Heather has experience in both investment and retail banking. She advised on the LIBOR investigation into a major global bank as part of her 6-month secondment to the FSA, which provided her with extensive regulatory experience.

Heather also advises banks and customers. Some of her recent work includes:

• advised on the scope of Royal Bank of Scotland v Etridge (No 2) [2001] UKHL 44, in
  particular what, if any duties it imposed on the lending bank.
• advised on a mis-selling case concerning consecutive and concurrent interest rate hedging products (IRHP,
  “swaps”).

She has also advised on a number of cases of allegedly negligent advice in relation to investments, particularly unsuccessful tax schemes (such as the film partnership schemes).

Heather has appeared on applications by liquidators and has experience of the appointment of receivers. She regularly appears in relation to charging orders and third party debt orders.

Her recent work includes

• advised on a transaction procured by emails from a hacked email account.
• advised and acted in a matter relating to payment allegedly procured by fraudulent representations.
• acted in relation to the recovery of overpaid legal aid.

In Fame Hall Holdings v James Wilson [2015] she recently successfully resisted a relief from sanctions application that sought to obtain relief from the decision to strike out a defence under CPR 3.4(2)(c) and enter judgment worth approximately USD $11 million. The underlying claim was for breach of statutory or fiduciary duty against a de facto or de jure director defendant

Heather also has experience of asset tracing and recovery through the prism of her insolvency work. She has been involved in cases in 2015 including:

• acted to recover unlawfully declared and paid dividends.
• the examination of company officers

Heather advises and appears on a broad range of commercial litigation. Her recent cases include disputed contracts of hire and disputes relating to the supply of goods. She also has experience in issues arising from factoring agreements and guarantees, including successfully arguing for the non-enforceability under the Statute of Frauds 1677 of a guarantee.

Her recent work includes:

• successfully represented the defendant in Love Love Ltd v Glamour Plus (2014), a three-day trial concerning the manufacture and supply of fashion garments in the fast fashion industry;
• in Frontier Estates v Berwin Leighton Paisner [2014] EWHC 4203 (Ch), appeared at first instance and was led on appeal on a matter which concerned an “in – time” application to extend the period for service of particulars of claim.
• provided English law expert evidence on the nature and effect of a “put and call” option.
• Fame Hall Holdings v James Wilson [2015]: successfully resisted a relief from sanctions application that sought to obtain relief from the decision to strike out a defence under CPR 3.4(2)(c) and enter judgment worth approximately USD $11 million.

As well as final hearings, Heather is also experienced in procedural applications including applications for relief from sanctions, injunctions, security for costs, and civil restraint orders.

She also has experience of disputes over commission payments, recruitment agency fees and recovery of solicitors’ fees.

Heather has also been involved in a number of disclosure processes and has considered and advised upon issues that arise during disclosure, including questions of privilege.

As well as appearing regularly on insolvency matters relating to companies, Heather has been involved in a number of cases involving shareholder agreements and breaches of directors’ duties.

Her recent work includes:

• appeared on a contested application for an injunction relating to confidential information and employee departures
• advised trustees in relation to the disputed sale under a shareholders’ agreement of shares that were trust assets
• acted in relation to the contested joint venture/share sale in relation to the development of property
• acted in applications for company restorations in order to receive payments awarded under the interest rate hedging product redress scheme
• acted in applications to rectify the Companies’ Register outside the scope of the Companies Act 2006

Her recent work includes

• acted to recover unlawfully declared and paid dividends.
• acted to obtain court approval for a settlement by an infant of insolvency proceedings.
• appeared on an application to cross examine company officers.
• advised on the death of an insolvents and the assignment of claims which fell within the estate.
• acted on an application to vary an injunction restraining the presentation of a petition.
• acted on a contested bankruptcy on a foreign debt of a foreign national.

Heather has advised on a number of partnerships, limited liability partnerships and joint venture matters, particularly in relation to ventures for development of property.

Her recent work includes:

• advised in relation to a venture to develop and market software and hardware;
• acted inrelation to the contested joint venture/share sale in relation to the development of property
• acted in a joint venture dispute on the issue of the state of the account between the parties
• advised in relation to the obligations and liabilities of a partner and the estate of the deceased after the death of one partner.

Heather has advised on a number of matters of professional negligence, particularly legal professionals. She has also advised on negligent investment advice in relation to purported tax efficient structures.

Her recent work includes

• advised in relation to allegedly negligent advice on the terms of a lease
• advised in a number of cases on negligent advice given in relation to investments designed to reduce tax liabilities

Heather deals with both court and advisory aspects of real estate litigation. As well as applications for possession matters, charging orders and orders for sale, Heather has also acted on boundary disputes and relief from forfeiture matters.

Her recent work includes

• advised on the scope of Royal Bank of Scotland v Etridge (No 2) [2001] UKHL 44, in particular what, if any duties it imposed on the lending bank. She also considered as part of that advice the role and scope of subrogation.
• successfully represented the defendant in case where it was alleged that the burden of a positive covenant passed with the defendant’s land.
• advised in relation to allegedly negligent advice on the terms of a lease.
• advised on the contested sale of property by executor and beneficial owner.

Heather’s other advisory work encompasses proprietary estoppel, rectification of trust deeds and potential easements.

Heather has been involved in a number of disputes regarding trusts and proprietary estoppel.

She has also advised on questions of undue influence and questions of construction.

In led matters, she has been involved in offshore trust disputes regarding mismanagement of trust funds, Beddoes applications, as well as the administration of a complex estate with a homemade will. She also has experience of questions involving mutual and mirror wills.

Her traditional chancery practice extends to work in the Court of Protection, and her insolvency experience lends well to dealing with insolvent estates and the death of bankrupts.

Trusts

Her recent trusts work includes

• advising on the cloak of mediation privilege;
• assisted in an international trusts dispute regarding the mismanagement of the trust fund;
• advised trustees in relation to potential conflicts of interest;
• advised trustees in relation to the disputed sale under a shareholders’ agreement of shares that were trust assets;
• considering questions of privilege in requests for disclosure of trust documents;
• acted in a claim to recover trustee’s fees;
• acted in a claim involving waiver of privilege;
• assisted in a breach of duty claim against trustees for failure to supervise the investment of the trust fund;
• advised on the revocation of a trust.

Court of Protection and lack of capacity

Heather has recently

• advised on a dispute on the adequacy of social services offers and P regaining capacity;
• acted on a matter in which P was removed from the jurisdiction
• acted in a contested application to appoint a property and affairs deputy
• advised on the loss of capacity of a party during proceedings
• obtained court approval of a settlement of insolvency proceedings by an infant.

Probate

Heather’s recent work includes

• advised on a claim against executors of a will, including allegations of undue influence
• advised on the consequences of a failed testamentary gift to a charity
• advised on contested sale of property by executor and beneficial owner
• assisted with Larke v Nugus statements
• advised on the retirement and replacement of executors
• advised the death of an insolvent
• advised on a case concerning the contested domicile of the deceased.