the barristers are all very bright, responsive, cool under pressure

Legal 500

Ryan Hawthorne

Year of Call: 2008

the barristers are all very bright, responsive, cool under pressure

Legal 500

Ryan Hawthorne

Year of Call: 2008

the barristers are all very bright, responsive, cool under pressure

Legal 500

Ryan Hawthorne

Year of Call: 2008

Ryan Hawthorne

the barristers are all very bright, responsive, cool under pressure

Legal 500

Ryan Hawthorne

Year of Call: 2008

Ryan’s principal areas of practice are commercial law, taxation, employment law, injunctions and other emergency relief, fraud and international commercial arbitration.

Prior to joining Devereux, Ryan was a Lecturer in law at the London School of Economics and King’s College, London. His specialist areas included obligations, trusts, restitution and taxation.  

  • Commercial Litigation

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    Ryan has wide experience in commercial litigation in the High Court and County Court as well as internationally - principally in the Dubai International Financial Centre Courts - and arbitration. His expertise is wide ranging covering multi-jurisdictional fraud/tort of deceit, business disputes, commercial contract claims, unjust enrichment, and litigation related to interest rate hedging products.  

    • GFH Capital Limited v Haigh – alleged breach of fiduciary obligations, alleged breach of contract, constructive trusts and worldwide freezing order (DIFC)
    • JK Health & Beauty Technologies Plc v Edgar – alleged breach of fiduciary obligations and alleged breach of contract (High Court, QBD)
    • Shah v Bukhari – alleged joint venture and resulting trusts (High Court, ChD)
    • Enbee Crescent Limited v HMRC – represent directors of company preventing HMRC from unwinding an EBT on insolvency.

    Interest Rate Hedging Products

    Ryan has been instructed to represent and advise in relation to the misselling of Interest Rate Hedging Products. Key cases include:

    • Grangetime Limited v Barclay’s Bank – missold structured collar in breach of section 150 of the FSMA, negligent misstatement and negligent advice (High Court, QBD).
    • Droitwich Medical Centre v Royal Bank of Scotland – missold hedging product and negligent advice (High Court, QBD).

    Fraud/Tort of Deceit

    Ryan’s commercial disputes practice has a strong emphasis on commercial fraud, asset tracing/ value recovery. He has acted in litigation straddling several jurisdictions, advising on strategy and its implementation. Key cases include:

    • Haigh v AlRayes, Patel, GFH Capital Limited, GFH BSC – tort of deceit, conspiracy to injure, vicarious liability and service out of the jurisdiction (High Court, QBD).
    • De Vere v Billing Aquadrome – tort of deceit, agency and vicarious liability.
    • FL & J Acquisitions v XX – tort of deceit, breach of contract and unjust enrichment.

    Secured Lending Disputes 

    Ryan is regularly instructed to advise, draft pleadings and appear in court on behalf of mortgagees and mortgagors. Key cases include:

    • Phillips v Johnson (County Court) – successfully represented P for possession of premises and a separate debt of c. £1m.
    • WF Lupson Limited Pension Scheme v Di Giovanni (County Court) – successfully represented WF in trial regarding possession of premises, the Consumer Credit Act, and defences of undue influence and capacity.
    • GAP Finance Limited v Bee (County Court) – trial for possession order and the application of section 140A-C of the Consumer Credit Act to interest rates.

    Ryan edited Cousins, Law of Mortgages and was a Lecturer in property law at the London School of Economics.

    Professional Negligence

    Ryan has experience of bringing and defending professional negligence claims involving a wide range of professional and other specialist advisers including insurance brokers, solicitors and accountants.

    Ryan’s tax practice crosses over with his professional negligence practice in relation to advice given by tax advisors and accountants; he has acted for a number of companies against accountants and tax advisors and a receiver in relation to his failure to reclaim VAT refunds due to the company.

    • Bottomley v WM Haigh Co Ltd and Haigh Accountants Ltd (High Court, ChD)
    • Stewart v Ryman (Central London County Court)

    Ryan regularly drafts pleadings and advises on merits, quantum and settlement strategies. 

  • Employment

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    Ryan’s practice covers all areas of employment law including restrictive covenants and breach of confidence, breach of contract, wrongful and unfair dismissal, whistleblowing, TUPE, issues of employment taxation and discrimination. He is regularly instructed to advise, draft pleadings and appear in Employment Tribunals, County Courts, and the High Court.

    He has also appeared in multi-day hearings in Employment Tribunals in Scotland, including:

    • Ross v British Telecom Plc (Glasgow ET) – successfully represented BT in three-day hearing re unfair dismissal and unlawful deductions based on participation in the Saveshare scheme.
    • Collins v British Telecom Plc(Glasgow ET) – successfully represented BT in a three-day hearing regarding unfair dismissal and discrimination claim.

    Ryan has experience dealing with conflicts of law – in particular, choice of law, jurisdiction, and recognition of foreign judgments – in an employment context.

    For Injunctions and Restrictive Covenants and Employment Income Taxation see separate headings. 

  • Restrictive Covenants & Injunctions

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    Ryan is regularly instructed in injunction proceedings and other High Court proceedings concerning the enforcement of restrictive covenants and claims of inducing breaches of contract, fiduciary duty and confidence. 

    • JK Health & Beauty Technology Plc v Edgar (High Court, Queen’s Bench Division) – successfully defended an application to strike out a Defence.
    • Bessa v Dena (Central London County Court) – successfully defended an application for a springboard injunction.
    • GFH Holdings v Haigh (DIFC Courts) – represented Haigh in an application to vary a worldwide freezing order.
    • Shah v Bukhari (High Court, Chancery Division) – represented B resisting an application for an injunction.
    • Research Assistant to Andrew Burns on Bean on Injunctions (11th Edn., Sweet & Maxwell, 2012)
  • Sports Law

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    • Sport Capital Limited v GFH Capital Limited (High Court, Commercial Court) – represented Sport Capital in claim for breach of an SPA for the purchase of Leeds United Football Club causing loss of around £35m
    • Charles v Lincoln City Football Club (Lincoln County Court) – represented C in a 4 day trial concerning unjust enrichment (mistake, free acceptance, work done in anticipation of contract, risk and change of position) in respect of services provided as First Team Coach and Assistant Manager. 
  • Tax

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    Ryan has a predominantly litigation based practice in the fields of direct tax. He has particular expertise in employment taxation, tax and judicial review, and avoidance.

    Employment income taxation

    Ryan is the author (with Jolyon Maugham QC and Jonathan Peacock QC) of The Employment Practitioner’s Guide to Taxation (3rd edn, Bloomsbury Publishing, 2014).

    Ryan has extensive experience of advising and acting for taxpayers and HMRC in cases concerning the correct tax treatment of employment income. Ryan is also regularly instructed to advise on employment status issues, settlement agreements and the correct tax treatment of termination payments. Key cases include:

    • Charman v HMRC (FTT) – residence, taxation of shares, restricted shares, and annual payments, concurrent judicial review proceedings.  
    • Holden v Cummins Limited (County Court) – taxation of a payment in lieu of notice, construction of a compromise agreement and jurisdiction.
    • Busby v HMRC and Sainsbury’s (FTT) – taxation of SSP.
    • Kuehne + Nagel Drinks Logistics v HMRC [2012] EWCA Civ 34 – emoluments from employment (as a pupil to Akash Nawbatt led by Ingrid Simler QC).

    Corporate tax and taxation of businesses

    • Enbee Crescent and Houseley (in Liquidation) v HMRC – advised regarding HMRC recouping payments made under an EBT from employees of an insolvent company.
    • McLaren v HMRC (FTT) – deductible expenditure and taxpayer application for trial to be heard in private (as a pupil of Akash Nawbatt).
    • Publication: ‘The Spygate Scandal’, Taxation, 8 November 2012.
    • Publication: ‘Goodwill and Roll-over Relief’ (2013) 4 British Tax Review 562

    Private client and estate planning

    • Inheritance tax planning specifically in relation to ABTs, LDTs, partnership taxation and tax avoidance. 
    • Advised in relation to APN’s for film schemes.
    • Advised in relation to the ECHR (art 6) in relation to a hearing at the FTT.
    • Advised regarding HMRC recouping payments made under an EBT from employees of an insolvent company.
    • Publication: ‘Appealing Questions of Fact’, Tax Journal, 25 October 2013

    Judicial review

    • Charman v HMRC (FTT) – residence, taxation of shares, restricted shares, and annual payments, concurrent judicial review proceedings.
    • Advised on JR in relation to APNs. 
    • Publication: ‘Concurrent Proceedings in Tax Residence Cases’, Tax Journal, 8 March 2013.
    • R (oao Daniel) v HMRC (FTT and UT) – residence and judicial review (as a pupil of Akash Nawbatt).

    Stamp Duty and SDLT

    • Advised in relation to purchase of property and group loss relief provisions.
    • Advised in relation to the purchase of land and construction of a hotel, regarding SDLT TAAR, GAAR, and common law avoidance principles.  

    Prior to joining Devereux, Ryan was a Lecturer in the Law of Personal Taxation at King’s College, London.

Memberships and Associations

COMBAR, PNBA, ELBA

Awards and Scholarships

St John's College, University of Oxford

*Academic Scholar, Lamb and Flag Studentship, Graduate Scholar

Lincoln's Inn

*Lord Denning Scholar, Hardwicke Entrance Award, Levitt Scholar

Leonard Sainer Bar Finals Scholar

Academic

Lecturer in Law, London School of Economics (2009-11)

*Contract, Tort, Land and Trusts

Lecturer in Law, King's College, London (2010-11)

*Personal Taxation