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Jennifer Haywood

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Jennifer Haywood

Areas of Expertise

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Year of Call: 2001 jhaywood@serlecourt.co.uk

Overview

Jennifer has a broad commercial chancery practice, with an emphasis on breach of fiduciary duty, company, insolvency, partnership, civil fraud and contentious trusts and probate. She is particularly well regarded for her commercial outlook and client interaction and for her ability to apply her experience across different areas of commercial/chancery work.  Jennifer also acts as a mediator and as an arbitrator.

She is described by Chambers and Partners as “bright, dogged and tactically aware”.

Areas of Expertise and Cases


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Arbitration

Jennifer has acted as advocate in several arbitrations on behalf of law firms and individual partners.

She has been also been appointed as arbitrator in arbitration between members of a law firm and arbitration between members of a restaurant partnership.



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Civil Fraud

Jennifer has acted for both claimants and defendants in several substantial fraud cases.  She is well versed with freezing and proprietary orders.

Republic of Djibouti & Ors v Boreh:  US$111m worldwide freezing order against Djibouti’s former port manager for breaches of his duty as civil or public law agent under Djibouti law with permission to enforce in foreign jurisdictions. Led by Khawar Qureshi QC

Fiona v Privalov [2006] REHC 2583 (Comm): fraud and bribery claim by Russian state owned shipping enterprise

SBS Worldwide Ltd v Clark: Claim by company against finance director for misappropriating over £1m, supported by freezing order.

Wandsworth Council v Barnett – claim for revocation of grant of letters of administration and admission of will to probate, accompanied by application for freezing injunction, appointment of administrator under s117 SCA 1981, order for disclosure and delivery up of estate assets and order for execution of letters authorising transfer of such assets by a Master pursuant to s39 SCA 1981.

Secretary of State for Health v Norton Healthcare: claim against generic drug companies in relation to price fixing, led by Michael Briggs QC, Philip Jones QC and David Drake.

 


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Commercial Litigation

Republic of Djibouti & Ors v Boreh:  US$111m claim against Djibouti’s former port manager for breaches of his duty as civil or public law agent under Djibouti law, led by Khawar Qureshi QC.

Aeroflot v Berezovsky & Ors [2012] EWHC 3017 (Ch):  Summary dismissal of Aeroflot’s claim for enforcement of a £15m Russian judgment on ground it breached principle of finality. Led by Philip Jones QC.

Aeroflot v Berezovsky & Ors:  Defending former Deputy Director General of Aeroflot against £100m claim for breach of his Russian law duties as employee/director, led by Philip Jones QC.

C v C: US$1bn dispute between Russian joint venturers, led by John Machell QC.

Ecclestone v Mullens:  Claim to set aside £15m loan to legal adviser on ground of undue influence.

Experience Hendrix LLC v PPX Enterprises Inc and anor [2003] EWCA Civ 323: Court of Appeal decision affirming that Wrotham Park damages are available for breach of contract.

Artisan H Ltd v BDW Trading Ltd & Ors – claim for injunction restraining fellow LLP member from assuming unauthorised control of a property development joint venture.

SBS Worldwide Ltd v Clark:  claim by company against finance director for misappropriating over £1m.

Fiona v Privalov [2006] REHC 2583 (Comm): fraud and bribery claim by Russian state owned shipping enterprise.

Woodrow Holdings Inc v Karchava: enforcement of £2.5m judgment against Georgian domiciled defendant.

Secretary of State for Health v Norton Healthcare: claim against generic drug companies in relation to price fixing, led by Michael Briggs QC, Philip Jones QC and David Drake.

Medreport v DAS Insurance: £1m claim for breach of contract.

Pinnacle Computing (Support) Ltd v Realty BG Eood & Ors: claim under guarantee on a loan to a property investment company.

Eid v Al Kazemi: Claim for specific performance of a share transfer agreement, defeating defence of undue influence. Led by Daniel Lightman.

 


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Insolvency

Jennifer has advised liquidators, directors/members and creditors in relation to Insolvency Act claims and applications to set aside dispositions of property.  She has extensive experience of directors’ disqualification matters, including applications under s17 CDDA.  Some of the more unusual applications/issues she has addressed are:

Mallon v Halliwells LLP (in administration): dispute as to whether court can grant leave under para 43(6)(b) of Schedule B1 of the Insolvency Act 1986 to bring proceedings retrospectively.

Re Peter Norton: defence of application under s303 IA 1986 in relation to costs of a trustee in bankruptcy.

Re F: Interrelationship between IVA, interests under a trust and exercise of a power of attorney.


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Company

Jennifer has particular experience of cases relating to directors’ duties and liabilities and minority shareholder rights. She has had conduct of several petitions under s994 of the Companies Act 2006.  Jennifer also has experience of rarer applications such as applications to restore companies to the register and an application to stay a voluntary winding up, and her company work is informed by her very extensive LLP expertise.

In the matter of McDonnell & Co Ltd: dispute between 50/50 shareholders of companies owning a series of caravam and leisure parks worth several million pounds.

Re Eurolink Commercial Solutions - complex claim for rectification of share register of European payment processing arm of an online casino, coupled with a s994/winding up petition and application for appointment of receiver.

Clark v Halesburton: claim for transfer of shares complicated by failure to comply with necessary company law formalities.


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Partnerships and LLP

Legal 500 says that ‘Jennifer Haywood is “a star in the making” who “is always available, and always has an answer”’.

Jennifer’s partnership experience covers both contentious and non-contentious work and has involved general partnerships, limited partnerships and limited liability partnerships.

Her clients have included professional services firms (including legal, accounting, surveying and medical firms), financial services firms (including a major retail/investment bank), investment vehicles, property partnerships and individual partners/members (including LP investors and general partners in such firms). She has advised on LLP conversions, amendments to deeds, LLP members’ duties in an insolvency, repudiation of LLPs, transfer of business opportunities, expulsions, enforceability of restrictive covenants, valuation of goodwill, salaried partners’ status, s994 CA 2006/just and equitable winding up, recovery of overdrawn profits and challenges to the exercise of discretion, amongst other issues.

Jennifer has handled dozens of disputes but most of Jennifer’s partnership work is highly confidential.  

Some of the more unusual disputes that have reached court have been

Flanagan v Liontrust Investment Partners LLP [2015] EWHC 2171 (Ch) Henderson J - unfair prejudice claim under Companies Act 2006; and applicability of the doctrine repudiatory breach to LLPs (instructed by Macfarlanes LLP).

Artisan H Ltd v BDW Trading Ltd & Ors – claim for injunction restraining fellow LLP member from assuming unauthorised control of a property development joint venture.

Annamayer v Urwick Capital Management LLP – claim for declaration as to whether client had actually become a member of an LLP membership of LLP, led by John Machell QC.

Re the O’Shea Partnership LLP - application to stay voluntary winding up.

Jennifer's expertise as an advocate and adviser is complemented by her experience as a mediator and arbitrator and she is a member of the Committee of the Association of Partnership Practitioners


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Professional Negligence

Jennifer has experience of handling or advising in relation to professional negligence claims against solicitors, auditors and accountants and the Medical Defence Union.  The issues involved reflect the rest of her practice – failure to detect fraud, failure to understand partnership/LLP accounts and drafting necessities, negligent will drafting, negligent advice in relation to administration of estates, negligent trust investment advice,.


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Trusts and Probate

Jennifer is an associate member of ACTAPs and has experience of the full breadth of contentious trusts and probate work, including disputes over the validity and/or construction of wills and trust deeds, breach of trust claims, mental capacity issues, undue influence, Inheritance Act claims, Beddoes applications, proprietary estoppel, conflicts in relation to the appointment and removal of trustees, constructive trusts. She has acted for offshore firms as well as onshore firms.

Some of the more unusual issues she has encountered are:

Wakeham v Gard & Co & Ors: Defence of proprietary estoppel claim by charitable beneficiaries of will trust

Nissim, Wettreich v Wettreich: Claim to set aside power of attorney on ground of undue influence and/or exercise of power of attorney for mistake. Led by John Machell QC.

Re The Estate of Nora Grohs deceased – claim by UK charities to set aside exercise of power to revoke English inter vivos settlement on grounds of undue influence on South African settlor, involving conflict of laws issues.

Re HSBC Trust Co (UK) Ltd: application for permission to pay remaining trust assets into court

Re Almqvist: £1m claim against solicitors’ firms by 2 estates involving complex issues as to the capacity in which claim made arising out of failure by one of the deceased to administer the estate of the other.

Wandsworth v Barnett – claim for revocation of grant of letters of administration and admission of will to probate, accompanied by application for freezing injunction, appointment of administrator under s117 SCA 1981, order for disclosure and delivery up of estate assets and order for execution of letters authorising transfer of such assets by a Master pursuant to s39 SCA 1981.

 

All Quotes

"Highly able and with massive intellectual firepower, she's ruthless when she needs to be and has a fingertip feeling for the issues." (Chambers and Partners 2015).

"An excellent senior junior with significant experience and expertise in this space." (Legal 500 2015).

"A force in her own right who doesn't sit on the fence and is robust but realistic." (Chambers and Partners 2015).

"bright, dogged and tactically aware" (Chambers and Partners Guide 2012)

“’Nothing is too much trouble’ for Jennifer Haywood, ‘who is brimming with common sense’ and is building an impressive reputation in this field”. (Chambers and Partners Guide 2011)

"technically and intellectually outstanding" (Legal 500 2010)

"A capable performer who interprets the law excellently", she is "mature and sensible in her outlook and very commercial." (Chambers & Partners Guide 2008)

Clients and solicitors favour her “concise yet very thorough advice and written opinions” and her “ability to think seamlessly.” With a broad commercial chancery practice, she is “able to cross-apply principles between disciplines very well” and offers clients “consistently sound judgement.”... Especially well regarded for her client interaction in contentious matters, she is distinguished for her “wonderful touch with clients, which really enables tense situations to be smoothed over successfully.” (Chambers and Partners Guide 2009)

Recommendations

Partnership (Chambers & Partners)
Partnership (Legal 500)

Jennifer Haywood

Jennifer Haywood

Year of Call: 2001
Email: jhaywood@serlecourt.co.uk

Overview

Jennifer has a broad commercial chancery practice, with an emphasis on breach of fiduciary duty, company, insolvency, partnership, civil fraud and contentious trusts and probate. She is particularly well regarded for her commercial outlook and client interaction and for her ability to apply her experience across different areas of commercial/chancery work.  Jennifer also acts as a mediator and as an arbitrator.

She is described by Chambers and Partners as “bright, dogged and tactically aware”.

Areas of expertise

Recommendations

Partnership (Chambers & Partners)
Partnership (Legal 500)

Quotes

"Highly able and with massive intellectual firepower, she's ruthless when she needs to be and has a fingertip feeling for the issues." (Chambers and Partners 2015).

"An excellent senior junior with significant experience and expertise in this space." (Legal 500 2015).

"A force in her own right who doesn't sit on the fence and is robust but realistic." (Chambers and Partners 2015).

"bright, dogged and tactically aware" (Chambers and Partners Guide 2012)

“’Nothing is too much trouble’ for Jennifer Haywood, ‘who is brimming with common sense’ and is building an impressive reputation in this field”. (Chambers and Partners Guide 2011)

"technically and intellectually outstanding" (Legal 500 2010)

"A capable performer who interprets the law excellently", she is "mature and sensible in her outlook and very commercial." (Chambers & Partners Guide 2008)

Clients and solicitors favour her “concise yet very thorough advice and written opinions” and her “ability to think seamlessly.” With a broad commercial chancery practice, she is “able to cross-apply principles between disciplines very well” and offers clients “consistently sound judgement.”... Especially well regarded for her client interaction in contentious matters, she is distinguished for her “wonderful touch with clients, which really enables tense situations to be smoothed over successfully.” (Chambers and Partners Guide 2009)

Arbitration

Jennifer has acted as advocate in several arbitrations on behalf of law firms and individual partners.

She has been also been appointed as arbitrator in arbitration between members of a law firm and arbitration between members of a restaurant partnership.

Civil Fraud

Jennifer has acted for both claimants and defendants in several substantial fraud cases.  She is well versed with freezing and proprietary orders.

Republic of Djibouti & Ors v Boreh:  US$111m worldwide freezing order against Djibouti’s former port manager for breaches of his duty as civil or public law agent under Djibouti law with permission to enforce in foreign jurisdictions. Led by Khawar Qureshi QC

Fiona v Privalov [2006] REHC 2583 (Comm): fraud and bribery claim by Russian state owned shipping enterprise

SBS Worldwide Ltd v Clark: Claim by company against finance director for misappropriating over £1m, supported by freezing order.

Wandsworth Council v Barnett – claim for revocation of grant of letters of administration and admission of will to probate, accompanied by application for freezing injunction, appointment of administrator under s117 SCA 1981, order for disclosure and delivery up of estate assets and order for execution of letters authorising transfer of such assets by a Master pursuant to s39 SCA 1981.

Secretary of State for Health v Norton Healthcare: claim against generic drug companies in relation to price fixing, led by Michael Briggs QC, Philip Jones QC and David Drake.

 

Commercial Litigation

Republic of Djibouti & Ors v Boreh:  US$111m claim against Djibouti’s former port manager for breaches of his duty as civil or public law agent under Djibouti law, led by Khawar Qureshi QC.

Aeroflot v Berezovsky & Ors [2012] EWHC 3017 (Ch):  Summary dismissal of Aeroflot’s claim for enforcement of a £15m Russian judgment on ground it breached principle of finality. Led by Philip Jones QC.

Aeroflot v Berezovsky & Ors:  Defending former Deputy Director General of Aeroflot against £100m claim for breach of his Russian law duties as employee/director, led by Philip Jones QC.

C v C: US$1bn dispute between Russian joint venturers, led by John Machell QC.

Ecclestone v Mullens:  Claim to set aside £15m loan to legal adviser on ground of undue influence.

Experience Hendrix LLC v PPX Enterprises Inc and anor [2003] EWCA Civ 323: Court of Appeal decision affirming that Wrotham Park damages are available for breach of contract.

Artisan H Ltd v BDW Trading Ltd & Ors – claim for injunction restraining fellow LLP member from assuming unauthorised control of a property development joint venture.

SBS Worldwide Ltd v Clark:  claim by company against finance director for misappropriating over £1m.

Fiona v Privalov [2006] REHC 2583 (Comm): fraud and bribery claim by Russian state owned shipping enterprise.

Woodrow Holdings Inc v Karchava: enforcement of £2.5m judgment against Georgian domiciled defendant.

Secretary of State for Health v Norton Healthcare: claim against generic drug companies in relation to price fixing, led by Michael Briggs QC, Philip Jones QC and David Drake.

Medreport v DAS Insurance: £1m claim for breach of contract.

Pinnacle Computing (Support) Ltd v Realty BG Eood & Ors: claim under guarantee on a loan to a property investment company.

Eid v Al Kazemi: Claim for specific performance of a share transfer agreement, defeating defence of undue influence. Led by Daniel Lightman.

 

Insolvency

Jennifer has advised liquidators, directors/members and creditors in relation to Insolvency Act claims and applications to set aside dispositions of property.  She has extensive experience of directors’ disqualification matters, including applications under s17 CDDA.  Some of the more unusual applications/issues she has addressed are:

Mallon v Halliwells LLP (in administration): dispute as to whether court can grant leave under para 43(6)(b) of Schedule B1 of the Insolvency Act 1986 to bring proceedings retrospectively.

Re Peter Norton: defence of application under s303 IA 1986 in relation to costs of a trustee in bankruptcy.

Re F: Interrelationship between IVA, interests under a trust and exercise of a power of attorney.

Company

Jennifer has particular experience of cases relating to directors’ duties and liabilities and minority shareholder rights. She has had conduct of several petitions under s994 of the Companies Act 2006.  Jennifer also has experience of rarer applications such as applications to restore companies to the register and an application to stay a voluntary winding up, and her company work is informed by her very extensive LLP expertise.

In the matter of McDonnell & Co Ltd: dispute between 50/50 shareholders of companies owning a series of caravam and leisure parks worth several million pounds.

Re Eurolink Commercial Solutions - complex claim for rectification of share register of European payment processing arm of an online casino, coupled with a s994/winding up petition and application for appointment of receiver.

Clark v Halesburton: claim for transfer of shares complicated by failure to comply with necessary company law formalities.

Partnerships and LLP

Legal 500 says that ‘Jennifer Haywood is “a star in the making” who “is always available, and always has an answer”’.

Jennifer’s partnership experience covers both contentious and non-contentious work and has involved general partnerships, limited partnerships and limited liability partnerships.

Her clients have included professional services firms (including legal, accounting, surveying and medical firms), financial services firms (including a major retail/investment bank), investment vehicles, property partnerships and individual partners/members (including LP investors and general partners in such firms). She has advised on LLP conversions, amendments to deeds, LLP members’ duties in an insolvency, repudiation of LLPs, transfer of business opportunities, expulsions, enforceability of restrictive covenants, valuation of goodwill, salaried partners’ status, s994 CA 2006/just and equitable winding up, recovery of overdrawn profits and challenges to the exercise of discretion, amongst other issues.

Jennifer has handled dozens of disputes but most of Jennifer’s partnership work is highly confidential.  

Some of the more unusual disputes that have reached court have been

Flanagan v Liontrust Investment Partners LLP [2015] EWHC 2171 (Ch) Henderson J - unfair prejudice claim under Companies Act 2006; and applicability of the doctrine repudiatory breach to LLPs (instructed by Macfarlanes LLP).

Artisan H Ltd v BDW Trading Ltd & Ors – claim for injunction restraining fellow LLP member from assuming unauthorised control of a property development joint venture.

Annamayer v Urwick Capital Management LLP – claim for declaration as to whether client had actually become a member of an LLP membership of LLP, led by John Machell QC.

Re the O’Shea Partnership LLP - application to stay voluntary winding up.

Jennifer's expertise as an advocate and adviser is complemented by her experience as a mediator and arbitrator and she is a member of the Committee of the Association of Partnership Practitioners

Professional Negligence

Jennifer has experience of handling or advising in relation to professional negligence claims against solicitors, auditors and accountants and the Medical Defence Union.  The issues involved reflect the rest of her practice – failure to detect fraud, failure to understand partnership/LLP accounts and drafting necessities, negligent will drafting, negligent advice in relation to administration of estates, negligent trust investment advice,.

Trusts and Probate

Jennifer is an associate member of ACTAPs and has experience of the full breadth of contentious trusts and probate work, including disputes over the validity and/or construction of wills and trust deeds, breach of trust claims, mental capacity issues, undue influence, Inheritance Act claims, Beddoes applications, proprietary estoppel, conflicts in relation to the appointment and removal of trustees, constructive trusts. She has acted for offshore firms as well as onshore firms.

Some of the more unusual issues she has encountered are:

Wakeham v Gard & Co & Ors: Defence of proprietary estoppel claim by charitable beneficiaries of will trust

Nissim, Wettreich v Wettreich: Claim to set aside power of attorney on ground of undue influence and/or exercise of power of attorney for mistake. Led by John Machell QC.

Re The Estate of Nora Grohs deceased – claim by UK charities to set aside exercise of power to revoke English inter vivos settlement on grounds of undue influence on South African settlor, involving conflict of laws issues.

Re HSBC Trust Co (UK) Ltd: application for permission to pay remaining trust assets into court

Re Almqvist: £1m claim against solicitors’ firms by 2 estates involving complex issues as to the capacity in which claim made arising out of failure by one of the deceased to administer the estate of the other.

Wandsworth v Barnett – claim for revocation of grant of letters of administration and admission of will to probate, accompanied by application for freezing injunction, appointment of administrator under s117 SCA 1981, order for disclosure and delivery up of estate assets and order for execution of letters authorising transfer of such assets by a Master pursuant to s39 SCA 1981.

 

Qualifications

Christ's College, Cambridge - MA (Natural Sciences), MB BCh
City University - Postgraduate Diploma in Law (CPE)
Megarry Scholarship, Lincoln's Inn

 

Memberships

Chancery Bar Association
Commercial Bar Association
Association of Partnership Practitioners
ACTAPS (associate member)

Publications

"Discretionary decision making in a commercial context", Journal of International Banking and Finance Law

Contribution to The Law of Limited Liability Partnerships, 3rd Edition, October 2009

Practice Note on Statutory Wills for PLC

Practice Note on Deputies for PLC

CPDcast on Fiduciary Duties in Partnerships and LLPs

"Breach of Fiduciary Duty: Flexibility triumphs over rigidity".TELTJ November 2007

Charitable Trust: Reclaiming vague, Ulrich and its impact on the Charitable Trusts (Validation) Act 1954, Trusts and Estates Law and Tax Journal, No. 67, June 2005


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