A wealth of commercial experience (over 18 years at the commercial and business/property Bar, taking silk in 2018), combined with a calm, approachable personal style noted by clients and legal directories throughout her career (“…if there’s a war going on, she will bring calmness to the storm” (Chambers & Partners) mark Lyndsey out as a skilled and effective mediator.

With a warm and thoughtful approach and an instinctive grasp of the emotional contexts of a dispute, Lyndsey is able to communicate with participants in mediations with sensitivity and insight, establishing extremely effective rapports with parties and legal advisors alike which often proves to hold the key to breaking through in areas which might otherwise hold up progress towards compromise.

Lyndsey conducts mediations with a highly experienced eye on the legal and risk frameworks of disputes. Drawing on her high-value commercial and international litigation experience, and her government and regulatory practice, to bring an analytical approach to the legal, commercial objectives of mediation, Lyndsey’s method is to ground herself, in each case, in thorough preparation and to use her legal expertise to ensure a rigorous underpinning for each mediation. Throughout her practice at the Bar Lyndsey has been consistently recommended as a leading practitioner in commercial and business restructuring/insolvency work (directories describing her as “outstanding”, “offering an incisive knowledge of the law” (Legal 500) and “very forthright and precise in her advice” (Chambers & Partners).

Lyndsey’s litigation practice has a broad commercial and private-client compass with a particular specialism in conducting company and insolvency-related litigation for and against government departments (with significant experience as an Attorney-General’s panellist representing the UK government), and in conducting professional disciplinary tribunal hearings for and against regulatory bodies. She has a high reputation as regards her government-based experience in the fields of corporate responsibility and directors’ and fiduciary duties and was for many years standing counsel to the Association of Chartered and Certified Accountants (ACCA) in respect of disciplinary matters concerning insolvency practitioners where, led by Malcolm Davis-White QC, she successfully prosecuted the largest and highest profile hearing heard before an ACCA Disciplinary Committee, attracting wide press attention. In addition to her domestic public and private practice, she has conducted multi-million pound litigation and arbitrations in the Dubai International Finance Centre (where she is called to the Bar and recently completed a complex DIFC-LCIA arbitration concerning minority shareholder rights, misrepresentation claims and allegations of fraud in respect of high-profile participants in a pan-national investment fund. The dispute encompassed related proceedings in Madrid and in the DIFC court), the British Virgin Islands, the Cayman Islands and Hong Kong. Directories note that Lyndsey “…stands out due to her skill at handling complex international cases.” (Chambers & Partners)

Lyndsey has particular interest in, and extensive experience of, shareholder disputes, matters relating to company ownership and shares (including minority shareholder disputes, unfair prejudice, expulsion/dissolution, misrepresentation and derivative claims) and financial issues (including breach of fiduciary duty, corporate responsibility and proprietary, as well as personal, claims). Participants in mediation processes in these areas often, although not always, wish to achieve a clean-break. Lyndsey’s combination of personality and high-calibre legal experience is effective at breaking through often complex histories of mistrust which can otherwise pose an obstacle to negotiation. Her depth of litigation knowledge enables her to reality test the parties’ positions and desired outcomes in order to move confidently towards pragmatic settlement.

With her experience as a former trustee of the mental health charity MIND, Lyndsey has a special interest in mediating matters with a mental health dimension, or with an emotional or well-being aspect, including matters relating to the Court of Protection. These issues frequently (although not exclusively) arise in private client litigation where Lyndsey (a member of ACTAPS) has respected experience encompassing trusts, probate and estates. She has particular experience in Inheritance (Provision for Family and Dependants) Act 1975 cases and matters involving the Attorney-General. She has acted for some of the largest charities in the UK in testamentary capacity claims and recently represented unborn beneficiaries in an application for court approval of settlement in relation to an estate worth £37.5m.

Lyndsey also has an interest in faith-based disputes of all types. She is Chancellor for the Church of England diocese of St Albans. As Chancellor, Lyndsey deals with petitions for faculty permissions relating to church buildings. Lyndsey is able to mediate in respect of issues concerning religious matters outside the diocese of St Albans.

Lyndsey is a qualified, accredited mediator.

de Mestre, Lyndsey The Legal 500 - The Clients Guide to Law Firms

Areas of experience

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  • Arbitration

    Lyndsey advises and acts in the arbitration of complex insolvency, commercial fraud, company and contract related disputes both in the United Kingdom and abroad, most recently in a complex DIFC-LCIA arbitration concerning minority shareholder rights, misrepresentation claims and allegations of fraud in respect of high-profile investors in a pan-national investment fund. The dispute encompassed related proceedings in Madrid and the DIFC court. Arbitration is by its nature confidential. However, if you would like to discuss this area, please contact Paul Horsfield or Perry Brown for further information.

  • Civil Fraud, Asset Tracing & Recovery

    Lyndsey’s experience is in long-running, multi-jurisdictional civil fraud cases often taking many years to come to trial. Notable examples include:

    AWG v Sir Fraser Morrison & ors: with Lawrence Cohen QC and Amanda Harington, defending a high profile civil fraud arising out of the takeover of a listed company. The case settled at the outset of a trial listed for nine months.

    OJSC TNK-BP Holding v Beppler & Jacobson & 12 ors [2012] EWHC 3286 Ch: with Stephen Moverley Smith QC, a claim by a Russian company against a connected company’s former employee. The issues involved included bribery, conspiracy, recovery of assets across multiple jurisdictions, tracing and forum conveniens.

    Lyndsey recently acted as sole advocate for a group of Spanish investors in complex DIFC-LCIA arbitration concerning minority shareholder rights, misrepresentation claims and allegations of fraud in respect of high-profile investors in a pan-national investment fund. The dispute encompassed related proceedings in Madrid and the DIFC court. Arbitration is by its nature confidential. However, if you would like to discuss this area, please contact Paul Horsfield or Perry Brown for further information.

  • Commercial Litigation

    Lyndsey is experienced in a wide range of commercial and contract related disputes, domestically and internationally, including the following:

    • Acting successfully for the US SEC seeking the lifting of the moratorium in order to progress English proceedings to recognise a $60m US judgment obtained in respect of fraudulent late trading on the securities exchange ([2012] EWHC 5426 Ch).
    • Arbitration concerning misrepresentation claims and allegations of fraud, injunctive and declaratory relief and damages in respect of breaches of shareholders agreements, repudiation of shareholders agreements and share buy-outs in the BVI.
    • Advisory and drafting work in respect of LiDAR contractual disputes for the provision of coastal survey data.
    • Advice to Swiss clients on assignment of debt owed by former National Bank of Yugoslavia to the Czech Republic into an SPB shell company in the BVI.
    • AWG v Sir Fraser Morrison & ors: with Lawrence Cohen QC and Amanda Harington defending a high profile civil fraud arising out of the takeover of a listed company. The case settled at the outset of a trial listed for nine months.
    • Extensive experience in general commercial litigation (including breach of contract, misrepresentations during the sale of shares, construction of contracts, partnership disputes).
    • Breaches of settlement agreement.
    • Platinum Investment Trust v Knox D’Arcy Asset Management Ltd [2006] EWHC 1893 (led by Stephen Moverley Smith QC) seeking rectification of a deed giving entitlement to share warrants to former managers of a trust fund.
  • Company

    One of Lyndsey’s key fields of expertise is advice and litigation relating to directors’ disqualifications. She has exceptional experience in this area, garnered as Junior Counsel for the Crown for 10 years prior to taking silk and acting as counsel of first choice for many Official Receivers and the Insolvency Service. Her experience includes:

    • Extensive expertise in advising on and litigating under the Company Directors’ Disqualification Act 1986, having represented the UK government in over 200 disqualification cases over the course of her career.
    • Lyndsey has over 10 years’ experience as an Attorney General’s panelist in company and insolvency related litigation including public interest winding up petitions and provisional liquidator applications.
    • Advice and litigation in relation to company and shareholder disputes of all types in the UK and internationally including minority shareholder disputes, unfair prejudice, expulsion/dissolution, misrepresentation and derivative claims and financial issues (including breach of fiduciary duty, corporate responsibility and proprietary, as well as personal, claims).
    • DIFC-LCIA arbitration concerning minority shareholders rights, corporate responsibility, injunctive and declaratory relief and damages in respect of breaches of shareholders agreements, repudiation of shareholders agreements, misrepresentation and share buy-outs in the BVI.
    • Complex litigation in the BVI and related arbitration proceedings in Hong Kong concerning breaches of shareholders agreement in a quasi-partnership necessitating just and equitable winding up in the BVI and associated interim freezing injunctions to preserve assets.
  • Insolvency

    Regularly recommended in this area by Legal 500 and Chambers & Partners, Lyndsey has a strong background in insolvency work, both corporate and personal, working extensively with insolvency practitioners and accountants by means of licensed access, as well as with well-respected sets of solicitors in this field and having served for many years as standing counsel to the Association of Chartered and Certified Accountants in respect of matters relating to insolvency practitioners. She has particular expertise in disqualification proceedings, having been appointed for over 10 years as a senior Attorney General’s panelist, prior to taking silk. She is also an expert contributor to Tolley’s Insolvency Law.

    The areas in which she has provided advice and has acted include:

    • ACCA v Hollis (before the ACCA Disciplinary Committee) the largest and highest profile hearing heard before an ACCA Disciplinary Committee, attracting wide press attention following a referral by Henderson J in a high-profile guarantee stripping CVA of high street retailer, Miss Sixty. The allegations against Miss Sixty’s insolvency practitioner were of the utmost seriousness (including dishonesty and bringing the profession into disrepute). Led by Malcolm Davis-White QC, Lyndsey acted for the ACCA and obtained the most severe sanction available, striking off.
    • Successfully lifting the statutory moratorium upon administration in order to allow the S. SEC to progress English proceedings for recognition of a $60m US judgment obtained in respect of fraudulent late trading on the US securities exchange (United States Securities & Exchange Commission v Pentagon Capital Management Plc (in Administration) [2012] EWHC 5426 Ch).
    • Successfully dismissing public interest winding up petitions brought by the Secretary of State of Business Innovations & Skills against Scala Land and other companies.
    • Multiple contested applications to restrain presentation of winding up petitions.
    • Leading a hidden assets investigation in a £30m bankruptcy.
    • Advice to liquidator of Bahamian insurance company on the nature of executive flexible premium annuities.
    • Corporate reconstructions including all aspects of winding-up, administration and voluntary arrangements.
    • Successfully obtaining permission to continue criminal proceedings in the public interest against a company in administration.
    • Extensive experience conducting public interest winding up petitions and in asset recoveries in insolvencies ranging from relatively modest sums to multi-million pound recoveries.
  • Mediation

    Lyndsey conducts meditations with a highly experienced eye on the legal and risk frameworks of disputes. Drawing on her high-value commercial and international litigation experience, and her government and regulatory practice, to bring an analytical approach to the legal, commercial objectives of mediation, Lyndsey’s method is to ground herself, in each case, in thorough preparation and to use her legal expertise to ensure a rigorous underpinning for each mediation.

  • Trusts, Probate & Estates

    Lyndsey is a member of ACTAPs and has a respected practice in trusts, probate and estates. As a former trustee of MIND, Lyndsey has a special interest in mental health and capacity issues and matters involving the Court of Protection. As a result of her 10 years’ experience as an Attorney-General’s panelist prior to taking silk, she has particular experience in matters involving the Attorney-General. She has acted for and against some of the biggest charities in the UK in testamentary capacity cases and advised and appeared in many claims under the Inheritance (Provision for Family and Dependants) Act 1975.

    Examples of some of the work she has been involved in include:

    • Inheritance (Provision for Family and Dependants) Act 1975 claim, representing unborn beneficiaries in an application for court approval of settlement in relation to an estate worth £37.5m.
    • Advice and successful litigation in a case where the complex issues included whether property in Spain was the subject of an inter-vivos gift or had passed under a will; the validity of a will; trusts; gifts to charities; issues of capacity of testator and cross-border issues of Spanish and English laws of wills and trusts.
    • Advice and mediation in relation to cy près distribution under a will.
    • Advice in matters of construction and issues of disclosure and domicile relating to legacies.
    • Various applications on behalf of trustees and charities, for example under section 57 Trustee Act 1925, section 48 Administration of Justice Act 1985, section 26 Charities Act 1993.
    • Court of Protection advice on application under section 22 Mental Capacity Act 2005.