Year of Call: 1998

Profile

Louise’s practice is focused primarily in commercial and chancery litigation, including banking and finance litigation, fraud, insolvency/restructuring, company and trusts and estates litigation.  She is recommended in Chambers UK as a leading junior in the fields of civil fraud and insolvency/corporate recovery and she is recommended by the Legal 500 for private client (trusts and probate).

Louise's current and recent cases include:

Advising and acting for an investment bank in a claim for sums due under an ISDA Master Agreement.  Commercial Court.  Instructed by Allen & Overy.

Advising and acting in a fraudulent misrepresentation claim in the Chancery Division.  Jurisdiction application to be heard in early 2010.  Instructed by Stephenson Harwood.

HSBC v 5th Avenue & Ors: instructed by Allen & Overy for HSBC, both on appeal to the Court of Appeal (March 2009) and for the eight week Commercial Court trial.  HSBC successfully defended claims arising from the bank fraud perpetrated by Michael Brown, the Liberal Democrat donor convicted for that fraud.  The trial was one of The Lawyer's "Top Trials of 2007".

Parkwood Property Investments LLP v Pacific International Management Inc: instructed by Norton Rose in a Commercial Court claim for damages for breach of a share purchase agreement.

Birley & Anor v Birley & Ors: instructed by Boodle Hatfield in proceedings relating to the validity of the late Mark Birley's will.

Louise is instructed for both advisory work and advocacy.  She has extensive experience of advocacy in both the Chancery Division and the Commercial Court.  Her experience includes applications for freezing orders and other interim injunctions, issues of disclosure and privilege in complex cases, and proceedings to enforce judgments and orders.

Areas of Practice

Banking and finance litigation

Advising and acting for an investment bank in a claim for sums due under an ISDA Master Agreement. Commercial Court.  Instructed by Allen & Overy.

HSBC v 5th Avenue and Brown LTL 2/12/08: various claims arising from bank fraud (see above).

Acting for an investment bank in obtaining without notice injunctive relief to restrain misuse of commercially sensitive confidential information.  Chancery Division proceedings settled.  Instructed by Allen & Overy.

Air and General Finance Ltd v RYB Marine Ltd & Others: instructed by the administrative receivers of companies operating a marina to defend proprietary claims brought by finance company to the proceeds of sale of certain yachts (Chancery Division and Admiralty Court claims listed to be heard together; proceedings subsequently settled).

Shalson v Russo [2005] Ch 281: Chancery Division trial involving asset tracing and other issues arising from fraud using sham bank accounts.  Instructed by Allen & Overy.

The Society of Lloyd’s v Tropp [2004] EWHC 33: validity of service on substitute agent of defendant domiciled abroad.  Instructed by the Society of Lloyd’s.

Civil fraud and asset tracing

Experience includes acting and advising in relation to substantial fraud and asset tracing proceedings, involving claims of constructive trust, dishonest assistance, knowing receipt, deceit/misrepresentation and restitution.

Cases include:

Advising and acting in a fraudulent misrepresentation claim in the Chancery Division.  Jurisdiction application to be heard in early 2010. Instructed by Stephenson Harwood.

HSBC v 5th Avenue and Brown LTL 2/12/08 (Commercial Court) and 6/4/09 (Court of Appeal): various claims arising from bank fraud (see above).  Instructed by Allen & Overy.

Shalson v Russo [2005] Ch 281: civil fraud, asset tracing and contempt of court.  Chancery Division.  Instructed by Allen & Overy.

R v Kelly, McGovern and Munday: during 2002 Louise was instructed by the Crown as part of the team prosecuting an eight month investment fraud trial.

Company law

Experience includes advising and acting in relation to shareholders’ disputes, claims against directors for breach of fiduciary duty, and proceedings for the disqualification of directors, as well as advising on technical issues such as financial assistance and the reduction of capital.

Instructed in relation to a complex arbitration under UNCITRAL rules relating to a shareholders’ dispute involving British, US and Liberian interests.

Insolvency / Restructuring

Varied advisory and advocacy experience includes injunctions to restrain presentation / advertisement of winding up petitions, public interest winding up petitions (including in relation to financial services businesses), technical applications under the insolvency legislation, and acting and advising in relation to proceedings brought by and against administrators, liquidators and trustees in bankruptcy.

Recent instructions in this field include a successful application to court for an administration order against the background of s994 petition and cross-petition as well as advice to administrators in relation to issues arising in relation to the process of their appointment, and advice to administrators on issues arising during administration.  She was also instructed to advise in relation to the Four Seasons restructuring.

Cases include:
 
Mills v Fielding & Others: acted (for claimant trustee in bankruptcy of Michael Fielding, the Lawrence Graham partner convicted of stealing from the firm’s client account) in successfully opposing challenge to English court’s jurisdiction over claim for repayment of loan made by bankrupt.  Proceedings subsequently settled shortly before trial.  Instructed by Halliwells.

Air and General Finance Ltd v RYB Marine Ltd & Others: instructed by the administrative receivers of companies operating a marina to defend proprietary claims brought by finance company to the proceeds of sale of certain yachts (Chancery Division and Admiralty Court claims listed to be heard together; proceedings subsequently settled).  Instructed by Osborne Clarke.
 
Law Society v Balendran [2004] BPIR 859: attempt to relitigate issues decided in bankruptcy proceedings by way of annulment application an abuse of process.  Instructed for the Law Society by Wright Son & Pepper. 

Re BRAC Rent-A-Car International Inc [2003] 1 WLR 1421: administration order, EC Regulation on Insolvency Proceedings 2000, company incorporated in USA.  Instructed by SJ Berwin.

Partnership

Experience includes advising and acting in relation to proceedings following the dissolution of various professional and business partnerships, disputes with former partners and the taking of partnership accounts.

Trusts and Estates Litigation

Experience includes (in addition to general advice and advocacy in relation to the administration of estates and execution of trusts) advising in relation to substantial offshore trusts, applications for accounts and inquiries, applications for the removal of executors and administrators, advising and acting for the litigation friends of minor beneficiaries, Court of Protection proceedings and Inheritance Act claims.

Cases include:

Birley and Anor v Birley and Others: instructed (by Boodle Hatfield) to act for the litigation friend of the late Mark Birley's grandson in proceedings relating to the validity of his will.

In the matter of a trust: contested confidential application for directions by trustees of a very substantial trust.  Instructed by Allen & Overy.

Shalson v Russo [2005] Ch 281: sham trusts.  Instructed by Allen & Overy.

Also substantial experience (as detailed under other headings above) of litigation involving the application of trusts law in the commercial context, in particular in the context of fraud or insolvency proceedings.

Memberships
Chancery Bar Association, COMBAR, ACTAPS (Association of Contentious Trust and Probate Specialists) and the Commercial Fraud Lawyers Association (committee member)

Qualifications
BA (Oxon)

Chambers UK - Fraud: Civil
“immensely able, hard-working and a superb team player" (2010) ".... widespread market approval. Solicitors and leaders highlight her work ethic and 'fantastic eye for detail,' which all add up to make her 'a great junior to have on hand'." (2009)

Chambers UK - Insolvency/ Corporate Recovery
"She's formidably intelligent and confident beyond her years - we are very impressed." “has a varied practice that includes the main areas of commercial chancery litigation … "(2008) “a pretty ideal junior,” assert clients. She is greatly in demand due to her “tireless appetite for work and steadfast determination to get things right.” (2009) (Louise) is known for being "totally calm under fire," and displays both "great commercial instinct and a huge appetite for work." (2010)

Legal 500 - Private client: personal tax, trusts & probate
Is recommended (2009)