Sarah has acted in numerous investment, banking and regulatory claims including the following high profile and/or high value matters with an international element:
Ivanishvilli v Credit Suisse (Life) Bermuda Ltd [2017-] Bermuda Commercial Court: Acting for the defendant life insurance company in a claim linked to an alleged investment fraud.
Al Sadik v Investcorp Bank BSC [2012-2018] The Grand Court of the Cayman Islands and the Cayman Court of Appeal: Acting in a substantial matter for a private investor against seeking to recover losses caused by breach of the bank’s fiduciary and other duties relating to promised investment returns and use of unauthorised leverage.
Plymouth Rock Ltd v John Lister and Ors [2017] Gibraltar Supreme Court: Acting for financial services professionals and fiduciary services providers in a claim brought by a beneficial owner of investment interests to recover losses alleged to have been suffered as a result of investment strategies adopted on his behalf.
Vannin Capital v Al Khorafi [2016] DIFC: Acting for Bank Sarasin in proceedings to preserve a fund in court pending appeal by the bank in an investment claim.
Al Khorafi v Bank Sarasin-Alpen (ME) Ltd [2015] DIFC: Acting for Bank Sarasin resisting claims to recover investment losses alleged to have been sustained as a result of breaches of the regulatory law, the DFSA rules and the bank’s contractual duties to the claimant investors.
Zaria Global Ltd v Isis Investments Limited [2013] High Court/Chancery Division and Re Isis Investments Limited (in liquidation) Isle of Man High Court [2015]: Acting for a BVI based corporate investor, Zaria, administered by fiduciaries, Stonehage, in a dispute with Kaupthing subsidiary, Isis, over an investment by Zaria in a high value structured opportunity relating to the sale of the Somerfield supermarket chain in 2009. Proceedings in the BVI, Isle of Man, Iceland, England, the Cayman Islands.
Barfield Nominees v Westford Special Situations Fund Ltd [2011] BVI High Court and Court of Appeal: Acting in a dispute between a BVI based feeder fund for a Cayman master fund and investors in which the investors sought to have the feeder fund wound up.
Sarah has also acted in numerous SWAP claims, both in court and in the FCA review, including several cases arising in an insolvency context. Those include:
Wadehurst Investments Ltd v Lloyds Bank plc [2016] High Court: Acting for property developers in a claim against the bank for losses sustained as a result of SWAPS mis-selling.
Claverton Holdings Ltd v Barclays Bank plc [2016] High Court/Commercial Court: Acting for the claimant property development company in a claim against the bank for losses sustained as a result of SWAPS mis-selling.
Acting in several different actions for directors/shareholders of companies in administration at the behest of the companies’ banks on the prospects of obliging the administrators to pursue SWAPs mis-selling claims against the banks.
Sarah has acted for various parties in the administration or liquidation of investment schemes (for example, Re Land Heritage (UK) Ltd in liquidation [2010] High Court/Chancery Division), financial services professionals and unauthorised entities including boiler house schemes (for example ongoing matters in the liquidation following the court’s decision in Re the Inertia Partnership LLP in liquidation [2007] High Court/Chancery Division.
Other related work includes:
- Honeycomb v Berg [2017] High Court/Business and Property Court: defending expert witness in swaps claim against allegations of negligence.
- Natwest v Stroud [2017] High Court/Business and Property Court: Defending claim on guarantees on the basis of default by bank in respect of the underlying loans.
- Assisting in advising the trust division of a major bank on the application of the FCA client money rules to certain trust arrangements.
- Assisting in advising a major bank on the application of the FCA client money rules to a transfer of business between subsidiaries and changes to certain standard form contracts required to effect the transfer in accordance with the rules.
- Advising and acting in a number of cases involving collective investment schemes that had been, or were alleged to have been, promoted in contravention of the financial promotion restriction in (erroneous) reliance on an exemption relating to high-net worth individuals.
- Advising and acting in several matters concerning the Investment Bank Special Administration Regime including Re Avalon Investment Services Limited [2016] High Court/Companies Court.
