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Amy Proferes

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Amy Proferes

Areas of Expertise

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Year of Call: 2012 aproferes@serlecourt.co.uk

Overview

Amy has a broad commercial Chancery practice, with a particular interest in traditional Chancery work, and appears regularly in the County Courts and High Court. She acted as junior counsel for the claimants in Republic of Djibouti v Boreh, a multi-million pound international fraud claim heard over ten weeks in the Commercial Court in autumn 2015. She became a tenant at Serle Court in October 2014 following the successful completion of pupillage.

Before coming to the Bar, Amy worked at a mergers and acquisitions advisory firm specialising in aerospace and industrials, following postgraduate studies in History & Middle Eastern Studies at Harvard University.

Amy acts as a debating mentor to BPTC students at Lincoln's Inn. She was elected to the Inn's Bar Representative Committee in 2016 and currently sits on the Estates Committee.

Areas of Expertise and Cases


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Company

Represented the defendants to an application for permission to continue a derivative claim and for a costs indemnity. Permission was granted but limited to disclosure only; the costs indemnity application was refused.

Advised a minority shareholder on possible remedies for unfairly prejudicial conduct, following an unfair prejudice petition in which the court dismissed his claim for an order that the majority shareholders sell their shares to him.

Assisted Liz Jones QC and Simon Hattan on the appeal of Al-Hamrani v Al-Hamrani and Ors in the Eastern Caribbean Court of Appeal and the Privy Council. The dispute concerned the ownership of a BVI company and, in particular, whether shares in that company had been included under the terms of a sale agreement.

Assisted Daniel Lightman on cross-applications for security for costs in Apex Global Management Ltd v Fi Call Ltd [2014] EWHC 779 (Ch), a substantial shareholder dispute in which both principal shareholders presented unfair prejudice petitions. The ruling confirmed the principle set out in Crabtree (Insulation) Ltd v GPT Communication Systems Ltd [1990] 59 BLR 43 that an order for security for costs will be inappropriate where the parties are cross-claiming on substantially the same facts.

Assisted Lance Ashworth QC during the trial of Khoshkhou v Cooper [2014] EWHC 1087 (Ch), an unfair prejudice petition brought by a minority shareholder seeking to buy out the majority shareholders.

Assisted Daniel Lightman, Thomas Elias and Paul Adams on Sukhoruchkin v van Bekestein [2014] EWCA Civ 399, in which the Court of Appeal ruled that the existence of a possible defence based on the no reflective loss principle should not lead to the discharge of a worldwide freezing injunction.

Assisted Daniel Lightman and Thomas Elias on Abouraya v Sigmund [2014] EWHC 277 (Ch), which confirmed that double derivative actions could be pursued at common law despite the provisions of the Companies Act 2006.

Assisted Ruth den Besten and Gareth Tilley during the trial of Re Quiet Moments Ltd [2013] EWHC 3806 (Ch), on the proper construction of a shareholders' agreement and the appropriate share entitlement resulting.


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Insolvency

Appears regularly on insolvency matters, including winding up and bankruptcy petitions, applications to appoint administrators, and applications to extend administrations.

Instructed on a claim by liquidators seeking contributions under s213 of the Insolvency Act 1986, including allegations of fraudulent evasion of tax.


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Commercial Litigation

In Oakfield (Foods) Limited v Nogueira Rivelli Irmaos Ltda, successfully challenged the jurisdiction of the English courts to hear a claim for breach of contract brought by an English claimant against a Brazilian defendant.

Defended a major port at the trial of claims in bailment, negligence and breach of contract.

Worked on the ongoing group litigation relating to RBS's £12bn rights issue in 2008.

Assisted Lance Ashworth QC and Jennifer Haywood on DAS Legal Expenses Insurance Ltd and Ors v Medreport & Ors, on the proper interpretation of a settlement agreement. 


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Partnership and LLP

Obtained a substantial interim payment and an account and enquiry on behalf of a partner who had been denied the benefits of the partnership's assets.

Assisted Jennifer Haywood on Kingston Smith v Morrey, on abuse of process and the proper construction of a partnership agreement.

Specialist contributor to The Law of Limited Liability Partnerships (4th edition) by John Whittaker and John Machell QC, due to be published in early 2016.


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Property

Amy has a particular interest in property and regularly advises on and appears in relation to matters such as restrictive covenants, easements, applications to amend or rectify the Register, and boundary disputes.

Acted for the Claimant in The Old Canal Company Limited v Tate (Ref 2016/0443), a claim for rectification of the Register based on the rights granted to a canal owner by an 1812 Act of Parliament.

Advised the trustees of an offshore trust on a claim for proprietary estoppel in relation to London property.

Obtained an Interim Possession Order removing 70 trespassers from an industrial park.

Advised on the enforceability of consent covenants following the death of the covenantee, as well as whether a scheme of development existed which would make the covenants mutually enforceable within the area.

Acted for the defendant in Ullah v Ullah, a claim for a constructive trust over a family home registered in the sole name of the defendant. The court ruled that the defendant's parents, who had contributed to the purchase price and occupied the property since it was acquired, had a license to occupy but no beneficial interest in the house.

Represented the defendant in a claim regarding the correct interpretation of various easements and covenants on an industrial estate. The case raised issues around the modern interpretation of the principle of benefit and burden, as well as what ancillary rights may be implied from a right of way.

Advised on a claim for implied reservation of easements, in the context of the renewal of a commercial lease.

Assisted Andrew Francis in advising on whether historic restrictive covenants would affect the potential development of a plot of land.

Assisted Matthew Morrison on a claim for damages resulting for the wrongful seizure of tools of trade and children’s possessions during the execution of a writ of control and possession.


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Professional Negligence

Advised a Bahamian developer as to possible negligence and breach of contract, where a lender relied in an incorrect valuation and failed correctly to ascertain the sums necessary to complete the development.

Assisted Simon Hattan in advising a charitable foundation as to whether losses to its portfolio were due to negligent investment management.

Assisted Daniel Lightman in Gladstar v Layzells [2014] EWHC 1449 (Ch), a claim regarding a breach of solicitor’s undertaking, on whether amendments to statements of case should be allowed where a proposed new defence relied on illegality and where the claimant had failed to comply with a court order. 


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Civil Fraud

Instructed in Glenn v Watson, which involved claims to rescind loan agreements of over £100m on grounds of misrepresentation and for secret profits made in breach of fiduciary duty.

Acted as junior counsel for the claimants in Republic of Djibouti v Boreh [2016] EWHC 405 (Comm), an international fraud claim heard over ten weeks in the Commercial Court in autumn 2015 (led by Lord Falconer and Philip Brook Smith QC).

Obtained Norwich Pharmacal orders against two defendant banks, in order to secure details of accounts believed to be linked to a 'boiler room' fraud.

Advised a company which had suffered losses due to online banking fraud on the prospects of a claim against its bank, with particular reference to the Payment Services Regulations 2009.

Assisted Lance Ashworth QC and Matthew Morrison in advising on an alleged complex fraud with regard to IT procurement at a university.

Assisted Matthew Morrison in advising on a claim by liquidators seeking contributions under s213 of the Insolvency Act 1986, in respect of alleged fraudulent evasion of tax related to a property scheme.


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Trusts and Probate

Amy acts regularly in probate matters and claims under the Inheritance (Provision for Family and Dependants) Act 1975, as well as landlord and tenant issues arising in a probate context.

Advised executors on potential liabilities under Bahamian law where the deceased died domiciled in England but left property in the Bahamas.

Advised on various probate matters, including grants of administration, in relation to a foreign national who died intestate in England.

Assisted Matthew Morrison on an acrimonious probate case involving a disputed historic transfer of property.



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Private International Law

In Oakfield (Foods) Limited v Nogueira Rivelli Irmaos Ltda, successfully challenged the jurisdiction of the English courts to hear a claim for breach of contract brought by an English claimant against a Brazilian defendant.

Amy Proferes

Amy Proferes

Year of Call: 2012
Email: aproferes@serlecourt.co.uk

Overview

Amy has a broad commercial Chancery practice, with a particular interest in traditional Chancery work, and appears regularly in the County Courts and High Court. She acted as junior counsel for the claimants in Republic of Djibouti v Boreh, a multi-million pound international fraud claim heard over ten weeks in the Commercial Court in autumn 2015. She became a tenant at Serle Court in October 2014 following the successful completion of pupillage.

Before coming to the Bar, Amy worked at a mergers and acquisitions advisory firm specialising in aerospace and industrials, following postgraduate studies in History & Middle Eastern Studies at Harvard University.

Amy acts as a debating mentor to BPTC students at Lincoln's Inn. She was elected to the Inn's Bar Representative Committee in 2016 and currently sits on the Estates Committee.

Areas of expertise

Company

Represented the defendants to an application for permission to continue a derivative claim and for a costs indemnity. Permission was granted but limited to disclosure only; the costs indemnity application was refused.

Advised a minority shareholder on possible remedies for unfairly prejudicial conduct, following an unfair prejudice petition in which the court dismissed his claim for an order that the majority shareholders sell their shares to him.

Assisted Liz Jones QC and Simon Hattan on the appeal of Al-Hamrani v Al-Hamrani and Ors in the Eastern Caribbean Court of Appeal and the Privy Council. The dispute concerned the ownership of a BVI company and, in particular, whether shares in that company had been included under the terms of a sale agreement.

Assisted Daniel Lightman on cross-applications for security for costs in Apex Global Management Ltd v Fi Call Ltd [2014] EWHC 779 (Ch), a substantial shareholder dispute in which both principal shareholders presented unfair prejudice petitions. The ruling confirmed the principle set out in Crabtree (Insulation) Ltd v GPT Communication Systems Ltd [1990] 59 BLR 43 that an order for security for costs will be inappropriate where the parties are cross-claiming on substantially the same facts.

Assisted Lance Ashworth QC during the trial of Khoshkhou v Cooper [2014] EWHC 1087 (Ch), an unfair prejudice petition brought by a minority shareholder seeking to buy out the majority shareholders.

Assisted Daniel Lightman, Thomas Elias and Paul Adams on Sukhoruchkin v van Bekestein [2014] EWCA Civ 399, in which the Court of Appeal ruled that the existence of a possible defence based on the no reflective loss principle should not lead to the discharge of a worldwide freezing injunction.

Assisted Daniel Lightman and Thomas Elias on Abouraya v Sigmund [2014] EWHC 277 (Ch), which confirmed that double derivative actions could be pursued at common law despite the provisions of the Companies Act 2006.

Assisted Ruth den Besten and Gareth Tilley during the trial of Re Quiet Moments Ltd [2013] EWHC 3806 (Ch), on the proper construction of a shareholders' agreement and the appropriate share entitlement resulting.

Insolvency

Appears regularly on insolvency matters, including winding up and bankruptcy petitions, applications to appoint administrators, and applications to extend administrations.

Instructed on a claim by liquidators seeking contributions under s213 of the Insolvency Act 1986, including allegations of fraudulent evasion of tax.

Commercial Litigation

In Oakfield (Foods) Limited v Nogueira Rivelli Irmaos Ltda, successfully challenged the jurisdiction of the English courts to hear a claim for breach of contract brought by an English claimant against a Brazilian defendant.

Defended a major port at the trial of claims in bailment, negligence and breach of contract.

Worked on the ongoing group litigation relating to RBS's £12bn rights issue in 2008.

Assisted Lance Ashworth QC and Jennifer Haywood on DAS Legal Expenses Insurance Ltd and Ors v Medreport & Ors, on the proper interpretation of a settlement agreement. 

Partnership and LLP

Obtained a substantial interim payment and an account and enquiry on behalf of a partner who had been denied the benefits of the partnership's assets.

Assisted Jennifer Haywood on Kingston Smith v Morrey, on abuse of process and the proper construction of a partnership agreement.

Specialist contributor to The Law of Limited Liability Partnerships (4th edition) by John Whittaker and John Machell QC, due to be published in early 2016.

Property

Amy has a particular interest in property and regularly advises on and appears in relation to matters such as restrictive covenants, easements, applications to amend or rectify the Register, and boundary disputes.

Acted for the Claimant in The Old Canal Company Limited v Tate (Ref 2016/0443), a claim for rectification of the Register based on the rights granted to a canal owner by an 1812 Act of Parliament.

Advised the trustees of an offshore trust on a claim for proprietary estoppel in relation to London property.

Obtained an Interim Possession Order removing 70 trespassers from an industrial park.

Advised on the enforceability of consent covenants following the death of the covenantee, as well as whether a scheme of development existed which would make the covenants mutually enforceable within the area.

Acted for the defendant in Ullah v Ullah, a claim for a constructive trust over a family home registered in the sole name of the defendant. The court ruled that the defendant's parents, who had contributed to the purchase price and occupied the property since it was acquired, had a license to occupy but no beneficial interest in the house.

Represented the defendant in a claim regarding the correct interpretation of various easements and covenants on an industrial estate. The case raised issues around the modern interpretation of the principle of benefit and burden, as well as what ancillary rights may be implied from a right of way.

Advised on a claim for implied reservation of easements, in the context of the renewal of a commercial lease.

Assisted Andrew Francis in advising on whether historic restrictive covenants would affect the potential development of a plot of land.

Assisted Matthew Morrison on a claim for damages resulting for the wrongful seizure of tools of trade and children’s possessions during the execution of a writ of control and possession.

Professional Negligence

Advised a Bahamian developer as to possible negligence and breach of contract, where a lender relied in an incorrect valuation and failed correctly to ascertain the sums necessary to complete the development.

Assisted Simon Hattan in advising a charitable foundation as to whether losses to its portfolio were due to negligent investment management.

Assisted Daniel Lightman in Gladstar v Layzells [2014] EWHC 1449 (Ch), a claim regarding a breach of solicitor’s undertaking, on whether amendments to statements of case should be allowed where a proposed new defence relied on illegality and where the claimant had failed to comply with a court order. 

Civil Fraud

Instructed in Glenn v Watson, which involved claims to rescind loan agreements of over £100m on grounds of misrepresentation and for secret profits made in breach of fiduciary duty.

Acted as junior counsel for the claimants in Republic of Djibouti v Boreh [2016] EWHC 405 (Comm), an international fraud claim heard over ten weeks in the Commercial Court in autumn 2015 (led by Lord Falconer and Philip Brook Smith QC).

Obtained Norwich Pharmacal orders against two defendant banks, in order to secure details of accounts believed to be linked to a 'boiler room' fraud.

Advised a company which had suffered losses due to online banking fraud on the prospects of a claim against its bank, with particular reference to the Payment Services Regulations 2009.

Assisted Lance Ashworth QC and Matthew Morrison in advising on an alleged complex fraud with regard to IT procurement at a university.

Assisted Matthew Morrison in advising on a claim by liquidators seeking contributions under s213 of the Insolvency Act 1986, in respect of alleged fraudulent evasion of tax related to a property scheme.

Trusts and Probate

Amy acts regularly in probate matters and claims under the Inheritance (Provision for Family and Dependants) Act 1975, as well as landlord and tenant issues arising in a probate context.

Advised executors on potential liabilities under Bahamian law where the deceased died domiciled in England but left property in the Bahamas.

Advised on various probate matters, including grants of administration, in relation to a foreign national who died intestate in England.

Assisted Matthew Morrison on an acrimonious probate case involving a disputed historic transfer of property.

Private International Law

In Oakfield (Foods) Limited v Nogueira Rivelli Irmaos Ltda, successfully challenged the jurisdiction of the English courts to hear a claim for breach of contract brought by an English claimant against a Brazilian defendant.

Qualifications

Birkbeck, University of London: Accelerated LLB (First)
City University: BPTC (Very Competent)
Harvard University: Doctoral work in History & Middle Eastern Studies
Harvard University: MA Middle Eastern Studies
School of Oriental and African Studies, University of London: MA Islamic Art and Archaeology (Merit)
Harvard University: BA Sociology (cum laude)

Memberships

Chancery Bar Association
COMBAR
Property Bar Association
Young Fraud Lawyers Association
Liberty

Publications

The mirror crack'd from side to side: overriding interests, overreaching, and the 'registration gap' - New Law Journal - 26 May 2017

Above the Local Law: Dispensing Powers in Schemes of Development - New Law Journal - 8 July 2016

Dispensing modern justice - Commercial Dispute Resolution - 22 April 2016

Pop-up Courts: 'Hearings in pubs' story was a storm in a pint glass - Solicitors Journal - 29 March 2016

Specialist contributor to The Law of Limited Liability Partnerships (4th edition) by John Whittaker and John Machell QC - 27 January 2016

Driven to the Edge - New Law Journal - 25 September 2015


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