Lyndsey was appointed as QC in 2018 following 18 years in successful practice as a commercial litigator and arbitration counsel and has since been in practice as a full-time arbitrator and mediator.
She specialises in commercial arbitration. Her particular expertise is in contractual disputes of all types, misrepresentation cases, JVs, partnerships, SHAs and shareholders’ disputes, directors’ duties, corporate governance, company law and insolvency issues. Lyndsey has experience under the rules of UNCITRAL, LCIA, DIFC-LCIA and ad-hoc arbitrations.
During litigation practice Lyndsey’s private law specialisms were augmented by her long-running appointment as an Attorney-General’s panellist, representing the UK government (primarily the Secretary of State for Business, Energy and Industrial Strategy). She was also appointed as standing counsel to the Association of Chartered and Certified Accountants where she further developed her sub-specialisations in directors’ duties, corporate governance, fiduciary and non-fiduciary duties and responsibilities to shareholders and stakeholders.
APPROACH TO ARBITRATION
Lyndsey is a robust and thorough arbitrator with a forensic eye for detail. She considers it important to engage with the parties at the outset regarding matters of procedure and expectations for timetable. She encourages the early identification of potentially dispositive issues and discussions as to whether there are compelling reasons to consider resolution of such issues as a preliminary matter or, based on their factual matrix or otherwise, are more appropriately reserved for resolution as part of the final award. Lyndsey’s belief is that proceedings should be conducted with a view to expediting the resolution of the dispute and she takes seriously the obligation to comply with the timetable set out in the applicable rules or in the parties’ agreement.
EXAMPLES OF ARBITRATION AND RELATED DECSION MAKING EXPERIENCE
Acting as arbitrator:
Currently acting as arbitrator in an LCIA arbitration concerning a cross-border litigation funding agreement (seat London, English law).
Presiding arbitrator (with co-arbitrators Juliet Blanch and Peter Jago) in ad hoc arbitration (seat Zambia, subject to the provisions of the Zambian Arbitration Act).
As Counsel in international arbitrations:
Advising in relation to arbitration arising out of breaches of contract in JV for supply and operation of deep sea-bed bathymetrics, between Australian and English companies.
Acting as sole Counsel in DIFC-LCIA arbitration concerning fraudulent misrepresentation in the course of establishing an investment bank. Parties were in Madrid, Panama, Dubai and London and the issues concerned rescission of subscription agreement, breaches of NDAs and SHAs.
Acting as Counsel in arbitration of contractual dispute concerning superconducting magnets and low temperature measurement systems. Related antisuit injunction proceedings in Sydney and London.
DIFC-LCIA arbitration concerning misrepresentation and forfeiture of leases in multi-million dollar restaurant chain shareholder dispute.
ACTING AS MEDIATOR
In multiple commercial disputes. Please contact practice manager for further details.
Approach to mediation:
Lyndsey has an effective and careful approach to ensuring the parties to the mediation have the best possible chance of a negotiated settlement. She has an interest in ensuring a methodical and inclusive approach to resolving complex disputes and brings a calm, approachable personal style to her mediations.
Chair of Bar Tribunals and Adjudication Service disciplinary panels: Lyndsey chairs 3 person disciplinary panels for the Bar of England and Wales. As such she is experienced in directing and framing the panel’s decision-making process, keeping to the agenda, time management, and producing clearly reasoned, written adjudications.
Chair of Police Misconduct Panel (Eastern Regions): chairing 3 person disciplinary panels, requiring panel-based decision making and judgments both ex tempore and written.