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LH Top ranked 2016
 

Louise Hutton

Call 1998

lhutton@maitlandchambers.com

Louise’s practice covers commercial and chancery litigation and arbitration, including banking and finance litigation, fraud, insolvency/restructuring, company and trusts and estates litigation.

She is recommended in Chambers UK as a leading junior (Band 1) in the fields of Commercial Chancery and Civil Fraud, in Chambers Global as a leading junior (Band 1) in Commercial Chancery, and by the Legal 500 for Banking & Finance and Civil Fraud. Louise is described in Chambers and Partners 2016 as an

“Acclaimed junior who is frequently instructed in heavyweight commercial litigation. Her workload includes notable matters touching upon a wide range of chancery areas, including insolvency, shareholder disputes, breach of trust and reflective loss.”

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, anti-suit injunctions (on various grounds including arbitration agreements; exclusive jurisdiction clauses; and vexation and oppression), issues of disclosure and privilege in complex cases, and proceedings to enforce judgments and orders.

Louise has been called to the Bar of the Eastern Caribbean Supreme Court (BVI).

Areas of practice:

Banking and finance litigation

Re Lehman Brothers International (Europe) (“Waterfall I”) [2015] EWCA (Civ) 485 and [2014] EWHC 704  (appeal to the Supreme Court listed for hearing in October 2016): appeal for directions by the administrators of three companies in the Lehman Brothers group seeking the determination of various issues arising from the fact that LBIE is likely to have a substantial surplus after the payment of all its unsubordinated proved debts. Issues include construction of subordinated debt agreements. Instructed by Dentons.

Lehman Brothers Luxembourg Investments SARL v Lehman Brothers UK Holdings Limited (in administration): claim for declaratory relief in relation to subordinated debt agreements. Instructed by Dentons.

Pine River Asia Master Fund Ltd v Castex Technologies Ltd & Ors: claims relating to alleged share price manipulation in relation to convertible bonds, and consequences for a number of Asset Swapped Convertible Option Transactions (ASCOTs). Instructed by Baker & McKenzie.

Sukhoruchkin v Van Bekestein [2014] EWCA Civ 399 and [2013] EWHC 1993 (Ch): acting for claimants in claims arising out of the management of an offshore investment fund. Instructed by Herbert Smith Freehills.

RBS v Highland [2012] EWHC 1278 (Comm); [2013] EWCA Civ 328: applications for anti-suit injunctions to restrain proceedings in Texas and whether a previous judgment (on sums due following termination of a collateralised debt obligation) should be set aside as having been obtained by fraud. Instructed by Linklaters.

EIIB v AHAB [2011] EWHC 2444 (Comm): acting for a syndicate of banks, headed by EIIB, in their claim to recover sums due under an Islamic financing facility from the Algosaibi partnership, defended on grounds of alleged fraud on the part of Maan Al-Sanea. Instructed by Dentons.

Interactive Investor v City Index [2011] EWCA Civ 837: acting for City Index at first instance and on appeal to the Court of Appeal, defending claims by Interactive Investor for injunctions in relation to the conduct of the “Wind Down Periods” of the white label trading arrangements between Interactive and City Index. Instructed by Macfarlanes.

JPMorgan Chase v Wockhardt: Advising and acting for an investment bank in a claim for sums due in respect of range accrual transactions under an ISDA Master Agreement; issues included non reliance clauses. Commercial Court. Claim settled shortly before trial. Instructed by Allen & Overy.

HSBC v 5th Avenue and Brown: [2007] EWHC 2342 (QB) and [2007] EWHC 2819 (Comm) and [2009] EWCA Civ 296: acting for HSBC, both on appeal to the Court of Appeal (March 2009) and for the eight week Commercial Court trial (at the time, subject to reporting restrictions). 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". Instructed by Allen & Overy.

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.

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.

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:

Yeung v Zhang: proceedings brought by executors of deceased’s estate to recover assets in the possession of the defendant alleged to be held by her on trust for the deceased; alternatively, to have been transferred pursuant to transactions procured by undue influence; freezing and proprietary injunctions. Instructed by Herbert Smith Freehills.

Sukhoruchkin v Van Bekestein [2014] EWCA Civ 399 and [2013] EWHC 1993 (Ch): acting for claimants in claims for dishonest assistance, knowing receipt, unlawful means conspiracy and breach of fiduciary duty arising out of the management of an offshore investment fund. Reflective loss issues in context of freezing and proprietary injunctions. Instructed by Herbert Smith Freehills.

EIIB v AHAB: claims under an Islamic finance facility, defended on grounds of alleged fraud on AHAB (see above). Instructed by Dentons.

HSBC v 5th Avenue and Brown: [2007] EWHC 2342 (QB) and [2007] EWHC 2819 (Comm) and [2009] EWCA Civ 296: successfully acting for HSBC defending 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

Most of Louise’s cases involve a company law aspect. 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.

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

Instructed to act in an LCIA arbitration concerning a joint venture agreement concerning a real estate development.

Insolvency / Restructuring

Re Lehman Brothers International (Europe) (in administration) (“Waterfall I”) [2015] EWCA (Civ) 485 and [2014] EWHC 704  (appeal to the Supreme Court listed for hearing in October 2016): appeal for directions by the administrators of three companies in the Lehman Brothers group seeking the determination of various issues arising from the fact that LBIE is likely to have a substantial surplus after the payment of all its unsubordinated proved debts. Issues include (i) construction of subordinated debt agreements, (ii) currency conversion claims, (iii) statutory interest entitlement, (iv) extent of s.74 liability of members, (v) provability of s.74 liability while company is in administration, (vi) application of insolvency set-off and (vii) application of the Contributory Rule. Instructed by Dentons.

Lehman Brothers Luxembourg Investments SARL v Lehman Brothers UK Holdings Limited (in administration): claim for declaratory relief in relation to subordinated debt agreements. Instructed by Dentons.

BLV Realty Ltd v Batten [2009] EWHC 2994: application to remove administrators on ground of breach of duty to perform their function in interests of company’s creditors as a whole and causing unfair harm to interests of applicant creditor. Instructed by Pinsent Masons.

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.

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:

Griffin v Merrill Lynch Trust Services SA & Ors: acting for minor beneficiary in claim for appointment of judicial trustees; application for without notice injunctive relief. Instructed by Harcus Sinclair.

In the matter of several trusts: advising and acting for the beneficiaries of substantial trusts in relation to issues arising from the failed retirement and appointment of replacement trustees; applications for Beddoes and other relief. Instructed by DWF.

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

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)

Testimonials

Chambers UK

Chancery: Commercial
"She is very impressive, has a good mind and is a good team player as well." "She is very thorough and good at keeping her eye on the bigger picture."  (2017)

"She has very, very good judgement. She is also good at handling difficult people on the other side." (2016)

"She is a hard-working, dedicated and very supportive junior."

"She is responsive, perceptive and very bright." (2015)

"A tremendous team player and someone with genuine integrity. There is real steel beneath that quiet demeanour."

"She has a nice advocacy style - she's not forceful but is highly persuasive."

"Has considerable expertise in both traditional and commercial chancery matters, and is an attractive counsel for complex and international disputes with a trust element." (2014)

"Well-supported in the market." (2013)

"Extremely bright and a pleasure to work with." "An often mentioned characteristic of hers is the capacity for hard work." (2012)

Chambers UK

Fraud: Civil
"She is very experienced." "She is thoughtful and analytical." (2017)

"She really knows her stuff" and "keeps her head when everyone around her is losing theirs." (2016)

"She is really on the ball and works very hard." (2015)

"Highly sought after to advise on civil fraud litigation and injunctive relief. She is viewed as a leading junior in the area."

"She works very hard and is very thorough and user-friendly."

"A tremendous team player." (2014)

"A 'very bright' junior with a significant fraud practice" (2013)

"Is recommended without hesitation if you need a committed, diligent and supportive junior." (2012)

"Widely acclaimed" ... "a really impressive practitioner with a good attention to detail." (2011)

“Immensely able, hard-working and a superb team player." (2010)

Chambers Global

Dispute Resolution: Commercial Chancery
"She has very, very good judgement. She is also good at handling difficult people on the other side." (2017)

“Typically instructed on chancery litigation that involves sophisticated banking and company issues. She receives particular plaudits for her expertise in civil fraud matters.”

Legal 500 UK

Banking & Finance
"Super-responsive, self-assured, very collaborative and a delight to work with." (2016)

"A very approachable barrister who is always there for you; she works phenomenally hard." (2015)

"Always makes herself available, and provides bright, insightful and succinct advice." (2014)

Legal 500 UK

Fraud: Civil
‘"Industrious and hugely able; clients and judges love her." (2016)

"Very experienced in fighting fraud matters; she knows all the tricks of the trade." (2015)

"She has an incredible work ethic and is entirely dependable." (2014)

Legal 500 UK

Private Client: Trusts & Probate.
"Technically superb and a calm presence on a team." (2016)

"She is very bright and prompt with her advice." (2015)