Heather has a rich and varied commercial chancery practice, which ranges from Court of Protection cases to aviation disputes. She regularly appears in court: both as sole counsel and as part of a team. Heather has also been seconded to two leading firms of solicitors.

Heather has a particular interest in the impact of insolvency and loss or lack of capacity in the context of her wider practice areas of trusts and probate and commercial disputes. Further, many of Heather’s cases do not conform to single areas of practice. However, by drawing on the range and depth of her work, her time on secondment, and her court experience, Heather is able to offer clients practical advice and solutions.

Her recent court hearings include

  • Thiyagarajah v Rajadurai October 2018. In this case, Heather successfully represented the Claimant in trial in Central London County Court determining the beneficial ownership of a property
  • Times Travel (UK) Limited and Nottingham Travel Limited v Pakistan International Airlines Corp [2018] EWHC 1820 (Ch), July 2018. Heather successfully represented the Claimant with Philip Shepherd QC in an on-going case concerning travel agents remuneration and the measure of quantum meruit.
  • Kerman v Akhmedova [2018] EWCA Civ 307; February 2018. Heather, with Philip Shepherd QC, represented the appellant solicitor against a witness summons and disclosure order made in family proceedings.

In order to see further examples of Heather’s work, click below on the Areas of Experience

Areas of experience

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  • Aviation

    Times Travel (UK) Limited and Nottingham Travel Limited v Pakistan International Airlines Corp [2018] EWHC 1559 (Ch) and [2018] EWHC 1820 (Ch), on-going

    Heather acts, with Philip Shepherd QC, for the travel agents in a claim against PIA for remuneration. The claim involves questions of the IATA Regulations, relief from sanctions, disclosure of electronic documents and the taking of an account.

     

    Aquila WSA Aviation Opportunities II Limited v Onur Tasimacilik A.S. [2017] EWHC 1259 (Comm)

    Heather acted, with Stephen Cogley QC, for the defendant in a claim relating to the lease of an aircraft engine.

    Heather regularly appears in the High Court and County Court on aviation matters, including for airlines in relation to the EC Regulation 261/2004 and Montreal Convention.

    She has experience of cases involving delayed flights, cancelled flights as well as denied boarding, lost luggage and delays with extraordinary circumstances. She was counsel for the matter of Evans v Flybe Ltd (2014) where she successfully defended the defendant airline’s use of credit card charges.

    Heather has also dealt with matters arising in respect of aircraft mortgages, maintenance contracts and wet leases.

    Heather recently spoke at the 2015 Aviation Litigation Conference, London on the revised EU jurisdiction regime and implications for aviation claims.

  • Banking and Financial Services

    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).

     

  • Civil Fraud, Asset Tracing & Recovery

    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

     

  • Commercial Litigation

    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.

  • Company

    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

     

  • Insolvency
    Heather is regularly instructed on bankruptcy and corporate insolvency. She has also acted in petitions presented against partnerships. Further, she has also been involved in a number of applications to annul bankruptcies as well as extend administrations and 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 also acted in bankruptcies to secure or prevent the sale of the bankrupt’s real property.

     

  • Partnership and Joint Ventures

    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.
  • Professional Negligence

    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

     

  • Real Estate Litigation

    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.

  • Trusts, Probate & Estates

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

    As sole counsel, she has advised on both the law and tactics arising in a question of contested domicile of the deceased in a cross-border probate dispute, as well as dealing with the rectification of deeds, post death variations and actions against Personal Representatives.

    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.