Year of Call: 2009
“Naturally blessed with strong analytical skills and commercially.”
Sophie Holcombe has a commercial chancery practice, with a particular focus on contentious domestic and offshore trusts and civil fraud. Sophie’s work is often multi-jurisdictional, involving issues of private international law.
Currently, Sophie is instructed as junior counsel on a mass data breach claim against British Airways (Various Claimants v British Airways) and acts on behalf of a Georgian billionaire in a dispute against Credit Suisse for losses over mismanagement of an investment portfolio said to be worth over USD 1 billion, proceedings are ongoing in Singapore and Bermuda (Ivanishvili v Credit Suisse). Sophie has also acted in Muncipio de Mariana v BHP Group Plc, the largest piece of group litigation before the English Courts arising from the Fundão Dam collapse in Brazil, in Gudavadze v Anisimov, a claim for over $1.5bn relating to the Russian mining company Metalloinvest, and in the BTA v Ablyazov enforcement proceedings.
Sophie has extensive experience of traditional and commercial chancery matters and is regularly instructed in domestic and offshore trust disputes, company and insolvency litigation, and claims involving intellectual property rights or confidential information. Sophie also advises in relation to charities and contentious probate matters.
Sophie's recent matters include:
Various Claimants v British Airways (ongoing): Led by David Blayney QC, Sophie acts for the lead solicitors in a group action against British Airways. The claim for compensation under the General Data Protection Regulation arises from a breach of British Airways security systems (announced in September 2018) which led to the loss of personal data belonging to hundreds of thousands of customers.
Sophie has also recently been instructed to act on behalf of claimants in the anticipated data breach litigation against easyJet following the announcement that personal data of 9 million of its customers had been wrongfully accessed as a result of a security breach.
Ivanishvili v Credit Suisse Trustee Limited [2020] SGCA 62; and Ivanishvili v Credit Suisse Life (Bermuda) Limited [2020] CA (Bda) 13 Civ: Instructed by Signature Litigation as junior counsel on behalf of the beneficiaries of two trusts which suffered multi•million dollar losses as a result of fraud and mismanagement of a major investment portfolio. Criminal proceedings took place in Switzerland and civil litigation is ongoing in Bermuda and Singapore.
Harcus Sinclair v Your Lawyers [2017] EWHC 2900: Acted for the Defendant in an expedited trial (led by Richard Coleman QC), successfully obtaining an injunction to prevent Harcus Sinclair from acting for approximately 45,000 clients in the VW Emissions Litigation following breach of a solicitors' undertaking given in a non-disclosure agreement.
Z Trusts [2015] JRC 214; [2015] JRC 031; and [2015] JRC 196C: Instructed by Voisin Law in litigation involving consideration of the appropriate procedure for winding down a Jersey Trust in circumstances where the net liabilities of the trust exceed its net assets; issues of priority between former and current trustees' liens over trust assets; and the proper exercise of fiduciary powers.
Hendrick v Knight [2014] ETMR 58: Successfully defended an appeal against the decision of the hearing officer in a trade mark dispute. The decision considered the possibility of a pro bono costs order before the Appointed Person.
Sophie is regularly instructed in civil fraud matters, including claims against fraudulent directors, agents and trustees and claims involving fraudulent investment schemes. Sophie's matters often include proceedings for injunctive relief, such as obtaining and resisting search orders, freezing injunctions and Norwich Pharmacal orders, both in the UK and in various offshore jurisdictions.
Sophie's recent matters include:
Webinvest v Prokofyeva (2018): Instructed by Fieldfisher (led by Hugh Norbury QC) on behalf of Ms Prokofyeva defending dishonest assistance claims and claims under the Insolvency Act. The claims were connected to the ongoing Shlosberg litigation (e.g. ShloIsberg v Avonwick Holdings Ltd [2016] EWCA Civ 1138) in which it is alleged that Mr Shlosberg (Ms Prokofyeva’s husband) unlawfully diverted a receivable said to be worth in excess of US$170m.
ECO Quest Plc v GFI Consultants Ltd (2017): Acted with David Casement QC for Ecoquest, a company that specialises in ethical investments, to recover £2.2 million of losses arising from a fraudulent scheme perpetrated by the Defendants (Mr Bowers and Mr Skeene) which offered investment in Brazilian teak plantations.
Advised the victim of a Ponzi scheme in relation to knowing receipt claims threatened by other victims of the scheme (2016).
BTA v Ablyazov (2013): Acted as junior counsel (led by John Machell QC) for a Norwich Pharmacal respondent in the enforcement proceedings on the instructions of Boodle Hatfield LLP. Successfully secured the return of the respondent's passports delivered up pursuant to a passport order preventing the non-party leaving the jurisdiction until compliance with the disclosure order.
Access Bank v Akingbola [2012] EWHC 2148 (Comm): Instructed by Peters & Peters to assist Paul Chaisty QC defend a claim against the former group chief executive of a Nigerian bank for breach of trust and duty arising from an alleged share support scheme causing the bank to purchase its own shares.
Sophie acts in a wide range of contractual and commercial disputes and has considerable experience of acting in jurisdiction disputes and advising on conflict of laws issues.
Sophie's recent matters include:
Muncipio de Mariana v BHP Group Plc (formerly BHP Billiton): During January and February 2019, Sophie led a team of 20 junior barristers pleading particulars of loss for 600 businesses in the largest piece of group litigation that has been brought before the English Courts. The claim seeks to recover losses caused by the collapse of the Fundão Dam in November 2015 (considered to be the worst environmental disaster in Brazil).
In 2017, led by Jonathan Adkin QC, Sophie acted for a multinational mining conglomerate, in a claim for breach of fiduciary duty against two individuals who held management positions within the group pursuant to advisory contracts. The breaches alleged against the defendants included fraudulently passing funds out of the group and negligently entering into un-commercial agreements with third parties.
Grupo Ozarow SA v Clean Energy Trading Ltd [2016] EWHC 2322: Led by Stephen Houseman QC and Jonathan Harris QC (Hons), successfully discharged a proprietary injunction granted in support of proceedings in Poland. The injunction had the effect of freezing the business of Clean Energy Trading which trades in European Union Carbon Credits.
Kupeli v Sirketi (t/a Cyprus Turkish Airlines) [2016] EWHC 930: Acted for a Turkish airline (led by Jonathan Adkin QC) defending claims arising from a failed takeover of the Northern Cyprus national airline. At the end of the Part 1 Trial 95% of the 838 pleaded claims were dismissed.
Gudavadze v Anisimov (2014): Instructed by Signature Litigation as part of a team led by Paul Girolami QC and Jonathan Adkin QC for the Claimants in a claim for over $1.5bn concerning the Russian mining company Metalloinvest.
Acted as junior counsel in a breach of warranty and misrepresentation claim worth over £6 million arising out of the acquisition of a well-known UK water business.
Charles Lissack v Manhattan Loft Corporation Limited: Acted as part of a team led by Alan Boyle QC in relation to interim proceedings in a claim arising out of the St Pancras development.
Sophie regularly advises on company disputes including unfair prejudice petitions, derivative actions, and shareholder disputes. Sophie’s work involves claims against directors and shadow directors of companies in liquidation following suspected fraud or breach of duty, including claims for misfeasance and actions challenging transactions at an undervalue and preferences.
Sophie's recent matters include:
Acted as sole counsel in a shareholder dispute arising from the attempted division of a company specialising in commissioning and computer aided design. Successfully defended claims for a contribution against one of the shareholders personally.
Muncipio de Mariana v BHP Group Plc (ongoing): Acted as part of a team to recover corporate losses suffered by 600 Brazilian businesses caused by the collapse of the Fundão Dam which took place in November 2015. The litigation concerns the corporate responsibility of Dual Listed Anglo-Australian Company, BHP.
Advised directors whether a multi-million pound dividend distribution could be set aside under the rule in Hastings- Bass due to unexpected tax consequences.
Advised liquidators of a charitable company and its trading subsidiary as to potential breach of duty claims against the former directors.
Access Bank v Akingbola [2012] EWHC 2148 (Comm): Instructed by Peters & Peters to assist Paul Chaisty QC defend a claim against the former group chief executive of a Nigerian bank for breach of trust and duty arising from an alleged share support scheme causing the bank to purchase its own shares.
Sophie has experience of advising liquidators of companies, LLPs and charities. Recently, led by Hugh Norbury QC, Sophie acted on behalf of Ms Prokofyeva defending dishonest assistance claims and claims under the Insolvency Act. The claims were connected to the ongoing Shlosberg litigation (e.g. ShloIsberg v Avonwick Holdings Ltd [2016] EWCA Civ 1138) in which it is alleged that Mr Shlosberg (Ms Prokofyeva’s husband) unlawfully diverted a receivable said to be worth in excess of US$170m (Webinvest v Prokofyeva (2018)).
Sophie advises and acts on contentious domestic and offshore trust and probate matters, often involving multiple jurisdictions and complex corporate structures.
Sophie's recent matters include:
Bidzina Ivanishvili v Credit Suisse Trust [2020] SGCA 62: Instructed by Signature Litigation on behalf of a Georgian billionaire and his family, as beneficiaries of a Singapore and New Zealand Trust, in relation to a dispute against the trustees and their agents for losses over mismanagement of an investment portfolio said to be worth over USD 1 billion. Breach of trust proceedings are currently pending before the Singapore Courts.
Advised on trustee’s duties to intervene in the management of an international group of companies operating in the offshore oil and gas industry to prevent default bond worth over USD 400 million secured against the companies’ assets. Concerned novel issues of trustee’s duties in circumstances where the settlor of the trust has reserved powers to himself in the trust deed.
Advised beneficiaries in relation to potential claims to culturally significant art works estimated to be worth £20 million (or the proceeds of sale of such art works), potentially transferred in breach of trust.
Acted for the trustee of an Employment Benefit Trust in relation to a dispute regarding the Trust’s interest in a Limited Partnership.
Z Trusts [2015] JRC 214; [2015] JRC 031; and [2015] JRC 196C: Instructed by Voisin Law in the Z Trusts I to VIII litigation in Jersey during 2014 and 2015. The litigation involved consideration of the appropriate procedure for winding down a Jersey Trust in circumstances where the net liabilities of the trust exceed its net assets; issues of priority between former and current trustees' liens over trust assets; and the proper exercise of fiduciary powers, namely the power to appoint additional trustees.
Advised trustees on potential enforcement of orders in French succession proceedings over assets situated in London owned by a trust governed by Jersey law in advance of Beddoe application in Jersey.
Acted as junior counsel (led by Richard Harrison QC) for a Jersey trust in private English matrimonial proceedings regarding London situated property.
Volaw Trustee Limited v Trustcorp (Jersey) Limited [2013] JRC 028: Instructed as junior counsel in relation to breach of trust claims against former trustees and obtained disclosure, including Norwich Pharmacal relief in Guernsey, for the purpose of investigating the same.
Sophie’s recent probate matters include advising on the domicile of a testator for the purposes of determining the validity of his will and advising on the construction of will trusts and the obligations of trustees in relation to the same.
Sophie’s work often has an international element, often involving foreign entities, jurisdiction challenges, and conflicts of laws. Sophie has recently been instructed in matters taking place before the Courts of Singapore, Bermuda, Bahamas, BVI, Jersey, Guernsey, and New Zealand.
Sophie's recent matters include:
Bidzina Ivanishvili v Credit Suisse Trustee (Singapore) [2020] SGCA 62: Instructed as junior counsel by Signature Litigation in breach of trust proceedings taking place in Singapore. In July 2020 the Court of Appeal in Singapore dismissed the Trustee’s jurisdiction challenge bringing an end to a long running jurisdiction battle. Sophie previously acted in associated New Zealand proceedings: Ivanishvili v Credit Suisse AG [2018] NZHC 1755.
Bidzina Ivanishvili v Credit Suisse Life (Bermuda) Limited [2020] CA (Bda) 13 Civ: Instructed as junior counsel by Signature Litigation to recover losses suffered by two unit-linked life insurance policies. Proceedings are ongoing in Bermuda.
Muncipio de Mariana v BHP Group Plc (formerly BHP Billiton): During January and February 2019, Sophie led a team of 20 junior barristers pleading particulars of loss for 600 Brazilian businesses. The claims are brought to recover losses caused by the collapse of the Fundão Dam in November 2015 (considered to be the worst environmental disaster in Brazil).
Cable Bahamas Limited v Rubis Bahamas (2016): Instructed by Callenders in proceedings to recover losses caused by a massive fuel leak which caused the closure of Cable’s premises, massive disruption to its business, and injury to numerous individuals.
Z Trusts [2015] JRC 214; [2015] JRC 031; and [2015] JRC 196C: Instructed by Voisin Law in litigation involving consideration of the appropriate procedure for winding down a Jersey Trust in circumstances where the net liabilities of the trust exceed its net assets; issues of priority between former and current trustees' liens over trust assets; and the proper exercise of fiduciary powers.
Advised trustees on potential enforcement of orders in French succession proceedings over assets situated in London owned by a trust governed by Jersey law in advance of Beddoe application in Jersey.
Volaw Trustee Limited v Trustcorp (Jersey) Limited [2013] JRC 028: Instructed as junior counsel in relation to breach of trust claims against former trustees and obtained disclosure, including Norwich Pharmacal relief in Guernsey, for the purpose of investigating the same.
Various Claimants v British Airways (ongoing): Led by David Blayney QC, Sophie acts for the lead solicitors in the group litigation arising against British Airways. The claim for compensation under the General Data Protection Regulation arises from a breach of British Airways security systems (announced in September 2018) which led to loss of personal data belonging to hundreds of thousands of customers.
Ivanishvili v Credit Suisse Life (Bermuda) Limited [2020] CA (Bda) 13 Civ; and Ivanishvili v Credit Suisse Trustee Limited [2020] SGCA 62: Instructed by Signature Litigation as junior counsel on behalf of the beneficiaries of two trusts which suffered multi•million dollar losses as a result of fraud and mismanagement of an investment portfolio said to be worth over USD 1 billion. Criminal proceedings took place in Switzerland and civil litigation is ongoing in Bermuda and Singapore.
Muncipio de Mariana v BHP Group Plc (formerly BHP Billiton): During January and February 2019, Sophie led a team of 20 junior barristers pleading particulars of loss for 600 businesses in the largest piece of group litigation that has been brought before the English Courts. The claim is brought on behalf of over 200,000 claimants for loss caused by the collapse of the Fundão Dam in November 2015 (considered to be the worst environmental disaster in Brazil).
Harcus Sinclair v Your Lawyers [2017] EWHC 2900: Acted for the Defendant in an expedited trial (led by Richard Coleman QC), successfully obtaining an injunction to prevent Harcus Sinclair from acting for approximately 45,000 clients in the VW Emissions Litigation following breach of a solicitors' undertaking given in a non-disclosure agreement.
Grupo Ozarow SA v Clean Energy Trading Ltd [2016] EWHC 2322: Acted for the defendant company trading in Carbon Credits in successfully discharging an ex parte injunction obtained in support of Polish proceedings on the basis, inter alia, that the relevant EU jurisdiction rules were arguably infringed.
Z Trusts [2015] JRC 031; [2015] JRC 214; and [2015] JRC 196C: This litigation involved consideration of the appropriate procedure for winding down a Jersey Trust in circumstances where the net liabilities of the trust exceed its net assets; issues of priority between former and current trustees' liens over trust assets; and the proper exercise of fiduciary powers, namely the power to appoint additional trustees.
Gudavadze v Anisimov (2014): Instructed as part of a team led by Paul Girolami QC and Jonathan Adkin QC for the Claimants in a claim for over $1.5bn concerning the Russian mining company Metalloinvest.
BTA v Ablyazov (2013): Acted as junior counsel (led by John Machell QC) for a Norwich Pharmacal respondent in the enforcement proceedings. Successfully secured the return of the respondent's passports delivered up pursuant to a passport order preventing the non-party leaving the jurisdiction until compliance with the disclosure order.
Chancery: Commercial (Chambers and Partners, 2021)
Offshore (Legal 500, 2021)
"She is extraordinarily hard-working, very thorough and always fully prepared. She's brilliant." Chambers and Partners, 2021
"Naturally blessed with strong analytical skills and commercially." Legal 500, 2021
“…cuts through and clarifies the essence of problems with a natural ease that provides assurance to those reliant upon her advice.”
"Serle Court is a market leader and a go-to set for contentious trust and offshore work. Over the years, we have worked with a number of different silks and juniors on both litigation and arbitration matters, often with a cross jurisdiction aspect. This has included Alan Boyle QC, Dominic Dowley QC, John Machell QC, Richard Wilson QC, Dakis Hagen QC, Sophie Holcombe, and Oliver Jones. The quality of their work has been consistently excellent, and their commercial nous and practical advice certainly sets them out from the pack. Head Clerk, Steve Whitaker, runs a tight ship and is always a pleasure to deal with."
Jeremy Kosky and Maxine Mossman (Clifford Chance LLP)
Charity litigation: Role of the Attorney General, Thomson Reuters Practical Law
Uncovering trustees' reasons, Trusts and Estates Law & Tax Journal, May 2018.
Circumventing Schmidt v Rosewood: a beneficiary’s right to disclosure under Data Protection legislation, Trusts & Trustees, Vol. 23, No. 7, September 2017, pp. 770–778.
PLC Variation of Trusts.
PLC Charity litigation: role of the Attorney General.
Contentious Trade Mark Registry Proceedings
Chambers Global Guide 2022
Serle Court is delighted to announce that chambers has been ranked as a set in the following practice areas... Read More
Chambers UK Bar 2022 - “the quintessential modern commercial chancery set”
Serle Court is delighted to announce that chambers has been ranked in 11 practice areas in this year's Chambers UK... Read More
“She is extraordinarily hard-working, very thorough and always fully prepared. She’s brilliant.”
“…cuts through and clarifies the essence of problems with a natural ease that provides assurance to those reliant upon her advice.”
LLB in Law - Cardiff University (First Class Honours)
BVC - Cardiff Law School (Outstanding)
Commercial Bar Association
Chancery Bar Association
AIPPI
125131557
Previously worked at Clyde & Co in the insurance and reinsurance department.
At the end of 2012 Sophie worked at Conyers Dill and Pearman, Cayman Islands, for three months. Work included advising on hedge funds, resisting an injunction to pre
Chambers Global Guide 2022
Serle Court is delighted to announce that chambers has been ranked as a set in the following practice areas... Read More
Chambers UK Bar 2022 - “the quintessential modern commercial chancery set”
Serle Court is delighted to announce that chambers has been ranked in 11 practice areas in this year's Chambers UK... Read More