Lesley Anderson QC


Civil Fraud

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Gary Young
Harry Young


Civil Fraud

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.


 

"She is fantastic. A very formidable advocate and she instils a sense of confidence in you when advocating on your behalf. Really top-drawer." 

Chambers UK

Profile

Lesley has a busy silk’s practice in all aspects of chancery and commercial litigation especially companies, corporate and personal insolvency and commercial property. 

In 2014, she was named as one of The Chambers 100 UK Bar which ranked the top 100 silks practising in England & Wales.

She has twice appeared in the Supreme Court.

Recommended as a leading Band 1 silk in six practice areas for Chambers UK Guide for 2016: Chancery; Commercial Dispute Resolution; Partnership; Real Estate Litigation, Restructuring/Insolvency and Professional Negligence and in the Legal 500 for 2015 as a leading silk in Commercial, Banking and Insolvency and Property.

Clients include banks, multinationals and major public companies as well as a number of smaller manufacturing and e-commerce companies and professional firms.  She has acted for and against the Government including on public interest winding up and directors’ disqualification.  

Known for her expertise in complex and sensitive shareholder/unfair prejudice disputes, breaches of trust and fiduciary duties and share and asset sale claims.  

Sits regularly as a Deputy High Court Judge of the Chancery Division. She acts regularly as mediator and offers Early Neutral Evaluation.

Former legal academic and training manager for Norton Rose M5 Group and contributes regularly to legal and professional conferences and in-house training for solicitors and other professionals and to books and journals.

Year of Call: 1989

Year of Silk: 2006

Areas of Expertise

Arbitration

Arbitration

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

Banking & Finance

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

Civil Fraud

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

Company

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

Dispute Resolution

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.

Memberships

Bencher of The Honourable Society of the Middle Temple

Chancery Bar Association (including co-opted member of Committee)

Northern Chancery Bar Association (immediate past Chairman)

Northern Circuit Commercial Bar Association

Northern and North Eastern Circuit

Appointments

Recorder (2006)

Authorised to sit as Deputy High Court Judge of the Chancery Division (2008).

Head of Chancery & Commercial Law (2017)

 

Qualifications

LLB – University of Manchester (1984)

CEDR Accredited Mediator (2000)

 

Recommendations

Since being in practice Lesley has received consistent recommendations in Chambers Guide where she is ranked as a Band 1 silk in six areas and the Legal 500:

Legal 500 2018:

‘A tenacious, forthright and perceptive advocate.’

‘Very experienced in commercial landlord and tenant cases.’

Legal 500 2017:

Shortlisted for ‘Regional Silk of the Year’.

‘She is very commercially minded and provides a realistic view of a case’s merit.

‘A tenacious advocate, who is thorough in her approach; every stone is turned over and fully analysed.’

Chambers UK 2018:

"Extremely academic, extremely good on her feet and expressive without being aggressive." "Exceedingly able, experienced and client-focused. Her advocacy is second to none."

"She is the full package; excellent on paper and a tenacious advocate." "She is extremely thorough and fantastic in court."

"A tough fighter in partnership cases who is certainly very well regarded in the field." "Recommended for high-end work in this space."

"She's excellent, reliable and very professional."

"A phenomenal silk who is excellent in court." "She's in a world of her own in terms of quality and strength. She's fantastic." "Very incisive, very intelligent and very effective in court."

"She is highly intelligent, good on paper, and a very strong advocate." "She is committed to her cases and gets on well with clients." 

Chambers UK 2017:

"She is fantastic. A very formidable advocate and she instils a sense of confidence in you when advocating on your behalf. Really top-drawer." 

"She has a formidable presence as an advocate and shows softer skills with clients." "A very bright individual, very focused and always on top of papers."

"She advises on complicated partnership disputes and is excellent in her field."

"Lesley Anderson QC is a joy to instruct on a variety of issues. She is a very impressive and powerful advocate who is also extremely approachable." "She has great ability in conference and is fantastic with our clients."

"She exhibits an encyclopaedic knowledge of the law." "Very good on her feet, unstoppable, very responsive and always offers a strategic angle."

"She is very bright, good with clients and tireless in getting the right result."

Chambers UK 2016:

“A tenacious Chancery counsel who is excellent in cross-examination.  She is able to dissect cases quickly and is first class in conference. She adopts a real common-sense approach”.

“She is very thorough, tactically very astute – a big personality in negotiation”.  “An excellent advocate who is very empathetic with clients”.

“Well respected by clients and judges”.  “A ferocious advocate and a very good lawyer”.

“She’s top drawer when dealing with professional negligence issues.  She’s an exceptional silk at the Northern Bar”.

“A great and intelligent advocate: really well prepared and good on her feet”.

“She is also razor-sharp and incredibly nice; she’s very good with clients.” “She is very user-friendly but she doesn’t take any nonsense – she’s an iron fist in a velvet glove”.

Legal 500 2015:

“A tenacious, combative yet measured advocate who always impresses clients”.

Chambers UK 2015:

"She's got a first-class mind. She's great with clients, solicitors and juniors." "She's probably one of the most respected silks in Manchester. She is a very punchy cross-examiner."

"A forthright advocate who doesn't miss any points."

"She is very, very strong in everything she does. She's excellent." "Lesley Anderson has a fantastic and well-earned reputation."

"She is very hands-on and the quality of her advice is excellent." "She is as impressive as ever and works on high-profile cases." "A truly exceptional silk." "If there's anything difficult or complex you need your number-one team on, she's your first port of call."

The Chambers 100 UK Bar 2014:

“Combines approachability, technical ability and excellent tactical judgement.”

Chambers UK 2014:

"She is tremendously commercial and has an easy confidence which is infectious. She is robust but adaptable in her approach."

"She is exceedingly thorough; a fantastic team player who really gets on with clients and puts her heart and soul into the case."

"She commands considerable respect and authority in the courtroom."

"She is exceedingly thorough and a fantastic team player. She really gets on with clients and she puts her heart and soul into a case.“

"She has a tremendous courtroom ability – she can just scythe through the other side's witnesses and evidence."

"She is hard to beat at the regional Bar for insolvency matters; she is great on paper and even better on her feet."

"She is exceedingly thorough, a fantastic team player and really gets on with clients."

Legal 500 2014:

"Extremely thorough and very user friendly"

"Meticulous on paper and devastating on her feet"

Chambers UK 2013:

Is "extremely methodical and very professional."

"A great advocate who presses every point until it gets home." and "effective at drawing out of witnesses answers which they may have resisted giving."

"Is a calm and collected" barrister who is both "proactive and knowledgeable." "She gets to grips with the matter at an early stage in order to overcome difficult issues from the off."

Is "hard to beat at the regional Bar for insolvency matters; she is great on paper but even better on her feet." Anderson is widely respected by fellow barristers, who appreciate her experience and preparation in proceedings, "I think her main characteristic is her ability to foresee the potential problems at an early stage," say those that use her.

 

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