Niamh Davis

Areas of experience

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• Art, Cultural Property & Media

  Niamh has experience of a wide range of commercial disputes involving art, cultural property and luxury assets.

  During her secondment to the Art & Luxury Team at Wedlake Bell LLP, her experience included:

  • Advising on claims by artists against art advisers, galleries, and agents for breach of contract, professional negligence, and restitution.
  • Drafting guarantees and contractual agreements for the consignment and sale of valuable artworks.
  • Advising on conflict of law issues as to the appropriate governing law for breach of fiduciary duties and tortious claims and the jurisdiction of the English Courts.
• Aviation

  Niamh’s aviation experience includes:

  • GASL Ireland Leasing A-1 Limited v SpiceJet Limited [2023] EWHC 1107 (Comm); Niamh assisted in this dispute concerning an airline’s breach of return conditions under a lease.
  • Assisting Erin Hitchens with drafting statements of case in a claim against an airline for its breaches of multiple sale purchase agreements.
  • Assisting with an urgent injunction application for the delivery up of an aircraft.
• Banking and Financial Services
  • Drafting (as sole counsel) statements of case to recover monies from a closed bank account

   

  During pupillage Niamh gained experience of the following:

  • Day v FXCM [2023] EWHC 1349 (Comm): assisting Daniel Warents in this matter involving allegations of breaches of contract and statutory duty against a spread-betting firm, arising from losses suffered by the claimant on trades in oil derivatives.
  • Assisting Daniel Warents with drafting statements of case in relation to contractual debt claims under spread betting contracts.
  • Assisting with an application for summary judgment in respect of claims arising from a commercial loan agreement.
• Civil Fraud, Asset Tracing & Recovery
  • As junior counsel acting in a trial involving allegations of fraud against a director (led by Stuart Adair).
  • As sole counsel, obtaining 14 injunctions restraining the presentation of winding-up petitions against companies registered in England and Guernsey.
  • As junior counsel drafting statements of case for a group of claimants in respect of fraudulent secret and half-secret commissions paid to financial advisers (led by Edward Cumming KC, Timothy Sherwin, and Alex Peplow).

   

  During pupillage, Niamh gained experience of the following:

  • Assisting Adam Cloherty KC and Erin Hitchens in making freezing and proprietary injunction applications.
  • Assisting Erin Hitchens with drafting statements of case in relation to claims for dishonest assistance, knowing receipt, conspiracy, unjust enrichment, breach of fiduciary duties, deceit, and proprietary remedies in respect of commercial investments.
  • Assisting Erin Hitchens with drafting statements of case in relation to claims brought against a fraudulent bank manager.
• Commercial Litigation

  Niamh has assisted in a range of commercial matters, including some which involved questions of jurisdiction and private international law considerations. Examples of her experience include:

  • Drafting statements of case for a jewellery brand for a breach of contract claim (as junior counsel led by Timothy Sherwin)
  • Acting for a claimant hotel seeking the recovery of unpaid invoices
  • Acting to successfully obtain summary judgment in favour of a claimant company in respect of claims for breach of contract
  • Acting to successfully strike out a claim against a company on the grounds of false imprisonment and harassment
  • Acting for a claimant e-sports company seeking relief in respect of a breach of contract claim
  • Drafting statements of case for the recovery of unpaid invoices in respect of accountancy services
  • Acting on behalf of a bank, defending a claim relating to direct debits
  • Drafting statements of case for the recovery of unpaid invoices pursuant to a licencing agreement
  • Drafting statements of case for the recovery of misappropriated corporate assets

   

  During pupillage:

  • Assisting with drafting statements of case in relation to a claim for breach of contract and restitution of unjust enrichment.
  • Assisting Erin Hitchens by advising on methods of alternative service and the merits of an application to serve out of the jurisdiction.
  • Assisting with the drafting statements of case in relation to claims for breach of contract and breach of fiduciary duty in respect of a pharmaceutical supply agreement.
  • Assisting Erin Hitchens by advising on the merits of seeking a freezing injunction and other forms of interim relief in a commercial contractual dispute involving breaches of contract and a breach of fiduciary duty.
  • Assisting Erin Hitchens by advising on whether a Norwich Pharmacal Order can be granted where information obtained may be used to support foreign proceedings.
  • Assisting Hugh Miall with advising on the law of matrimonial domicile and the jurisdiction of the English courts in relation to a dispute over foreign shares.
  • Assisting Hugh Miall with the drafting statements of case for the enforcement of Chinese judgments in England.
  • Assisting with advising on the merits of a claim for damages for misrepresentation in relation to a firm’s financial performance.
  • Assisting Hugh Miall by advising on the operation of contempt of court applications.
  • Assisting Andrew Holden and Alex Peplow with a Part 71 application for the questioning of a judgment debtor.
• Company

  Niamh has experience of a range of company law matters, including:

  • Regularly appearing on behalf of clients applying for an extension of time for the registration of a charge.
  • As sole counsel, advising on a drafting statements of case to restore a company to the register and appoint a personal representative as holder of shares where the articles did not have a mechanism for doing so.

   

  During pupillage:

  • Assisting Daniel Warents and Erin Hitchens with shareholder disputes under s 994 of the Companies Act 2006.
  • Assisting with advising on the merits of and drafting an unfair prejudice petition in relation to director’s removal from management in a quasi-partnership company.
  • Assisting Hugh Miall with advising on the operation of a parent company’s step-in powers under its subsidiary’s Articles of Association.
• Court of Protection
  • Acting as junior counsel, Niamh advised and drafted statements of case for court of protection proceedings in respect of an incapacitated elderly man being taken advantage of (led by Timothy Sherwin).
• Insolvency

  Niamh insolvency experience includes:

  • Regularly appearing in the Companies Winding-up Court on behalf of petitioning creditors, supporting creditors, and companies.
  • Acting (as sole counsel) for a debtor in a bankruptcy hearing.
  • Acting (as sole counsel) for a debtor in receipt of a statutory demand.

   

  During pupillage:

  • Assisting with a Cayman Islands case involving shareholders’ claims for misrepresentation against a company in liquidation.
  • Invest Bank v El-Husseini [2023] EWCA Civ 555: Niamh assisted Daniel Warents on this matter which concerned the scope of section 423 of the Insolvency Act 1986.
  • Assisting in defending a bankruptcy petition.
• International & Offshore

  Niamh’s experience in international and offshore matters, include the jurisdictions of the Channels Islands and the Bahamas.
  She is presenting on the impact of ESG considerations on trustees’ investment powers in The Bahamas and Cayman Islands in 2024.

  Her recent experience includes:

  • As junior counsel, acting for a protector seeking to appoint and remove trustee of a Guernsey trust (led by Andrew Holden and James Bradford).

   

  During pupillage:

  • Assisting with a Cayman Islands case involving shareholders’ claims for misrepresentation against a company in liquidation.
  • Assisting Hugh Miall with drafting statements of case for the enforcement of Chinese judgments in England.
  • Assisting Hugh Miall with a claim to remove the manager and advice on the merits of appointing a receiver over a Cayman Islands trust.
  • Assisting Hugh Miall with advice relating to the law of matrimonial domicile and the jurisdiction of the English courts in relation to a dispute over foreign shares.
  • Assisting with seeking the strike out for want of prosecution and abuse of process of a claim in The Bahamas.
• Real Estate Litigation
  • Sole Counsel acting on behalf of a mortgagor in possession proceedings.
  • Assisting with a claim concerning the operation of an equitable charge and order for sale made in respect of a residential property.
  • Regularly obtains interim possesison order and final possesison orders for property owners.
  • Obtaining an order for sale for a property pursuant to a charging order (led by Timothy Sherwin).
  • As sole counsel, successfully setting aside a default judgment obtained against a landlord in respect of an unpaid deposit.
  • As sole counsel, acting on behalf of tenants seeking relief from forfeiture of their leases.
• Trusts, Probate & Estates

  Niamh has the following trusts, probate, and estates experience:

  • Acting as sole counsel on a challenge to a will on the basis of want of knowledge and approval.
  • Appearing in a mediation on behalf of a beneficiary defendant in a respect of a dispute as to ownership of land bequeathed under a will.
  • Advising on the merits of a settlement for a child.
  • Appearing at an approval hearing for the approval of a settlement for a protected party (led by Owen Curry and Elspeth Talbot Rice KC).
  • Advising on and drafting deeds of appointment and advancement to transfer assets out of an existing trust into a vulnerable person’s trust.
  • Drafting (as junior counsel led by Timothy Sherwin) statements of case in respect of a claim of fraud in relation to advice as to the distribution of an estate comprising classic cars.
  • As junior counsel (led by Andrew Holden and James Bradford), acting for a protector seeking to appoint and remove trustee of a Guernsey trust.
  • As junior counsel (led by Robert Howe KC and Andrew Holden), acting on behalf of heirs in relation to a judgment obtained against their deceased relative. Conflict of laws questions as to jurisdiction also arose.
  • Advising (as junior counsel led by Timothy Sherwin) on the validity and interpretation of gifts in a will.
  • Acting as junior counsel (led by Adam Cloherty KC) for beneficiary in dispute over the ownership of UK and international assets.
  • Advising (as junior counsel let by Edward Cumming KC) on proposed amendments to the Guernsey Trusts Law to incorporate ESG considerations.

   

  During pupillage, Niamh gained the following trusts, probate, and estates experience:

  • Assisting Andrew Holden by advising on the courts’ approach to interpretation of express indemnity clauses for protectors in trust deeds.
  • Assisting Daniel Warents with advice on a claim in relation to the administration of and succession to an estate, involving questions of governing law, domicile, and the application of the non-contentious probate rules.
  • Assisting Edward Cumming KC with advising on the effect of letters of wishes and ‘no contest clauses’ in a trust.
  • Assisting with drafting statements of case in respect of a grant of administration in relation to foreign property and a foreign domiciled deceased.
  • Assisting Erin Hitchens with advising on the operation of charitable trusts.
  • Assisting on a dispute concerning the entitlement to a grant of letters of administration over an English estate.
  • Assisting Erin Hitchens with drafting statements of case in relation to claims for the rescission of transactions on the basis of undue influence and declarations as to the beneficial ownership of various properties.
  • Assisting with a matter involving the administration of the insolvent estate of a deceased person.
  • Assisting Erin Hitchens in drafting statements of case in relation to claims arising from the distribution of an estate, on the bases of knowing receipt, unjust enrichment, and conspiracy, and seeking proprietary remedies.
  • Assisting Hugh Miall with advice on the law of matrimonial domicile and the jurisdiction of the English courts in relation to a dispute over foreign shares.
  • Assisting Hugh Miall with advice on the operation of a common intention constructive trusts in respect of foreign shares.
  • Assisting Owen Curry with an application for orders and directions in respect of the administration of an estate pursuant to CPR Rule 64(2).

Other information

• Academic (and professional) History
  • Research Assistant to William Day
  • BPC (Outstanding), University of Law, Bloomsbury (2021-2022)
  • BCL (with merit) (Commercial Remedies, Restitution of Unjust Enrichment, Corporate Insolvency, and Legal Concepts in Financial Law), St Catherine’s College, Oxford (2020-2021)
  • BA Law (Triple First Class), Downing College, Cambridge (2017-2020)
• Professional memberships
  • Junior Chancery Bar Association Committee (2024- present)
  • COMBAR – The Commercial Bar Association
• Publications

  Research Assistant to William Day on his book: Landmark Cases in Private International Law

  Contributing editor to Retention of Title and Receiverships chapters in Tolley’s Insolvency Law Service

• Scholarships and Prizes/ Awards
  • Lord Mansfield Scholarship (the ‘most prestigious’ merit-based award from Lincoln’s Inn for students undertaking the Bar Practice Course, 2021)
  • Residential Scholarship (providing students with accommodation within Lincoln’s Inn during their Bar Practice Course year, 2021)
  • Senior Harris Scholarship (for achieving a First in all three parts of the Law Tripos, Downing College, Cambridge, 2020)
  • Title of Foundation Scholar (for achieving a First in Law Tripos Part II after having been awarded a first in Tripos Parts IA and IB, Downing College, Cambridge, 2020)
  • John H. Morrison OBE Scholarship (for achieving a First in Law Tripos Part IB, Downing College, Cambridge, 2019)
  • Rebecca Flower Squire Scholarship (for achieving a First in Law Tripos Part IB and intending to become a barrister, Cambridge University Faculty of Law, 2019)
  • John H. Morrison OBE Scholarship (for achieving a First in Law Tripos Part IA, Downing College, Cambridge, 2018)