Lesley Anderson QC

Lesley has significant experience of the use of arbitration in commercial matters including acting as arbitrator and as Counsel.

Significant Reported Cases

Court of Appeal

Salford Estates (No 2) Ltd v Altomart Ltd [2015] 3 WLR 491 – relationship between winding up petition and lease containing arbitration clause.

Other

Art & Antiques Ltd v (1) Peter Richards (2) Towergate London Market Ltd (3) Zurich Insurance Plc [2014] PNLR 10 – insured’s claims for breach of contract and professional negligence arising out of the refusal of indemnity under an insurance contract were struck out save for negligence claim against the brokers where the same claims had been determined by arbitration and an issue estoppel arose.

Banking & Finance

Lesley undertakes work for and against a number of banks especially in relation to secured lending, guarantees, asset finance and recoveries. In recent years, she has undertaken a number of cases concerned with the mis-selling of interest rate hedging products (within and outside of the FCA Review) and PPI.  Recent work includes acting for the Icelandic liquidator of Fons in relation to the realisation of security over shares in Corporal Limited (ultimate owner of the Hamleys toy stores) given to Kaupthing Bank.

Significant Reported Cases

 Supreme Court

Rosemary Scott v Southern Pacific Mortgages Ltd [2015] AC 385 – purchaser of land could not create a proprietary interest in that land, capable of being an overriding interest, until after completion of the contract for sale.

 Court of Appeal

Nationwide Anglia Building Society v Ahmed and Balakrishnan (1995) 70 P & CR 381 – important decision (considered by Supreme Court in Scott) on scintilla temporis and the indivisibility of contract, transfer and mortgage in secured lending.

Lloyds Bank Plc and others v Michael William Cassidy [2004] EWCA Civ 1767 – acted for successful receivers in connection with claim for professional negligence against lending bank and receivers appointed under a mortgage of agricultural land.

Medforth v Blake [2000] Ch 86 – receiver of mortgaged property was held to owe the mortgagor a duty beyond that of good faith.

Other

Peter Nolan v Graham Michael Wright [2009] 3 All ER 823 – claim to re-open a consumer credit agreement under s139 of the Consumer Credit Act 1974 as an extortionate credit bargain was an action upon a specialty to which a limitation period of 12 years applied.

Civil Fraud

A significant number of Lesley’s cases involve civil or commercial fraud issues and she advises regularly on urgent interim remedies to protect and trace assets including search and seize and freezing injunctions, doorstep orders and delivery up. She is accustomed to working with other professionals including forensic accountants, forensic IT and document imaging specialists.   Two of her most significant cases in the last five years involved allegations of conspiracy and fraud in the context of shareholder disputes.  She has also advised in connection with missing trader and carousel type frauds.

 Significant Reported Cases

MRH Solicitors Ltd, Apex Hire UK Ltd and Pennington Legal Ltd v Manchester County Court [2015] EWHC 1795 (Admin) – successful judicial review of findings of fraud made by a recorder against a firm of solicitors and two car hire firms in a personal injury claim where allegations of fraud had not been pleaded against them and the parties had had no opportunity to rebut the allegations.

Company

Lesley acts and advises in relation to all aspects of company law but especially in connection with disputes between shareholders and in breach of trust/fiduciary duty claims. Current and recent work includes advising the Board of a long-established family company in connection with interpretation of its articles of association and advising majority shareholders of a chain of nursing homes in connection with the meaning of provisions in a debenture.

 Significant Reported Cases

Court of Appeal

Strahan v Wilcock [2006] 2 BCLC 555 – successfully defended appeal against decision that a company was a “quasi-partnership” and that the minority shareholder who had been excluded from management was entitled to have his shares purchased by the majority without any discount.

 Other

Jennifer Lee v Futurist Developments Ltd [2010] EWHC 2764 (Ch) – company director acted in breach of fiduciary duties he owed to a second company in which he was a shareholder for failing to account for introduction fee on development land owned by second company and paid by the ultimate purchaser of land.

Amparo Castilla Bateman (Widow & Executrix of the Estate of Brian Bateman, Deceased) v Danks Holdings Ltd & Bristol & Babcock Ltd [2009] EWHC 2082 (QB) – in interpreting a transfer agreement between two wholly-owned subsidiaries of the same parent company the natural conclusion to be drawn from the words of the agreement was that all liabilities would transfer unless specifically concluded.

Dispute Resolution

Lesley’s extensive practice in commercial dispute resolution includes advising (often from in-house Counsel) on all aspects of commercial contracts and torts including joint ventures, agency, distribution and franchising agreements and share and asset sale warranty claims.  Lesley also has significant experience of procedural law including, recently, several applications to the Court of Appeal on aspects of the CPR following the decisions in Mitchell and Denton. Current work includes advising logistics company on its warehouse and distribution agreements.

Significant Reported Cases

Supreme Court

Digital Satellite Warranty Cover Ltd v Financial Services Authority [2013] 1 WLR 605 (Supreme Court) and [2012] 2 All ER (Comm) 38 (CA) – extended warranty contracts providing for the repair or replacement of satellite television equipment were contracts of general insurance and so a regulated activity for the purposes of FSMA 2000 and the insurance directive did not prevent Member States from regulating insurance business falling outside the 18 classes listed in its Annex and FSA was entitled to wind up on public interest grounds.

Court of Appeal

Salford Estates (No 2) Ltd v Altomart Ltd [2015] 3 WLR 491 – relationship between winding up petition and lease containing arbitration clause.

Peter Elliott v Stobart Group Limited and Others [2015] EWCA Civ 449 – successfully defended appeal against judge’s decision in light of Mitchell to refuse the claimant more time to serve a psychiatric report in support of his claim that an injunction obtained by them against him has caused or exacerbated his mental disorder.

Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408 – approach to extensions of time to serve respondent’s notice in light of Mitchell and Denton decisions.

ICI Chemicals & Polymers Ltd v TTE Training Ltd [2007] EWCA Civ 725 – Court of Appeal gave guidance as to when summary judgment should be granted where a short point of construction of an agreement arose.

Other

MRH Solicitors Ltd, Apex Hire UK Ltd and Pennington Legal Ltd v Manchester County Court [2015] EWHC 1795 (Admin) – successful judicial review of findings of fraud made by a recorder against a firm of solicitors and two car hire firms in a personal injury claim where allegations of fraud had not been pleaded against them and the parties had had no opportunity to rebut the allegations.

Howes Percival LLP v Page and Page [2013] EWHC 4104 – defendants’ incorrect assertion that its solicitors were not entitled to recover their costs was held to amount to a repudiatory breach of the CFA with the claimant.

Art & Antiques Ltd v (1) Peter Richards (2) Towergate London Market Ltd (3) Zurich Insurance Plc [2014] PNLR 10 – insured’s claims for breach of contract and professional negligence arising out of the refusal of indemnity under an insurance contract were struck out save for negligence claim against the brokers where the same claims had been determined by arbitration and an issue estoppel arose.

Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 339 (Ch) – important and frequently cited decision on the factors to be taken into account when deciding to grant summary judgment.

Stephen Carter (as Personal Representative of the Estate of Frank Carter) v Freeman Group Plc [2008] EWHC 3576 (QB) ­– held that complex and difficult point of law concerning the assignment of liabilities between a partnership and a company was not capable of being determined summarily.

Peter Nolan v Graham Michael Wright [2009] 3 All ER 823 – claim to re-open a consumer credit agreement under s139 of the Consumer Credit Act 1974 as an extortionate credit bargain was an action upon a specialty to which a limitation period of 12 years applied.

Band 1 silk for insolvency and restructuring (Northern) in Chambers & Partners. Lesley has extensive experience in personal and corporate insolvency (including in relation to cross-border aspects) and acts for and against office-holders especially in relation to asset recovery.   She also has significant experience of directors’ disqualifications and public interest winding up (both for and against the DBIS) including in relation to carousel and missing trader frauds.

Significant Reported Cases

Supreme Court:

Digital Satellite Warranty Cover Ltd v Financial Services Authority [2013] 1 WLR 605 (Supreme Court) and [2012] 2 All ER (Comm) 38 (CA) – extended warranty contracts providing for the repair or replacement of satellite television equipment were contracts of general insurance and so a regulated activity for the purposes of FSMA 2000 and the insurance directive did not prevent Member States from regulating insurance business falling outside the 18 classes listed in its Annex and FSA was entitled to wind up on public interest grounds.

Court of Appeal

Salford Estates (No 2) Ltd v Altomart Ltd [2015] 3 WLR 491 – relationship between winding up petition and lease containing arbitration clause.

Since taking silk Lesley is developing an international practice and has established links with Hong Kong (where she spoke to the Hong Kong and British Chambers of Commerce) and Singapore (where she spoke at the joint meeting of the Singapore Academy of Law and the Chancery Bar Association in March 2015). Recent international work includes advising a global law firm on its partnership matters and acting for the Icelandic liquidator of Fons in relation to the realisation of security over shares in Corporal Limited (ultimate owner of the Hamleys toy stores) given to Kaupthing Bank.

Lesley became a CEDR accredited mediator in 2000 and regularly acts as a mediator in commercial disputes. She is particularly respected in partnership matters.  Recent mediations undertaken have related to a professional negligence claim concerning a will; a shareholder dispute concerning a film distribution rights company and a dispute between co-venturers in relation to a piece of development land.

Band 1 silk (Northern) for partnership in Chambers & Partners. Lesley acts in all types of partnership and LLP disputes but especially professional partnerships such as solicitors, surveyors, financial advisers and accountants. Recent and current cases include property and partnership disputes involving a small chain of pharmacy businesses, acting for continuing partners in estate agent and property valuation partnership/LLP in relation to the activities of a former partner and advising the administrators of a firm of solicitors in connection with a dispute over recoveries and priorities with the Solicitors Regulatory Authority,

 Significant Reported Cases

Stephen Carter (as Personal Representative of the Estate of Frank Carter) v Freeman Group Plc [2008] EWHC 3576 (QB) ­– held that complex and difficult point of law concerning the assignment of liabilities between a partnership and a company was not capable of being determined summarily.

Ranked as Band 1 silk (Northern) for professional negligence work. Lesley accepts instructions in relation to negligence claims for a number of professionals but has particular experience in relation to claims against solicitors, accountants, financial advisers and surveyors.

Significant Reported Cases

Court of Appeal

Priory Caring Services Ltd v Capital Property Services Ltd [2010] EWCA Civ 226 – general undertaking not to issue court proceedings against surveyor was binding

Other

Art & Antiques Ltd v (1) Peter Richards (2) Towergate London Market Ltd (3) Zurich Insurance Plc [2014] PNLR 10 – insured’s claims for breach of contract and professional negligence arising out of the refusal of indemnity under an insurance contract were struck out save for negligence claim against the brokers where the same claims had been determined by arbitration and an issue estoppel arose.

Lloyds Bank Plc and others v Michael William Cassidy [2004] EWCA Civ 1767 – acted for successful receivers in connection with claim for professional negligence against lending bank and receivers appointed under a mortgage of agricultural land.

Medforth v Blake [2000] Ch 86 – receiver of mortgaged property was held to owe the mortgagor a duty beyond that of good faith.

Property

Band 1 silk (Northern) in Chambers & Partners for Real Estate. All aspects of real property including commercial landlord and tenant.  Recently appeared in the Supreme Court on behalf of Mortgage Business Plc (a division of Lloyds Bank) in the Scott case concerned with priorities.

Significant Reported Cases

Supreme Court

Rosemary Scott v Southern Pacific Mortgages Ltd [2015] AC 385 – purchaser of land could not create a proprietary interest in that land, capable of being an overriding interest, until after completion of the contract for sale.

Court of Appeal

Salford Estates (No 2) Ltd v Altomart Ltd [2015] 3 WLR 491 – relationship between winding up petition and lease containing arbitration clause.

 Nationwide Anglia Building Society v Ahmed and Balakrishnan (1995) 70 P & CR 381 – important decision (considered by Supreme Court in Scott) on scintilla temporis and the indivisibility of contract, transfer and mortgage in secured lending.

 
Other

Holaw (470) v Stockton Estates Ltd (2001) 81 P & CR 29 – whether a right of way, reserved for the benefit of the underlessee of the dominant tenement was determined on the expiry of the tenancy by effluxion of time or capable of survival by implied reservation or rectification.