Wilton Trustees (IOM) Ltd & anr v AFS Trustee Ltd & Ors BVIHC (COM) 2018/154: Led by Dakis Hagen QC, Sophia acts for a defendant investment company and 50% joint venturer, FIHAG,  in proceedings relating to a BVI trust which holds a valuable UK property portfolio via the joint venture company. The claimants deny the existence of the joint venture and make wide-ranging allegations that the defendants conspired to defraud them of their shareholding in the joint venture company, and for sham and/or fraudulent misrepresentation in relation to a £25 million loan advanced by FiHAG.

Acted, with Matthew Morrison, for a minority shareholder and joint venture partner, in an unfair prejudice petition with associated freezing relief in relation to the wrongful attempts of a company's director to divert the joint venture business and "ferret away" funds. 

Renova Industries Ltd & ors v Emmerson International Corporation & ors BVIHCOM 2013/160: appeared (while on secondment at Agon Litigation) in the BVI Commercial Court for various respondents to asset disclosure and worldwide freezing orders in the context of a joint venture dispute said to be worth c.$1 billion.

BFS Group v Foley & ors [2017] EWHC 2799 (QB): led by Lance Ashworth QC, Sophia acted for defendant suppliers to the claimant logistics group in claims alleging bribery, dishonest assistance and fraudulent misrepresentation. They were successful in defeating the summary judgment application on part of the claim.

Avonwick & ors v Castle & ors: led by Philip Marshall QC and James Mather, Sophia acted for a defendant in an unlawful means conspiracy claim for damages of US$170m in relation to a settlement alleged to constitute a transaction defrauding creditors.

Sole counsel for a UK plc at a fast track trial, successfully defending allegations of fraud and breach of contract.

Sophia has experience acting unled in the Commercial Court and Chancery Division on a range of interlocutory matters, including applications for injunctive relief.

Notable cases include:

Toucan Energy Holdings Ltd & Anr v Wirsol Energy Ltd & Ors: acted (led out of Chambers) for the Claimants in a substantial Commercial Court dispute relating to the financing, construction and sale of 19 solar parks in the UK. Judgment is awaited following a 5-week trial before Henshaw J in October 2020. 

Acting (with David Blayney QC and Sophie Holcombe) for claimants in a large group action against British Airways following the theft of customers' personal data in 2018. 

Acted, led by Jonathan Adkin QC, for a defendant to claims arising out of the bankruptcy of the Russian oil company OAO Yukos Oil (Yukos Finance B.V. & ors v Stephen Lynch & Ors). The case was named as one of The Lawyer's Top 20 Cases of 2019.

Instructed as sole counsel in substantial claims for breach of a shareholders' agreement in relation to a joint venture in the digital entertainment sector.

Advised a debt collection services provider defending a multi-million claim for alleged breaches of a management agreement, by which a Manx bank had outsourced the administration of block discounting agreements and asset finance agreements.

Sophia is regularly instructed in commercial, trusts and asset-tracing matters arising in the offshore jurisdictions, with experience in BVI, Cayman Islands, Channel Islands, and DIFC. 

BVI

Sophia completed a 6-month secondment at Agon Litigation in the British Virgin Islands, and was admitted as a barrister of the Eastern Caribbean Supreme Court (Territory of the Virgin Islands) in October 2018.

Wilton Trustees (IOM) Ltd & anr v AFS Trustee Ltd & Ors BVIHC (COM) 2018/154: Led by Dakis Hagen QC, Sophia acts for a defendant investment company and 50% joint venturer, FIHAG,  in proceedings relating to a BVI trust which holds a valuable UK property portfolio via the joint venture company. The claimants deny the existence of the joint venture and make wide-ranging allegations that the defendants conspired to defraud them of their shareholding in the joint venture company, and for sham and/or fraudulent misrepresentation in relation to a £25 million loan advanced by FiHAG.

Whilst at Agon, she appeared in the BVI Commercial Court and Court of Appeal in Renova Industries Ltd & ors v Emmerson International Corporation & ors, a dispute worth circa US$1 billion between two prominent Russian businessmen and associated parties concerning a joint venture in relation to various power generation and distribution assets in Russia. She also appeared in the Commercial Court in Donna Union Foundation v Koshigi &Ors, where Agon acted for the Receiver appointed alongside worldwide freezing orders to support a London-seated LCIA arbitration. 

DIFC

Sophia is a Part II Registered Practitioner before the DIFC Courts and has particular experience of obtaining and responding to freezing orders and enforcement proceedings in the jursidiction. Her recent work includes:

First Abu Dhabi Bank PJSC v. Larmag Holdings NV [2019] DIFC CFI 030; [2019] DIFC CA 010: Led by Rupert Reed QC at first instance and on appeal for First Abu Dhabi Bank, this was a significant case in confirming the DIFC Court's jurisdiction over onshore banks on the basis that they were recognised members of the DIFC regulator, the DFSA. 

Grand Valley General Trading LLC v. (1) GGICO Sunteck Ltd (2) Sunteck Lifestyles Ltd [2019] DIFC CA 007: Sophia acts with Rupert Reed QC for the Sunteck group in a US $60 million dispute joint venture dispute relating to commercial property around the Burj Khalifa. Sophia acted unled in the DIFC Court of Appeal, dealing with a novel question as to the standing of a non-party venture partner to apply to set aside a default judgment obtained against the deadlocked joint venture company for its dissolution. 

Sophia advises on and acts in contentious trusts matters both domestic and offshore, and has experience of a range of probate matters, including issues arising under the EU Succession Regulation. She also accepts instructions as specialist Chancery counsel in relation to trust law issues arising in matrimonial proceedings. 

Notable cases include: 

Wilton Trustees (IOM) Ltd & anr v AFS Trustee Ltd & Ors BVIHC (COM) 2018/154: Led by Dakis Hagen QC, Sophia acts for a defendant investment company and 50% joint venturer, FIHAG,  in proceedings relating to a BVI trust which holds a valuable UK property portfolio via the joint venture company. The claimants deny the existence of the joint venture and make wide-ranging allegations that the defendants conspired to defraud them of their shareholding in the joint venture company, and for sham and/or fraudulent misrepresentation in relation to a £25 million loan advanced by FiHAG.

Re the estate of Scherbakov (Deceased)  – acted with Dakis Hagen QC and Emma Hargreaves for certain beneficiaries in complex high value international probate litigation in London and BVI.

Davidson v Davidson: led by Giles Richardson, Sophia acted for the defendants to a high-profile dispute between settlors and beneficiaries over the ownership of jewellery, paintings and objet d’art worth over £17 million. The claim settled shortly before trial.

Van der Merwe v. Goldman [2016] EWHC 926 (Ch): Assisted Richard Wilson QC in a successful application on behalf of the claimant to set aside a trust settlement and transfers of property on grounds of mistake as to the tax consequences, with HMRC intervening in the first such case post- Pitt v. Holt.

Sophia is currently instructed by the Middle-East branch of a major bank in an arbitration relating to failed settlements under the 2002 ISDA Master Agreement and associated guarantees, and a substantial misselling claim in the DIFC in relation to oil-derivative products. She has written and given talks on the legal and regulatory aspects of cryptocurrencies, in which she has a particular interest. 

Notable cases include:

First Abu Dhabi Bank PJSC v. Larmag Holdings NV [2019] DIFC CFI 030; [2019] DIFC CA 010: Led by Rupert Reed QC at first instance and on appeal for First Abu Dhabi Bank, this was a significant case in confirming the DIFC's jurisdiction over onshore banks on the basis that they were recognised members of the DIFC regulator, the DFSA. 

Advised a debt collection services provider on defending a multi-million claim for alleged breaches of a management agreement, by which a Manx bank had outsourced the administration of block discounting agreements and asset finance agreements.

Assisted with the independent third party review of RBS GRG complaints, chaired by Sir William Blackburne. 

Instructed, with Philip Marshall QC, by the administrators of Lehman Brothers Limited in the Lehman Brothers administration Waterfall III proceedings.

Prior to coming to the Bar, Sophia worked on the Law Commission's Consumer Rights Act 2015 and Bills of Sale projects, involving extensive research in the fields of consumer credit and secured finance. She is a member of the Secured Transactions Law Reform Project. writes for Butterworths' Journal of International Banking and Financial Law and is contributing to the forthcoming edition of Gough on Company Charges. 

Acted, led by Jonathan Adkin QC, for a minority shareholder in relation to an unfair prejudice petition and related employment proceedings including allegations of quasi-partnership.

Acted, with Matthew Morrison, for a minority shareholder and joint venture partner, in an unfair prejudice petition with associated freezing relief in relation to the wrongful attempts of a company's director to divert the joint venture business and "ferret away" funds. 

Awan v Patel [2017] EWHC 1951 (Ch): led by Thomas Elias, Sophia acted for the successful defendants in a 5 day trial in the Chancery Division in a matter involving allegations that a business opportunity was wrongfully diverted from the partnership and issues as to the shareholdings and appointment of directors in the joint venture company.

Acted (led by Timothy Collingwood) in a direct claim and derivative action against joint venture partners alleging breach of directors' duties in relation to a diverted corporate opportunity.

Sophia is familiar with applications to restore companies to the register, for rectification of hte register and to register company charges out of time. She also has experience advising on the BVI Business Companies Act 2004.

Sophia regularly advises and appears in court on corporate insolvency and bankruptcy matters, both led and unled. She has experience advising on matters relating to the Covid-19 pandemic and the Corporate Insolvency and Governance Act 2020. She is particularly interested in the cross-section between insolvency and fraud matters. 

Notable instructions include:

Sophia recently acted for an individual with a portfolio of secured and unsecured portfolio debt for the development of a comercial site. The Court set aside a substantial statutory demand, applying the (then) Corporate Insolvency and Governance Bill 2020 by analogy to a sole trader. 

Re ASA Recource Group Plc: Acted, led by Timothy Collingwood QC, Sophia acted for a creditor of ASA, the former African mining group, in an appeal against the rejection of a substantial proof of debt relating to unpaid salary, expenses and damages, where the company denied the creditor's status as a senior employee. 

Appeared as sole counsel in the High Court to obtain an injunction restraining the presentation of a winding-up petition on behalf of the UK subsidiary of a NASDAQ-traded company.

Instructed, with Philip Marshall QC, by the administrators of Lehman Brothers Limited in the Lehman Brothers administration Waterfall III proceedings.

Advised a national debt charity pro bono on issues relating to council tax liability orders in personal bankruptcies.

Awan v Patel [2017] EWHC 1951 (Ch): led by Thomas Elias, Sophia acted for the successful defendants in a 5 day trial in the Chancery Division in a matter involving allegations that a business opportunity was wrongfully diverted from the partnership and issues as to the shareholdings and appointment of directors in the joint venture company.

Sophia has a particular interest in private international law and regularly advises on issues of jursidiction and choice of law. Recent instructions include:

IPCom GmbH & Co KG v Vodafone Group Plc [2019] EWHC 1255 (Pat): Acted, led by Prof. Jonathan Harris QC, in a jurisdiction challenge made under Article 30 of the Brussels Recast Regulation in a telecommunications intellectual property dispute. Instructed by Hogan Lovells.

Advising a BVI estate administrator on jurisdiction issues arising in the context of claims made against the worldwide estate

Sophia also accepts instructions to act in arbitrations and is familiar with the major sets of arbitration rules. She recently appeared as sole counsel in a substantial challenge to the jurisdiction of the arbitral tribunal in a Singapore-seated LCIA arbitration relating to a property joint venture.

Sophia hsa previously been instructed in substantial UNCITRAL arbitration in the energy and natural resources sector and has advised on enforcement matters arising out of an ICSID arbitration award. She also has experience of obtaining injunctions in the High Court under section 9 of the Arbitation Act 1966 to stay proceedings issued in breach of an arbtiration agreement.