Home > Barristers > Erin Hitchens

    Erin has a broad commercial practice and welcomes instructions in all of the areas of work in which Chambers specialises. She has advised, drafted proceedings and appeared in Court on a range of matters including contractual disputes, trusts and probate, insolvency, aviation, shareholder disputes, mis-selling claims and financial services disputes.

    She regularly appears in the High Court and County Court on applications, interlocutory hearings, petitions and trials. She has also been instructed in relation to proceedings in several offshore jurisdictions including the Cayman Islands, Jersey, the BVI, Anguilla and the DIFC relating in particular to trusts and funds.

    More details of Erin’s experience in the practice areas in which Chambers specialises can be found under the headings below.

    Prior to being called to the Bar, Erin was a solicitor in the corporate department of leading international law firm Herbert Smith.  She has twice been seconded to the contentious trusts department of leading law firms.

    Areas of experience

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    • Aviation

      Erin has a particular interest in aviation work and has been involved in a number of high-profile cases in the High Court.  Her work has included:

      • Currently acting for an aircraft leasing company defending a claim by an airline for maintenance contributions in a total sum of US$13 million allegedly arising under a lease (NAS Air Company v Genesis Ireland Aviation Trading 3 Limited).
      • Instructed in a fraud claim in the Commercial Court by Gulf Air against a former employee and other entities, claiming damages for misrepresentation, breach of contract, breach of fiduciary duty, dishonest assistance, knowing receipt and conspiracy, including obtaining a WWFO (Gulf Air v One Inflight and others).
      • Instructed on Ethiopian Airlines’ claim against Honeywell and others, in relation to the Boeing Dreamliner fire at Heathrow in 2013 (Ethiopian Airlines v Honeywell and others).
      • Claim on behalf of the purchaser of a part-share in an aircraft seeking the return of US$4m paid on the grounds of non-delivery, alternatively damages for breach of contract or conversion (Sheikh Kaki v NAS).  After this claim was successful the defendant brought a retaliatory claim against the claimant which Erin successfully defeated by an application for summary judgment (NAS v Sheikh Kaki).
      • Defending a claim by an injured passenger for negligence against the manufacturer of an engine part.
      • Defending a claim against an aircraft maintenance company for alleged overcharging and breaches of duty of care and skill in the provision of maintenance to a Cessna 152 Aircraft.
      • Claim by seller of aircraft for damages following purchaser’s failure to complete on the sale (Lunar Jet v American Aircraft International)
      • In 2010, led by Steven Thompson, representing Air France in a dispute involving the sale by Air France of six Boeing 747s (Eagle Aircraft Leasing v Air France (2009-2010)). The case concerned the delivery condition of the aircraft and documentation pursuant to the sale and purchase agreements and local regulatory requirements.
      • Defending a dispute surrounding the manufacture, sale and purchase of aircraft components in accordance with regulatory requirements.
      • Representing the defendant airlines in various different claims made by a passenger for compensation under EU Regulation 261/2004.
    • Banking and Financial Services

      Mis-selling claims

       Erin has experience of a wide variety of mis-selling claims (acting for financial institutions, other businesses and retail customers). She has developed particular expertise in disputes arising from the sale by various major banks of interest rate hedging products (including swaps, caps, floors and collars) to small business customers. Recent cases include:

      • Defending a claim against Allied Irish Bank alleging mis-selling of a bond on the basis of mis-information and negligent advice.  Erin successfully defended this at trial (Garvey v AIB).
      • A claim by a small family-run company against NatWest/RBS alleging in the first instance that the swap transaction was not properly concluded, in the second instance misrepresentation and/or breach of duty (Mid-Sussex Homes v NatWest/RBS)
      • Acting for Barclays Bank in two separate claims made against it by customers alleging that IRHPs had been mis-sold to them.
      • Advising on and drafting proceedings by an individual against Clydesdale Bank in relation to mis-selling of Tailored Business Loan which effectively worked like a structured collar
      • Advising upon a possible claim by a large company relating to a swap covering debt in region of £300million.

      Other banking

      Erin was led by Francis Tregear QC on the trial of this claim for damages against RBS. The Claimant hedge fund invested in a property portfolio, the investment being by way of syndicated loan. RBS held the top £500m layer which was secured by a credit default swap. RBS also acted as agent for the lenders. The allegation was that RBS should have informed the lenders that the fund was running out of cash and needed restructuring (Torre Asset Funding Limited v RBS [2013] EWHC 2670 (Ch)).

      Financial Services

       Bringing and defending claims under FSMA 2000, with particular emphasis upon claims against professional advisors and promoters for misrepresentation, breach of contract, negligence and/or breaches of the Conduct of Business Sourcebook.

    • Civil Fraud, Asset Tracing & Recovery

      Erin is currently instructed in a fraud claim in the Commercial Court by Gulf Air against a former employee and other entities, claiming damages for misrepresentation, breach of contract, breach of fiduciary duty, dishonest assistance, knowing receipt and conspiracy, including obtaining a WWFO (Gulf Air v One Inflight and others).  This has involved in particular obtaining a WWFO and successfully defending disputes to jurisdiction.

      She has been instructed on a number of international trust disputes involving breach of trust and asset tracing. She assisted Counsel in a conspiracy and tracing claim in the Chancery Division brought by the Zambian Government against the former President of Zambia and other parties (Attorney General for Zambia v Meer Care Desai & ors [2007] EWHC 952 (Ch)).

    • Commercial Litigation

      Erin is instructed on a wide range of commercial and contract related disputes and regularly appears in the High Court and County Court in trials, case management hearings and interlocutory applications including summary judgment, applications for injunctions, to set aside judgment in default, standard and specific disclosure, third party debt orders and charging orders. Her experience has included:

      • Watson and others v Watchfinder – representing the defendants to a claim for specific performance of an option agreement which turned upon the scope of an implied term and whether it had been breached.
      • Ardilla v ENRC – acting for the claimant in a claim for deferred consideration following the sale of an oil mining operation in Brazil. The Defendant alleged that the payment provisions had not been triggered.
      • Defending claim against pharmaceutical distributor for alleged breach of contract, breach of fiduciary duty and conspiracy (Zanza v Kent)
      • Acting for two of several defendants to a claim for conversion of goods purchased from an administrator and which it was said were subject to a retention of title clause (MDM Leisure Ltd v Baleday and others)
      • Acting for the defendants to a claim for alleged non-payment for services provided which turns upon the construction of a contract and whether that contract was varied (TRU (Bristol) Ltd v Asustek UK Ltd)
      • Claim by solicitors for payment of fees relating to a company restructuring which was defended on the grounds that the solicitors had agreed that the fees would be paid by the company in breach of financial assistance regulations. The claim was successful at trial.
      • Claim for the delivery up of a number of ambulances leased by the bank and then passed on to the defendant; culminating in obtaining an order for contempt of court against the defendant upon his refusal to deliver up (AIB v Clarke)
      • Acting for claimant in claim for damages following failure to deliver up a share in a Gulfstream 450 aircraft; this has involved a number of applications for service out of the jurisdiction and alternative service upon a defendant in the Kingdom of Saudi Arabia (Sheikh Kaki v NAS)
      • Defending a claim against an aircraft maintenance company for alleged overcharging and breaches of duty of care and skill in the provision of services (Dempsey v Sylmar)
      • Claim by seller of aircraft for damages following purchaser’s failure to complete on the sale (Lunar Jet v American Aircraft International)
      • Acting for Air France in a dispute involving the sale of six Boeing 747s, revolving around the delivery condition of the aircraft and documentation pursuant to the sale and purchase agreements and local regulatory requirements (Eagle Aircraft Leasing v Air France (2009-2010)).
      • Defending claim against IT support provider for negligent provision of services and counterclaiming for payment for those services (Rullion v Bond)
      • Instructed by clients in the DIFC to prepare several applications to be heard by various courts of the DIFC. These have included an appeal from an enforcement order of the High Court, a strike out application, an application for an injunction restraining a party from bringing further proceedings, defending an application for a third party debt order and bringing proceedings in the small claims tribunal. Each has involved the analysis and application of the Civil Procedure Code for the DIFC
      • Defending a financial trader against claims of breach of a contract for provision of services and/or professional negligence

      A dispute regarding the payment of commission pursuant to an agreement between an English language school and a third party and counter-allegations of breach of contract (Student Connect v New London College)

    • Company

      Erin has a broad and comprehensive company law background from her time as a solicitor in the corporate department of Herbert Smith.  As Counsel, she specialises in shareholder disputes and has advised and appeared upon a number of petitions brought pursuant to s.994 Companies Act 2006 or for winding up on just and equitable grounds:

      • Acting for a petitioner who had been unfairly dismissed from his position as director by his co-shareholder, who also belatedly alleged that he had not paid for his shares (Re Hague Constructions Limited)
      • Advising upon and representing a neutral director who faced applications from director/shareholders in disputes for disclosure of documentation.
      • Acting for one of two former partners of a solicitors’ practice in relation to a lengthy dispute arising from the division of assets upon dissolution of the partnership (Bottrill v Harling)
      • Acting for the petitioner who was alleging that her co-shareholder/director had diverted business and behaved in a manner that caused harm to the company (Re Stege Limited)
      • Petition with associated cross-petition in which both shareholders in what was essentially a 50/50 quasi-partnership are accusing the other of diverting assets from the Company and various breaches of duty (Fawzi Faisal Thorpe Al-Etli v Gentec and others)
      • Defending a derivative claim brought by one 50/50 shareholder against the other on the grounds that he had diverted assets of the company to other group companies (Wells v Odds)
      • Appearing in the High Court on a petition brought pursuant to s.994 Companies Act 2006 in which she successfully argued on behalf of the petitioner that his fellow director/shareholder had unfairly  excluded him from the management of the company, misappropriated company funds and unconstitutionally re-aligned the shareholding of the company in his favour (Lantsbury v Hauser and another [2010] All ER (D) 35)
      • Petition for the winding up of a company on just and equitable grounds where there was complete deadlock between the two shareholder/directors (In the matter of Shannon Estates (Eire) Limited) Obtaining an injunction to restrain threatened breaches of confidentiality by the former director of a company
      • Advising on the extent and enforceability of directors’ duties
      • In addition Erin has advised on numerous disputes among financial contributors to companies where little or no formal arrangements are in place
    • Hedge Funds & Structured Investment Vehicles

      In the matter of Matador Investments (2012): Erin was led by Francis Tregear QC in relation to a Cayman fund called Matador. The principal issue was whether there was a valid gate on redemption where such a gate was contained in a PPM but an investor had been enticed into investing on the basis of representations to the effect that a gate would not apply. The Claim was brought within a Cayman Islands liquidation in the context of an appeal against the liquidator’s adjudication that the gate was effective.

      Torre Asset Funding Limited v RBS [2013] EWHC 2670 (Ch): Erin was led by Francis Tregear QC on the trial of this claim for damages against RBS. The Claimant hedge fund invested in a property portfolio, the investment being by way of syndicated loan. RBS held the top £500m layer which was secured by a credit default swap. RBS also acted as agent for the lenders. The allegation was that RBS should have informed the lenders that the fund was running out of cash and needed restructuring.

    • Insolvency

      Erin has built up a broad insolvency practice and regularly appears in the High Court and County Courts in both corporate and personal insolvency.

      She is presently instructed on a claim by liquidators against a former director of a company for wrongful trading and breach of duty in which the most significant trade was of a Lehman note subject to an obligation to repurchase the note a month later, which obligation was never met.

      Her other insolvency work includes:

      • Applications for injunctions restraining presentation or advertisement of winding up petitions Applications to appoint provisional liquidators
      • Application for permission to use a prohibited name pursuant to section 216 Insolvency Act 1986 Applications in relation to administrations, including extension of the period of administration Regular appearances in County Courts and before Registrars pursuant to bankruptcy petitions
      • Applications to set aside statutory demands Applications for annulment of bankruptcy orders Applications for private examination of a bankrupt
      • Advice on the applicability of limitation periods in the context of a bankruptcy
      • Advice on the potential liability of an administrator for rent charged on real property used in the course of an administration
    • Professional Negligence

      Erin’s recent work includes:

      • Advising on the merits of a claim against a firm of solicitors for professional negligence in its handling of a personal injury case
      • Advising the liquidators of a company on the merits of a claim for negligence against the former auditors of that company on the grounds of inadequate disclosures in the financial statements
      • Defending a financial trader against claims of breach of a contract for provision of services and/or professional negligence
      • Advising upon a claim involving allegations of negligent will drafting
    • Real Estate Litigation

      Erin’s property practice includes:

      • AIB Group (UK) Limited v McCarthy – acting for a lender seeking to enforce a charging order against a property where the borrower alleged that his wife held the entire beneficial interest in the property.
      • AIB Group (UK) Limited v Clarence Place Properties – acting for a lender seeking possession where the borrower alleged that the terms of lending had been varied so that repayment was dependent upon the completion of repairs to the property.
      • Advising trustees in bankruptcy upon the existence or otherwise of a constructive trust in favour of a co-owner and/or occupancy.
      • Peniel Church v Reid: defending possession proceedings on the grounds of proprietary estoppel and/or a constructive trust.
      • Bishop v Chhokar: – on behalf of the defendant and counterclaimant in a claim by a former tenant for compensation for improvements made to property pursuant to an alleged contract and a counterclaim for unpaid rent.
      • Advising upon and appearing in applications for declarations as to beneficial entitlement under the Trusts of Land and Appointment of Trustees Act.
      • Advising on co-ownership of property and an application to Court to amend the land registry entry.
    • Trusts, Probate & Estates

      Recent cases include:

      • Perry v Loapg and others: ongoing multi-jurisdictional dispute between the beneficiaries of family trusts and the trustees.  Erin is instructed in relation to proceedings in the Cayman Islands and BVI.
      • Crociani and others v Crociani and others (2015) 17 ITELR 624, [2014] UKPC 40, [2014] All ER (D) 287 (Nov), [2014] JCA 095, and [2014] JCA 089: major trust litigation in both Jersey and Mauritius, involving claims for more than US$100 million for alleged breaches of trust.
      • Bringing and defending claims pursuant to the 1975 Act, including most recently defending a claim made by a former partner of the deceased, on behalf of her son.
      • In the context of ongoing divorce proceedings, advising a party in relation to a proposed allegation that a loan by the other party’s family for the purpose of purchasing a property was a sham and was actually a gift (Alpha v Scott)
      • Re Sri Lankan Muslim Community Foundation of Milton Keynes – appearing on behalf of a trustee of the charity against whom some of the other trustees had made allegations and obtained an injunction. The injunction was lifted and costs ordered against the other trustees.
      • In the matter of the Shanklin and District Liberal Club Limited – application by the joint liquidators of the club for directions as to the distribution of assets amongst members upon dissolution.
      • In the matter of the TP Towle Gift Trust – application by the trustees for directions as to the distribution of trust assets to various charities prior to the trust being wound up.
      • Applications both in the UK and offshore for the removal of trustees and appointment of new trustees.
      • Advising an offshore trust company upon the potential costs consequences of not having made a Beddoes application before defending proceedings and ways to minimise the costs liability.
      • Erin regularly appears in matters relating to trusts of land, frequently in the context of a bankruptcy and/or enforcement by lenders. These have included:
      • AIB Group (UK) Limited v McCarthy – acting for a lender seeking to enforce a charging order against a property where the borrower alleged that his wife held the entire beneficial interest in the property.
      • Advising trustees in bankruptcy upon the existence or otherwise of a constructive trust in favour of a co-owner and/or occupant.
      • Peniel Church v Reid: defending possession proceedings on the grounds of proprietary estoppel and/or a constructive trust.
      • Advising upon and appearing in applications for declarations as to beneficial entitlement under the Trusts of Land and Appointment of Trustees Act 1996.
      • Advising on co-ownership of property and an application to Court to amend the land registry entry.

      Erin has twice undertaken secondments with solicitors’ practices advising on contentious trusts and succession with an emphasis on charity beneficiaries. She has acted in a wide variety of probate claims including contesting the validity of wills, applications for the removal of executors, challenging inter-vivos gifts, allegations of undue influence, applications in relation to the administration of the estate and under the Inheritance (Provision for Family and Dependants) Act 1975.

    Academic history

    • BA (Hons) Emmanuel College, Cambridge (First Class)
    • Pg Dip Law (Distinction)

    Professional memberships

    • Chancery Bar Association

    Publications

    • Erin is a contributor to International Trust Laws (Jordans, loose-leaf)

    Languages

    • French

    News about Erin Hitchens

    Entire Agreement Clause upheld in favour of aircraft lessor and evidence of negotiations ruled inadmissible3 March 2020

      Academic history

      • BA (Hons) Emmanuel College, Cambridge (First Class)
      • Pg Dip Law (Distinction)

      Professional memberships

      • Chancery Bar Association

      Publications

      • Erin is a contributor to International Trust Laws (Jordans, loose-leaf)

      Languages

      • French

      Business details

      • VAT number: 912443352
      • Registered name: Erin Claire Hitchens