MLR N-9
(Judicial review of the Attorney General's powers to render assistance to a foreign Court).
In Re: The Petition of Power Management Limited (in Liquidation) (Unreported)
(October 2001) - Review of the Court's ability to Order costs as against a non party, to litigation, in terms of relevant Manx statutory provision.
In re: West Quay Limited [2001-03] N-12
(Landlord and Tenant - Determination of tenancy - break clauses).
Dowty v. Willan [2001-03] MLR 56
(Interpretation of documents - extrinsic evidence).
Commissioners of Peel Town v. Murfitt [1993-95] MLR N-9
(Multiple occupancy - statutory definition).
Gardiner v. Oakley [ Renshaw v. Culverhouse] [1999-01] MLR N-12/13
(Appellant Court 's ability to draw inference from primary facts).
R v. Fulcher and Shaw [2001-03] MLR N-8
(Abuse of process - stay application - missing evidence).
Re: Tenerife Royal Gardens (Sales) Limited [1996-1998] MLR 470
(Contract - mistake of fact - damages and misrepresentation under a fair contract term 1980).
Re: Culverhouse v. Graley 2004 (Unreported)
(Defence of the former Head of the Isle of Man Constabulary Fraud Squad. No case to answer - committal proceedings - Test to be applied).
In re Malew Parish Commissioners
(Judicial review of ministerial decision re planning).
In re: World Duty Free Company Limited (in Receivership) [Unreported]
(February 2004) - Review of the Lex-situs Rule as applicable to Isle of Man companies and the determination of the legal/beneficial ownership of Isle of Man companies flowing from litigation elsewhere that purported to resolve ownership.
In re Navigator Group of Companies [2004] (unreported)
(Conflict of laws - Enforcement Orders made in US Chapter 11 Bankruptcy Proceedings - Letters of Request - Orders relating to transfer of shares).
Re: Navigator Group of Companies ( 23rd August 2005)
(Review of the approach to be adopted by the Court where a creditor, of significant value, seeks the Winding Up of an insolvent company, but where another, minority in value, creditor, does not - arguments included a review of the principles of res judicata and issue estoppel together with arguments on abuse of process where proceedings connected to the indebtedness had previously been before the Courts).
Re: Culverhouse v. Powell (2000)
(Defence of former Senior Civil Servant within the Health Service - no case to answer - criminal proceedings - test to be applied).
Re: International Trust and Management Services (IOM) Ltd (March 2005)
Review of the basis upon which the Court should consider competing claims, of constructive trust in the context of investment into insolvent company including analysis of illegal contracts in the context of investments into a unregulated investment vehicle.
Re: Petition of Gladstone (March 2005)
Application by an American Chapter 7 trustee and bankruptcy seeking recognition and enforcement of her appointment in the Isle of Man in relation of funds held in the Isle of Man. An analysis of the case law involved with recognition and, on the facts, an analysis of how the discretion to assist, should be exercised.
