Cases of note include:

Equity Real Estate (Bracknell) Ltd & Ors v Capstan Capital Partners LLP & Ors (ongoing): acting (with Justin Higgo QC) for five SPVs who are the victims of a complex property fraud. Stephanie obtained extensive disclosure from third parties under the Bankers Trust, Norwich Pharmacal and pre-action disclosure jurisdictions (BL-2020-001104, 17 November 2020).

SMPI Bordeaux SPV 3 Ltd & Ors v Burton & Ors (ongoing): acting (led out of chambers) for 136 claimant victims of a fraudulent wine-lending scheme. The claimants recently obtained judgment without trial following strike-out and default judgment in the sum of over £52 million (including declaratory relief as to their beneficial interest in monies paid to the defendants), avoiding the need for a lengthy and expensive trial.

Russell v Cartwright & Ors [2020] EWHC 41 (Ch): acted (with Dan McCourt Fritz) for three defendants in the trial of a claim for fraudulent non-disclosure and unlawful means conspiracy brought by their former business partner. The defendants were wholly successful at trial and entitled to their costs on the indemnity basis, with the Court finding that they did not owe fiduciary duties or duties of disclosure and that they had been honest in their dealings with the claimant.

Instant Access Properties Ltd v Rosser [2018] EWHC 756 (Ch): Assisted Lance Ashworth QC and Matthew Morrison in acting for one of the defendants in the trial of claims alleging fraudulent breach of fiduciary duties, shadow  directorship, tax evasion and fraudulent trading.

Barley v Muir [2018] EWHC 619 (QB): Assisted Ruth den Besten in a claim for fraudulent misrepresentation arising out of an investment in a pharmaceutical company. Assisted in a separate application for disclosure by the police of documents acquired during their parallel criminal investigation for use in the civil trial.

Willmont v Elm International Ltd: Assisted Justin Higgo acting for respondents to a worldwide freezing order and ancillary disclosure order.

Cases of note include:

Deripaska v Chernukhin [2019] EWHC 173 (Comm): acted (with John Machell QC and James Weale) in a substantial commercial court action involving a property development in central Moscow (instructed by Clifford Chance). Stephanie was instructed to deal with a number of urgent and difficult privilege and disclosure issues immediately prior to the five-week trial.

Christoforou v Christoforou: acted (with Daniel Lightman QC) for the claimant in proceedings concerning a valuable London property held pursuant to a common intention constructive trust. Brought a successful application to strike out allegations of dishonesty, fraud and illegality from the defendants’ Amended Defence and to exclude those allegations from consideration and cross-examination at trial, on the grounds that they amounted to similar fact evidence which was of peripheral value to determining the claim and would have increased the cost (and risked adjournment) of the trial.

Freshasia Foods Ltd v Lu (unled): successfully defended Mr Lu both at the interim injunction stage ([2018] EWHC 3644 (Ch)) and at trial ([2019] EWHC 638 (Ch)) from claims (i) that he had breached restrictive covenants and should be injuncted from working for his new employer, (ii) in copyright infringement and (ii) in breach of confidence. Arnold J found that the restrictive covenants were both void for uncertainty and unenforceable for being in breach of public policy and awarded indemnity costs to Mr Lu. The case also raised important questions of severance and the interim injunction judgment was discussed in the recent Supreme Court decision Egon Zehnder v Tillman.

Spokane v CMS: acted (with Justin Higgo QC) for a private equity fund in proceedings for breach of fiduciary duty against its former solicitor. The Lawyer listed it as one of the Top 20 Cases of 2019.

Rapid Home Warranties Ltd v Farooq (unled): Represented the respondent in a High Court claim concerning ownership of a website, including on an interim  injunction application.

Russell v Cartwright & Ors [2020] EWHC 41 (Ch): acted (with Dan McCourt Fritz) for three defendants in the trial of a claim for fraudulent non-disclosure and unlawful means conspiracy brought by their former business partner. The defendants were wholly successful at trial and entitled to their costs on the indemnity basis, with the Court finding that they did not owe fiduciary duties or duties of disclosure and that they had been honest in their dealings with the claimant.

Equity Real Estate (Bracknell) Ltd & Ors v Capstan Capital Partners LLP & Ors (ongoing): acting (with Justin Higgo QC) for five SPVs who are the victims of a substantial property fraud. Stephanie obtained extensive disclosure from third parties under the Bankers Trust, Norwich Pharmacal and pre-action disclosure jurisdictions (BL-2020-001104, 17 November 2020).

SMPI Bordeaux SPV 3 Ltd & Ors v Burton & Ors (ongoing): acting (led out of chambers) for 136 claimant victims of a fraudulent scheme in which substantial loans were made against the purported security of valuable wine collections. The claimants recently obtained judgment without trial following strike-out pursuant to CPR r 3.5(5) and default judgment in the sum of over £52 million (including declaratory relief as to their beneficial interest in monies paid to the defendants), avoiding the need for a lengthy and expensive trial. 

Wong v Grand View Private Trust Co & Ors (ongoing): acting (with Dakis Hagen QC and Emma Hargreaves) for the Plaintiff in Bermudian proceedings concerning very substantial purpose trusts. The six month trial has just concluded and judgment is awaited. In 2020 and 2021, the Bermuda Supreme Court handed down decisions on issues including the iniquity exception to legal professional privilege ([2020] SC (Bda) 33 Com, 5 August 2020), purging contempt for breach of the implied undertaking ([2020] SC (Bda) 52 Civ, 10 December 2020), specific discovery based on “practical control” and joint interest privilege ([2020] SC (Bda) 57 Com, 30 December 2020), pleading amendments ([2021] SC (Bda) 21 Com (11 March 2021) and the admission of statements of important witnesses without cross-examination ([2021] SC (Bda) 46 Com (9 June 2021)).   

Wong v & Anor v Grand View Private Trust Co (ongoing): acting (with Dakis Hagen QC and Emma Hargreaves) for the Plaintiffs in Bermudian proceedings in which the Plaintiffs obtained summary judgment on the grounds that powers of addition and exclusion in a trust deed cannot be exercised in a manner which changes the substratum of the trust ([2019] SC (Bda) 37 Com). The Defendant was successful on appeal (Civil Appeal No. 5A of 2019, 20 April 2020) and the case is due to be heard by the Judicial Committee of the Privy Council in early 2022.

UNCITRAL arbitration (ongoing) and related subsequent Bahamian litigation: acting (with Dakis Hagen QC) for the trustee of a suite of Bahamian trusts in proceedings concerning the trustee’s decision to distribute the trusts’ assets to the settlor and primary beneficiary of those trusts.

Crociani (appeals): acted (with Dakis Hagen QC) for one of the appellants following breach of  trust litigation in Jersey.

Re X and Y Trusts (2018-2021): Acted (with Paul Adams) for the trustee of two trusts. Successful in obtaining a variety of directions, declarations and Benjamin orders.

Stephanie is also acting for the trustees of several substantial New Zealand trusts and is well placed to do so given she is also qualified in New Zealand.

Wong v Grand View Private Trust Co & Ors (ongoing): acting (with Dakis Hagen QC and Emma Hargreaves) for the Plaintiff in Bermudian proceedings concerning very substantial purpose trusts. The six month trial has just concluded and judgment is awaited. In 2020 and 2021, the Bermuda Supreme Court handed down decisions on issues including the iniquity exception to legal professional privilege ([2020] SC (Bda) 33 Com, 5 August 2020), purging contempt for breach of the implied undertaking ([2020] SC (Bda) 52 Civ, 10 December 2020), specific discovery based on “practical control” and joint interest privilege ([2020] SC (Bda) 57 Com, 30 December 2020), pleading amendments ([2021] SC (Bda) 21 Com, 11 March 2021) and the admission of statements of important witnesses without cross-examination ([2021] SC (Bda) 46 Com, 9 June 2021).  

Wong v & Anor v Grand View Private Trust Co (ongoing): acting (with Dakis Hagen QC and Emma Hargreaves) for the Plaintiffs in Bermudian proceedings in which the Plaintiffs obtained summary judgment on the grounds that powers of addition and exclusion in a trust deed cannot be exercised in a manner which changes the substratum of the trust ([2019] SC (Bda) 37 Com). The Defendant was successful on appeal (Civil Appeal No. 5A of 2019, 20 April 2020) and the case is due to be heard by the Judicial Committee of the Privy Council in early 2022.

UNCITRAL arbitration (ongoing) and related subsequent Bahamian litigation: acting (with Dakis Hagen QC) for the trustee of a suite of Bahamian trusts in proceedings concerning the trustee’s decision to distribute the trusts’ assets to the settlor and primary beneficiary of those trusts.

Crociani (appeals): acted (with Dakis Hagen QC) for one of the appellants following breach of  trust litigation in Jersey.

Re X and Y Trusts (2018-2021): Acted (with Paul Adams) for the trustee of two trusts. Successful in obtaining a variety of directions, declarations and Benjamin orders.

Gupta v Gupta [2018] EWHC 135 (Ch): Assisted Constance McDonnell in successfully defending claims to pronounce against the deceased’s will for want of knowledge and approval.

Stephanie regularly advises and acts as sole counsel in private client disputes. Recent cases have included a Strong v Bird claim concerning the alleged gift of a substantial property, a claim for delivery up of confidential information by former trustees, claims for removal of executors, Beddoe applications, claims for breach of duty by trustees and claims under the 1975 Act.  

Stephanie is also acting for the trustees of several substantial New Zealand trusts and is well placed to do so given she is also qualified in New Zealand.

s 994 petitions: Stephanie is presently acting on two unfair prejudice petitions and related claims for breach of fiduciary duties and for an account.  

Instant Access Properties Ltd v Rosser [2018] EWHC 756 (Ch): Assisted Lance Ashworth QC and Matthew Morrison in defending allegations that one of the parties was a shadow director and had acted in breach of fiduciary duties.

First Subsea Ltd v Balltec Ltd: Assisted Andrew Moran QC in an appeal to the Supreme Court concerning the application of s 21 of the Limitation Act 1980 to breaches of fiduciary duty by company directors.

In re Infund LLP [2018] EWHC 1306 (Ch): Assisted John Machell QC and Dan McCourt Fritz in representing the defendants to a claim brought by Grupo Mexico seeking to avoid the restoration of an LLP to the Register of Companies.

Freshasia Foods Ltd v Lu (unled): successfully defended Mr Lu both at the interim injunction stage ([2018] EWHC 3644 (Ch)) and at trial ([2019] EWHC 638 (Ch)) from claims (i) that he had breached restrictive covenants and should be injuncted from working for his new employer, (ii) in copyright infringement and (ii) in breach of confidence. Arnold J found that the restrictive covenants were both void for uncertainty and unenforceable for being in breach of public policy and awarded indemnity costs to Mr Lu. The case also raised important questions of severance and the interim injunction judgment was discussed in the recent Supreme Court decision Egon Zehnder v Tillman.

Rapid Home Warranties Ltd v Farooq (unled): Represented the respondent on an interim  injunction application in the High Court concerning ownership of a website.

Stephanie acts as specialist chancery counsel in matrimonial proceedings in the Family Division.