Erin Hitchens

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: erin.hitchens@xxiv.co.uk
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Erin Hitchens has a broad commercial chancery practice and welcomes instructions in all of the areas of work in which Chambers specialises.

She has advised, drafted proceedings and appeared in court, both as sole counsel and as part of a counsel team, on a range of matters including business and contractual disputes, aviation, fraud and asset tracing, trusts and probate, shareholder disputes, insolvency and financial services disputes.

She regularly appears in the High 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, Bermuda, Jersey, the BVI, Anguilla and the DIFC.

Erin is ranked as a leading junior for aviation in the 2023 editions of Chambers & Partners and Legal 500. Clients describe her as “both knowledgeable and user-friendly“, “calm, a clear communicator with a clear and sensible delivery in court“, “tenacious, hard-working, user-friendly”and as having“good intellect, allied to sound legal judgement and commerciality”.

Erin has twice undertaken secondments with solicitors’ practices advising on contentious trusts and succession.

Prior to being called to the Bar, Erin was a solicitor in the corporate department of leading international law firm Herbert Smith.

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

Expertise

Aviation & Travel

Erin is ranked as a leading junior for aviation in the most recent editions of Chambers & Partners and Legal 500. Clients describe her as “one of the best aviation juniors out there, the quiet assassin,” “both knowledgeable and user-friendly“, “calm, a clear communicator with a clear and sensible delivery in court” and as having “good intellect, allied to sound legal judgement and commerciality”.

Her work has included:

FW Aviation (Holdings) 1 Limited v VietJet Aviation Joint Stock Company [2025] Instructed by VietJet on the second trial in a complex dispute involving four Airbus A-321 aircraft leased under a JOLCO structure. The principal issue at the second trial was whether provisions contained in the leases providing for the payment of sums upon breach, in addition to the return of the aircraft, constituted unlawful penalty clauses. Awaiting judgment.
Equatorial Congo Airlines v Blenheim Capital [2024-25] Acting for national airline of Congo-Brazzaville in a claim against a consultancy services provider, alleging that a transfer of the claimant’s fleet of aircraft to the defendant was invalid due to the airline being in insolvency proceedings at the time, alternatively that it is capable of rescission. Involves issues of Congolese law and the application of the decision in Blue Sky One v Mahan Air as to the validity of an agreement entered into concerning an aircraft.
Advising upon threatened claim by an airline against a maintenance facility for condition in which it is alleged aircraft was returned. Includes allegations of gross negligence, claims for direct and consequential loss, in light of exclusion clauses contained in the contract.
GASL Ireland Leasing A1 Limited v Spicejet Limited [2023] EWHC 1107 (Comm); [2022] EWHC 382 (Comm): acting for lessor claiming unpaid sums due under the lease and for breach of return conditions, particularly in respect of the engine. Went to trial in April 2023.
NAS Air Company v Genesis Ireland Aviation Trading 3 Limited [2022] EWHC 176 (Comm): acting for lessor successfully defending a claim for rectification of an aircraft lease and pursuing a counterclaim for breach of return conditions. Went to trial in December 2021.
Ross Leasing Limited v Nile Air [2021] EWHC 2201 (Comm): a successful summary judgment application on behalf of a leasing company for monies due under an aircraft lease. This gave rise to an application for a third party debt order which has become a leading authority on such applications where the arrangement with the third party is governed by an exclusive jurisdiction clause.
ILFC Aircraft 32A-1808 Ltd v Fly Bosnia doo [2023] EWHC 69 (Comm): successful application for summary judgment against airline.
Peregrine Aviation v PIA: acting for lessor, obtained without notice order for delivery up of aircraft on grounds of non-payment of rent.
Ongoing arbitration by aircraft owner against maintenance facility for breach of service contract
ILFC UK Ltd v Olympic Airways SA [2020] EWHC 221 (Comm): acting for two aircraft leasing companies claiming payment of outstanding amounts due under aircraft leases. The defendant’s application to set aside judgment in default was dismissed.
Arbitration against guarantors pursuant to an aircraft leasing arrangement, including successfully defending a jurisdiction challenge.
WWTAI AirOpCo II DAC v BH Air Ltd: obtained summary judgment for a financing and leasing company for payment of sums due under two engine leases.
Al-Salam Leasing 1 v Bin Omeir Holding Group LLC: obtained summary judgment for a Bahraini bank in a claim for damages for various breaches of the terms of an aircraft hire purchase arrangement.
Instructed on behalf of an aircraft operator and insurer in relation to a claim for contribution by a travel agency following an aircraft incident, with connected proceedings in Ethiopia.
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.
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.

Banking & Financial Services Disputes

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)).

Erin was also on the panel of Counsel advising the Independent Third Party in relation to the complaints from small business customers of RBS’s Global Restructuring Group.

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 Recovery

Currently instructed by one of many defendants to multi-party fraud involving FX trading, where allegations include misrepresentation, breaches of contractual and fiduciary duty and conspiracy and the total sum claimed is in excess of £80 million (Voltaire v Watson & others).
Currently instructed by defendant in fraud claim where it is alleged various parties conspired to extort money from the claimant in Georgia, including allegations of procuring breach of contract and dishonest assistance. This is currently awaiting the hearing of a jurisdiction challenge.
Currently instructed by claimant seeking recovery of fraudulent transfers by bank relationship manager to entities controlled by him (Astra Global v Narayan).
In December 2020 Erin appeared as sole counsel on behalf of one of the defendants in Akhmedova v Akhmedov and others. The claims against her client were made pursuant to s.423 Insolvency Act 1986 to set aside transactions allegedly made for the purpose of putting assets out of reach of a party to matrimonial proceedings.
Erin was instructed on behalf of the Defendant in a claim brought by investors against him in his capacity as former CEO of an insurance group. alleging fraudulent misrepresentation and conspiracy (Alcock & Others v Dewsall).
Erin has recently successfully obtained a gagging injunction and Norwich Pharmacal order in a multi-jurisdictional dispute involving allegations of fraud and conspiracy by the claimant’s business associates.
Erin was instructed by Gulf Air in a fraud claim in the Commercial Court against a former employee and other entities, claiming damages for misrepresentation, breach of contract, breach of fiduciary duty, dishonest assistance, knowing receipt and conspiracy (Gulf Air v One Inflight and others). This has involved in particular obtaining a WWFO and successfully defending disputes to jurisdiction.

Commercial Litigation

In addition to her aviation work, Erin is instructed on a wide range of commercial and contract related disputes and regularly appears as sole counsel and as part of a team in the High Court in trials, case management hearings and interlocutory applications including summary judgment, applications for injunctions, security for costs and enforcement orders. Her experience has included:

San Leon Energy v Taqa Offshore (2019-2022): Erin was instructed in a claim to recover unpaid oil revenue royalties.
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 and pursuing a counterclaim for breach of return conditions (NAS Air Company v Genesis Ireland Aviation Trading 3 Limited).
Currently instructed on behalf of an aircraft leasing company claiming unpaid sums due under the lease and for breach of return conditions (GASL Ireland Leasing A1 Limited v Spicejet Limited)
Led by Steven Thompson, Erin was instructed on behalf of the Defendant for trial regarding the ownership of a domain name and trade mark pursuant to the terms of an asset sale agreement and alleged breach thereof (Hanger Holdings v Croft).
Instructed on behalf of a funding provider in the luxury goods industry in a claim against Asprey London for the return of monies held by Asprey and for which it has not accounted. Asprey has counterclaimed for loss of profits arising from an alleged breach of contract by Globex (Globex International FZE v Asprey London Limited).
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.
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)
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)).

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:

Currently representing (2024) defendants to unfair prejudice petition where petitioner alleges her shareholding was unfairly diluted and her excluded, due to go to trial at the beginning of next year (Re Oranmore Precast Limited).
Currently acting for a petitioner on an unfair prejudice petition who has been removed as director then the assets of the company diverted to another entity under the control of another director/shareholder (Re Key People Limited)
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

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 court in both personal and corporate insolvency.

She is currently instructed for the Petitioner on an appeal from a dismissal of a winding-up petition on the grounds the debt was disputed.

Erin is also instructed on behalf of a former director defending claims by an insolvency practitioner alleging transactions at an undervalue, transactions defrauding creditors and preferences.

Erin successfully obtained an order giving permission to serve a bankruptcy petition out of the jurisdiction on a member of the Saudi royal family.

She was previously been 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

Trusts, Probate & Estates

Recent cases include:

In 2022, Erin appeared at trial as sole counsel and successfully defended a claim in the Business and Property Court between family members of the deceased, in which it was alleged that shares in family companies held by the defendants were held upon trust for the deceased and were subsequently assigned by the deceased to the claimant (Bhabra v Suri).
Erin is currently instructed on behalf of the adult beneficiary of a trust established to provide for his maintenance following a personal injury settlement, bringing claims for the removal of the trustees and reconstitution of trust assets on grounds of breach of trust.
Acting for the daughter of a wealthy individual who died domiciled in Bahrain, defending claims brought by his second wife in relation to his English estate relating to who is entitled to a grant and which assets fall within the estate (Qadhi v Al Qaseer).
Acting for former members of a religious group in a dispute concerning whether certain assets are held subject to a charitable trust or on behalf of individual members of the group, and as to the identity of the trustees.
Advising, in the context of a claimant dying during the course of litigation, whether his personal representatives should continue the claim on behalf of his estate and the merits of making a Beddoes application.
Instructed on behalf of a personal representative bringing a claim against a family member who wrongly obtained probate and distributed or dissipated estate assets (McAllister v Herbert).
Perry v Lopag and others: Erin was instructed in this long-running multi-jurisdictional dispute between the beneficiaries of family trusts and the trustees, in relation to proceedings in the Cayman Islands and BVI involving allegations of wrongdoing against the trustees of the family trusts.
In re a Trust (2017, unreported, British Virgin Islands, High Court): instructed in relation to a construction summons in the BVI High Court in which the court determined whether or not a condition subsequent had been fulfilled releasing the trustees from liability to indemnify third parties (and from an obligation to retain a portion of trust property to fortify the indemnity).
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. Erin was instructed in the lead up to trial in Jersey.
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.
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.
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.

Erin has twice undertaken secondments with solicitors’ practices advising on contentious trusts and succession with an emphasis on charity beneficiaries.

Recommendations

Aviation and Travel

Chambers and Partners

‘Erin Hitchens is increasingly sought out as junior counsel in difficult commercial disputes. She has notable experience in complex leasing and insurance matters and is often instructed in significant cases in the aviation sector by aircraft leasing and airline clients.’ ‘She has great judgement and her written work is really good.’ (2025)

‘She has been a tremendous asset. She gets to the heart of the matter very quickly, which saves time and costs.‘ ‘Erin is very sharp and practical. She is also very strong on paper and a really good team player.‘ ‘Erin has a great eye for detail and can come up with very creative legal arguments. In court, she fights points well and is tenacious.‘ (2023)

Legal 500

‘Erin is one of the best aviation juniors out there. The quiet assassin.’ (2025)

‘Erin is one of the most experienced aviation juniors around with a hugely-effective understated, but tough, style of advocacy.’ (2023)

: +44 (0)20 7691 2424
: erin.hitchens@xxiv.co.uk
: Contact Clerks
: Add to portfolio
: Download CV (PDF)
: Download vCard

Publications

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

Academic History

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

Professional Memberships

ChBA (The Chancery Bar Association)
COMBAR (The Commercial Bar Association)

Languages

French

Business Details

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

Call 2006

Perry Brown

Cordelia Sears

Morgan Williams