Liz has spent much of her professional life dealing with fraud, breach of fiduciary duty and other wrongdoing.

Kea Investments Ltd v Wikeley Family Trust; devising and overseeing the execution of the strategy to deal with an international fraud in which the perpetrators obtained a default judgment in Kentucky. Litigation has ensued in Kentucky, New Zealand and Australia, including applications for orders preventing the defendant from leaving Australia and requiring him to give up his passport, anti-enforcement injunctions granted on the basis that the default judgment had been obtained by fraud, and orders for disclosure of assets and funding arrangements and for security for costs. In NZ: Jurisdiction judgment at [2023] NZHC 466 and in the CA at [2024] NZCA 48; final judgment on the basis of formal proof at  [2023] NZHC 3260; final anti-enforcement injunctions were granted, damages for conspiracy were awarded and a purported assignment of the default judgment and the underlying cause of action was set aside on the basis that doing so was outwith the director/trustee’s powers. In Australia; judgment of Cooper J on the application to set aside the interlocutory anti-enforcement injunctions and the passport orders at [2023] QSC 215. Currently awaiting judgments from the CA in NZ and Australia.

Kea v Watson ([2023] EWHC 1830 (Ch) and ([2023] EWHC 1768 (Ch)). Final award of equitable compensation for breach of fiduciary duty following the long running Spartan litigation, applying relevant principles in relation to apportionment and allocation of compensation recovered from proprietary claims and claims against third parties. Obtained orders protecting the confidentiality of the terms of some of the settlements involved with third parties which fell to be considered, drawing on principles allowing such protection where there is a real risk of harm through harassment.

Kea v Watson: [2020] EWHC 2599 (Ch) (liability) [2020] EWHC 2796 (Ch) (sentencing).   A 17 day committal application conducted remotely in April-May 2020 resulted in the defendant being sentenced to 4 months in prison.

Glenn v Watson [2018] EWHC 2016: Judgment for deceit, breach of fiduciary duty and bribery after a 3 month trial. The Claimant succeeded in obtaining interest at 6.5% compounded annually: [2018] EWHC Ch 2483 and [2019] 4 W.L.R. 145 (CA).  Enforcement proceedings have included a claim to enforce against an associate which gave rise to an important decision on service out of enforcement claims at [2019] EWHC 309 (Ch) and on the appropriate test where a defendant sought to use money subject to a proprietary claim for legal fees: [2020] EWHC 472 (Ch). Other enforcement proceedings are taking place in Jersey and New Zealand. 

Glenn v Watson [2017] 4 WLR 48. Waiver of confidentiality by referring to confidential communications in pleadings; whether party entitled to speak before trial to witnesses who were subject to a duty of confidentiality.

[2016] EWHC 475 Kanev-Lipinski v Lipinski: successfully set aside a freezing order obtained without notice.

6 December 2016 (unreported): Conapro-Dena v Republic of Gambia: claim against the Republic of the Gambia defended on the grounds that a former ambassador had been bribed to procure the contract.

[2014] UKPC 37 Alhamrani v Alhamrani: upheld findings of dishonesty in relation to evidence given in the BVI court and previously in the courts of Saudi Arabia.

2011-12: claim against a trust company by former clients in relation to fraudulent conduct of former managing director. 28 party settlement on excellent terms achieved.

Inter-Continental Bank v Akingbola [2011] EWHC 605 (Comm). Fraud against bank by former Chief Executive.

Alhamrani v Alhamrani [2009] JLR 301: Conspiracy to pervert the course of justice, forgery, perjury, suborning of witnesses and alteration of computers to prevent proper disclosure.

The long running Omar saga in which the wife and mistress of a deceased domiciled in Egypt defrauded the estate of approximately $10m, using the usual panoply of bearer shares and Panamanian and Liechtenstein entities; 2 separate actions, first against the wife and mistress and subsequently against a major bank for dishonest assistance; Re Omar (a bankrupt) [2000] B.C.C. 434.

Acted as "counsel to the inquiry" in relation to the investigation carried out by Gavin Lightman Q.C. (as he then was) into what had happened to money donated during the miners' strike of 1984-5.
 

Liz has particular expertise in dealing with very large scale litigation.

SFO v Litigation Capital One [2022] EWHC 3053 (Comm). Rights arising under a funding agreement in fraud litigation, with proprietary claims to assets from several defrauded parties, the litigation funder and the SFO. In particular, issues arising as to the effect of a declaration of trust contained in the litigation funding agreement, and the validity of appointment and role of trustees including the right to indemnity.

Kea v Watson: [2020] EWHC 2599 (Ch) (liability) [2020] EWHC 2796 (Ch) (sentencing).   A 17 day committal application conducted remotely in April-May 2020 resulted in the defendant being sentenced to 4 months in prison.

Glenn v Watson [2018] EWHC 2016: Judgment for deceit, breach of fiduciary duty and bribery after a 3 month trial. The Claimant succeeded in obtaining interest at 6.5% compounded annually: [2018] EWHC Ch 2483 and [2019] 4 W.L.R. 145 (CA).  Enforcement proceedings have included a claim to enforce against an associate which gave rise to an important decision on service out of enforcement claims at [2019] EWHC 309 (Ch) and on the appropriate test where a defendant sought to use money subject to a proprietary claim for legal fees: [2020] EWHC 472 (Ch).

2017: very substantial arbitration under the rules of the Japan Commercial Arbitration Association involving a claim by a distributor in relation to conspiracy and breach of duties of good faith against a Japanese OEM.

Alhamrani v Alhamrani. [2014] UKPC 37, HCVAP 2012/026 (Privy Council July 2014, Eastern Caribbean Court of Appeal, September 2013, BVI Commercial court December 2012).

Drayne v McKillen [2011] EWHC 3326 (QB).Ownership of shares in a company owning Claridges  etc.

Pink Floyd Music Ltd v EMI Records Limited [2010] EWHC 533 (Ch); (2010) 107(12) L.S.G. 25. Construction of contract.

Speed Investments Ltd v Formula One Holdings Ltd (No1) [2005] 1 WLR 1233, (No 2) [2005] 1 WLR 1936 and (No 3) [2004] EWHC 3215. Acting for banks who had enforced security over shares in the holding company of Formula One.

Contentious trust and probate litigation forms a significant part of Liz's practice, especially where breach of duty or dishonesty are involved. Many of these disputes are settled or take place in private and so remain confidential. Liz has experience of litigation in this area in Jersey, Guernsey, BVI, Bahamas and Hong Kong as well as in the UK.

Frain v Reeves [2023] EWHC 73 [Ch]. Successfully opposed an application for permission to bring committal proceedings in connection with evidence given and a disclosure statement made in contentious probate proceedings. The application also raised the issue of whether the findings of fact in the underlying judgment in the probate proceedings could be relied upon as against the defendant in those proceedings, and against a witness in the underlying proceedings.

Re X Trusts [2022] WTLR 355; Public Trustee v Cooper application in relation to the proposed exercise of the trustees’ powers to divide the assets of the trusts unequally between branches of the family; scope and nature of protectors’ powers.

Kea v Watson [2021] JRC 009: arrets entre mains granted over debts due from various trusts to a judgment debtor: an attempt to obtain an arret over the judgment debtor’s interest as a discretionary beneficiary of the trusts failed.

Kea v Watson [2019] 4 WLR 145 (CA); award of equitable compensation and the appropriate approach to compound interest where the defendant is accounting as a constructive trustee.

Roadchef (Employee Benefit Trusts) Ltd v Hill [2015] 1 P. & C.R. DG15; successfully masterminded the settlement of a claim for breach of fiduciary duty which had been running on for years in the absence of a mechanism for settlement in the case of a trust with a shifting body of beneficiaries; eventually the settlement agreement was approved by the court in a confidential hearing.

Re Dunlop Settlement [2013] JRC 029, Re Capita Trustees [2011] JLR Note 29. Advised a Jersey trust company in relation to a trust where none of the assets, the liabilities and the beneficiaries could be identified with certainty, where sham was asserted and where the trustee was conflicted.

2009: Alhamrani v Alhamrani: Led a team of 5 counsel and several Jersey advocates at short notice in the Alhamrani litigation in Jersey, Jersey's largest ever trust action, which settled after 100 days of trial.

Liz has nearly 30 years experience in the music business, and has advised several record companies in relation to some of their best known clients.

Pink Floyd Music Ltd v EMI Records Limited [2011] 1 WLR 770 (CA), [2010] EWHC 533 (Ch); (2010) 107(12) L.S.G. 25. Construction of contract.

Barrett v Universal Island Records Ltd [2006] EMLR 21.Successfully defended Universal-Island Records and the Marley family in proceedings brought by former members of the Wailers claiming ownership of song copyrights, breach of recording contracts and breach of performers' rights.

Represented EMI in several disputes between EMI and Apple Corps, most memorably the dispute over putting the Red and Blue albums onto CD: EMI Records Ltd v Apple Corps Ltd [1994] EMLR 73.

Represented Elton John in the seminal music business case of Elton John v Dick James Music, establishing the principle that a record/publishing company owes fiduciary duties in the exploitation of the relevant copyrights; John v James [1991] FSR 397.

Liz has regularly acted in banking and financial services cases. She was Complaints Ombudsman for LIFFE in 2001-8.

Inter-Continental Bank v Akingbola [2011] EWHC 605 (Comm).

Redwood Master Fund v TD Bank Europe Ltd [2006] BCLC 149.

Saudi Arabian Monetary Agency v Dresdner Bank AG [2004] 2 Lloyd’s Rep 19, [2005] 1 Lloyds Rep 12.

R v B: Acted for a claimant against a bank in relation to $10m paid out on a forged signature in the context of a prime bank instrument fraud. (Settled during trial)

More than 20 years of involvement in the futures market, including advising disciplinary appeal committees and advising on rules and legislation.

Conducted a substantial enquiry into market manipulation 2006-2008.

Mediated the first market manipulation matter to go to mediation and several regulatory mediations since.