Amanda is a very experienced commercial and Chancery barrister. She specializes in commercial disputes of all kinds, shareholder disputes, company and partnership law, civil fraud, contentious trusts and probate and property litigation.

Amanda has been involved in some very significant cases.  Amanda recently successfully represented global investment firm The Carlyle Group plc defending a claim for more than $1 billion arising out of the collapse of a Guernsey investment fund specialising in mortgage-backed securities.  The case involved allegations of misfeasance, breach of directors’ duties and wrongful trading.  The judgment handed down in September 2017 dismissed all claims against Carlyle (Carlyle Capital Corporation Limited v Conway and others (Guernsey Judgment 38/2017)).

Amanda also acted for the  Royal Bank of Scotland at first instance, in the Court of Appeal and in the House of Lords in the leading case of RBS v. Etridge [2001] 3 WLR 806.  Amanda was also engaged in the very high profile civil fraud case (AWG v. Morrison) defending a £100 million claim arising out of a company takeover which was one of  The Lawyer Top 10 trials of the year.

Amanda has considerable experience and expertise in cases involving highly technical issues, accounting, scientific and medical.  She also has several years experience of sitting as Chairman of Mental Health Review Tribunals.

Areas of experience

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  • Civil Fraud, Asset Tracing & Recovery

    Throughout her practice Amanda has specialised in cases involving fraud, arising in many different contexts including insolvency, commercial disputes, takeovers joint venture and shareholder agreements and unfair prejudice petitions. Examples include:

    • The AWG v. Morrison case which was a very substantial civil fraud case arising out of the takeover of a listed company
    • The Pathfinder litigiation and other unfair prejudice petitions and joint venture cases arising in the context of property development
    • A claim arising from the sale of shares in a film production company with allegations of fraud
    • A trial in the High Court concerning fraud and undue influence and the validity of assignments of patents relating to sewage processes
    • The Barlowe Clowes litigation where Amanda acted for members of the Barlowe Clowes family defending claims to recover assets
  • Commercial Litigation

    Amanda is a highly regarded junior in this area. She has acted in a wide range of commercial contractual disputes involving many different factual and technical areas including several cases concerning allegations of civil fraud. She is at her most effective when dealing with very high volumes of factual and technical evidence and with compex accounting and financial issues.

    Some examples of her experience in this field include:

    • The AWG v Morrison case which was a high profile civil fraud case arising out of the takeover of a listed company. The case settled at the outset of a trial listed for nine months. In the course of this litigation Amanda successfully represented the First Defendant in the Court of Appeal in his application to recuse the trial judge (AWG v Morrison [2006] 1 WLR 1163)
    • A claim arising from the sale of shares in a film production company with allegations of fraud
    • A contractual claim concerning military radios supplied to Saudi Arabia
    • Two substantial contractual claims concerning defective computer software
    • Several claims concerning Formula 1 Racing teams
    • Acting for the Lloyds names in the Clementson litigation
    • A trial in the High Court concerning fraud and undue influence and the validity of assignments of patents relating to sewage proceeses
    • Proceedings under the Financial Services Act 1986 concerning an unauthorized investment of around £10 million and jurisdiction under the Brussels Convention
    • A commercial disputes involving two jurisdictions concerning the manufacture of chemical distribution units
  • Company

    Amanda has acted in numerous cases involving company law issues. In particular she has frequently advised and represented clients bringing and defending petitions alleging unfair prejudice. She regularly handles cases concerning directors’ duties and other company law issues such as returns of capital, financial assistance and the validity of meetings and resolutions. Amanda also has in depth knowledge of contentious and non contentious partnership matters. She has drafted several partnership deeds and acted in many cases involving the taking of accounts, breaches of fiduciary duty, construction of partnership agreements and the appointment of receivers. Notable examples include :

    • Currently involved in high value litigation arising out of the liquidation of a Carlyle investment vehicle involving Delaware and Guernsey among other jurisdictions.
    • Acting for Terry Venables in the Venables/Tottenham Hotspur litigation.
    • Acting in relation to several petitions concerning property development companies and quasi partnerships including the Pathfinder litigation.
    • Re R W Peak (King’s Lynn) Limited [1998] BCC 596: a case concerning the formalities for carrying on business within a company, unlawful returns of capital and rectification of the company register.
    • Acting for a publicly listed company in a substantial claim against its former directors on the basis of breach of fiduciary duty involving points about unlawful remuneration, financial assistance and unlawful returns of capital.
    • Acting for a leading clearing bank advising on company law issues.
  • Insolvency

    Amanda has conducted a wide range of work in both personal and corporate insolvencies. She advised in the BBCI and Barlow Clowes insolvencies. In the former she acted for Deloitte & Touche over a period of several years advising in relation to costs and expenses in Court proceedings in Luxembourg. In the latter she was involved in defending tracing claims into assets. Other notable examples of her insolvency work include :

    • Re UOC Corp [1997] 2 BCLC 569: A case concerning a provisional liquidator’s remuneration and expenses.
    • Appearing in the Chancery Division in a case concerning the entitlement to deduct post liquidation interest from third party security.
    • Acting on numerous occasions for administrative receivers in disputes concerning set offs, assignments, fixed and floating charges and actions alleging breach of equitable duty.
    • Acting for a Trustee in Bankruptcy in a Chancery Division action concerning the right to rectification of a mortgage and French and English principles of limitation applicable to mortgages and guarantees.
  • Partnership and Joint Ventures

    Amanda has in depth knowledge of contentious and non contentious partnership matters as well as quasi partnerships and joint ventures. She has drafted several partnership deeds and acted in many cases involving the taking of accounts, breaches of fiduciary duty, construction of partnership agreements and the appointment of receivers. Examples include:

    • Drafting partnership deeds for two firms of solicitors
    • Acting in partnership insolvency proceedings involving the construction of partnership indemnities
    • Acting for a dentist in the taking of a five day partnership account
    • Acting in for a general practitioner in the taking of a dissolution action
    • Acting in several joint venture cases involving allegations of breach of the joint venture agreement, breaches of fiduciary duty and fraud. In particular Amanda has acted in relation to several joint venture agreements in the film and media industries.
  • Real Estate Litigation

    Amanda has advised and represented clients in cases concerning a wide range of property issues. In  particular she has an expertise in the area of mortgages and guarantees. From an early stage of her practice she advised and appeared on behalf of numerous lenders borrowers and wives of borrowers in trials concerning the validity of security documentation.  Noted examples of her experience include:

    • Appearing in the Chancery Division and in the Court of Appeal on behalf of a wife in a case concerning the enforceability of  a third party charge : Halifax Building Society v. Stepsky [1996] CH 1(first instance) [1996] CH 207 (CA).
    • Appearing in the Chancery Division, the Court of Appeal and the House of Lords on behalf of the Royal Bank of Scotland in the leading case concerning the enforceability of third party charges and undue influence: Royal Bank of Scotland v. Etridge [2001] 3 WLR 806.
    • Appearing in the Court of Appeal on behalf of a borrower/mortgagor relying on the Humans Rights Act to seek a retrial : Barclays Bank v. Colman [2001] QB 20.
    • Advising and appearing on behalf of a leading clearing bank in a case concerning standard mortgage redemption penalties.
    • Advising a leading clearing bank on its internal guidelines concerning the taking of third party security.
    • Acting and appearing in a case concerning the availability of suspended possession orders in relation to secured commercial lending.
    • Acting in a case concerning the enforceability of mortgages in a case concerning allegations of void transfers and non registration.
    • Acting for a Trustee in Bankruptcy in an action in the Chancery Division concerning rights to rectification of a mortgage and French and English principles of limitation applicable to mortgages and guarantees.
  • Trusts, Probate & Estates

    Amanda has considerable experience in contentious trusts and probate, as recognised by her recommendation in Chambers & Partners. She has appeared in Court in trials and interlocutory hearings and advised in a very substantial number of trusts and probate cases. She has a particular expertise in challenging wills and lifetime gifts as well as the equitable remedies and causes of action relevant to such claims. She has acted in very many probate disputes on behalf of individuals in relation to estates where the testator is alleged to have suffered from incapacity due to conditions such as dementia, schizophrenia or depression all of which ties in with her expertise in these areas gained as Chairman of Mental Health Review Tribunals. She has been instructed in many cases where undue influence is alleged due to her well known expertise in undue influence gained from the case of RBS v Etridge. She has acted and advised in numerous Inheritance Act claims for wives, co-habitees, children and trustees. Some noted examples of her experience include:

    • Acting in a major probate dispute in the Chancery Division concerning mutual wills and secret trusts in relation to a £7 million estate.
    • Acting for the beneficiaries challenging a substantial estate on the grounds of undue influence and lack of testamentary capacity. This case settled after a two week trial and involved expert psychiatric evidence as well as expert evidence of Jewish law.
    • Acting for family members and trustees defending a probate challenge to relation to another very substantial estate principally brought on the grounds of undue influence and want of knowledge and approval.
    • Acting for several charities in a case concerning secret and half secret trusts and conflicts of laws in relation to several millions of pounds located in Switzerland and proceedings in Switzerland.
    • Acting for several charities in a dispute in the Chancery Division concerning rectification of wills, deeds of variations and undue influence.
    • Appearing for a leading charity in a case concerning the duties of personal representatives to advise charitable beneficiaries of the possibility of a tax saving deed of variation. Cancer Research v. Ernest Brown [1998] PNLR 592.
    • Advising a leading clearing bank on trust issues arising out of the operations of its Bahamian branch under English and Bahamian law and, as part of this assignment, working in the Bahamas.