Expertise
Suzanne is comfortable mediating a wide range of commercial disputes. Through her work as a litigator, Suzanne has handled high value, high profile banking and finance disputes, disputes arising out of contentious insolvency, director and/or shareholder disputes and general commercial disputes. Her breadth of experience extends from these areas to a number of other practice areas including, private equity, real estate, pensions and intellectual property.
Examples of disputes include:
Banking and Financial Services
Claim brought by an investment bank against its former customer over the obligation to pay a £multi-million fee.
Dispute between two investment banks in respect of the assumption of £multi-million loan obligations under an LMA Agreement.
Claim by a hotel entrepreneur against an asset management agency alleging the wrongful transfer of £multi-million debts from the asset management agency to a third party. (Leisure)
Claim by an investment bank against its collateral managers in relation to US$250 million worth of commodity exposure to an alleged metals financing fraud in two Chinese ports, involving complicated commodity finance arrangements.
Dispute between a sovereign wealth fund and a former investment manager in relation to US$80 million of misappropriated funds.
Claim by a named beneficiary under a US$multi-million letter of credit against the issuing bank citing the applicant’s failure to comply with its payment obligations.
Dispute between two investment banks regarding cancellation of £multi-million hard copy guarantees.
Six months on secondment to Standard Chartered Bank's group litigation team with responsibility for the day to day management of the bank's claims in respect of a high value Middle Eastern bank fraud.
Dispute between investment bank and major retailer regarding an alleged breach of covenant in a £multi-million loan agreement.
Dispute between hire purchase finance company and a borrower over the non-payment of sums due under the agreement. The customer had not collected a bespoke piece of machinery, alleged that as a result there was no consideration and accused the finance company of selling the machinery at an undervalue.
Dispute between company providing business services and a Healthtech start up, regarding the failure to identify an Authorised Push Payment Fraud which resulted in £millions being paid out of the start-up’s accounts, the failure by the business provider to engage with the warnings given by the start-up’s bank and allegations of negligence.
Dispute between bank providing leasing solutions, company that signed lease agreements for the hire of machinery and the supplier of the machinery, involving allegations of misrepresentation and fraud.
Capital Markets
Claims and counterclaims by an investment bank and its Taiwanese customer in relation to alleged breaches of US$multi-million ISDA Agreements.
Dispute under a multi-billion dollar synthetic CDO programme involving parallel claims in London and New York concerning the validity of widely used priority provisions within CDO documentation. (Contentious insolvency)
Claims concerning creditor entitlements following the collapse and restructuring of the first structured investment vehicle (SIV) to call in receivers following the credit crunch, focusing on the different interpretations of complex governing documentation. (Contentious insolvency)
Dispute between the administrators of a major bank and a counter party to a contract for difference, in connection with a claim under an ISDA Agreement. (Contentious insolvency)
Claims by creditors at all levels of the ‘waterfall’ as to priorities in relation to the largest of the SIVs which collapsed into receivership in October 2008. (Contentious insolvency)
Contractual dispute between an independent provider of foreign exchange risk management and trading services and a former client regarding the appropriate close out rates for deliverable currency spot trades, the losses incurred and the sums due.
Contentious insolvency
Dispute between the administrators of a retail wholesaler and the company’s former customers in respect of £multi-millions of unpaid invoices said to be due to the estate. The case involved the lending banks, the insurers and the creditors of the insolvent wholesaler. (Retail)
Claims by a Cypriot company in liquidation against Ukrainian former directors regarding alleged misappropriation of US$400 million.
Disputes between the administrators of a UK retail company and the company’s former suppliers in relation to retention of title issues. (Retail)
Claim by a German company against a UK company in administration in respect of retention of title claims.
Dispute between Joint Trustees in Bankruptcy and the holder of shares in a company which were transferred by the bankrupts between the date of the presentation of the bankruptcy petitions and the bankruptcy orders. The JTiBs argued that the transfer of shares was a void disposition pursuant to s.284 IA 1986 and sought compensation for loss and damage.
General commercial
£multi-million breach of contract claim between a FTSE 250 coach company and a former operator, involving allegations of wrongful termination and complex breaches of transport law. (leisure)
Dispute between an English airplane engine repair company and a Russian company regarding £multi-million unpaid invoices and the right to the power of sale of retained engine parts.
Dispute between senior secondees of a multi-national consortium, including a FTSE 100 company, regarding compliance with internal policy and procedures.
Dispute between two companies regarding the payment of the expenses incurred during the performance of the contract, the dispute was ostensibly about contractual interpretation but also involved allegations of wrongdoing.
Dispute between a marketing company and its client regarding the non-payment of invoices and counterclaim citing negligence.
Breach of contract dispute between a multinational company and its UK distribution agent, relating to the termination of the agreement alleging breach of the best-efforts proviso, a claim for damages for repudiatory breach and intimations of a counterclaim.
Director and/or Shareholder
Dispute between the chairman and the CEO of a FTSE 250 hotel company, focusing on the extent of the CEO’s control and the Chairman’s level of influence over the company. (Leisure)
Multi-jurisdictional claims between two individuals regarding the ownership and control of a hedge fund and other assets worth approximately US$500m held through a complex structure of offshore corporations and trust vehicles.
Dispute between directors/shareholders of a company regarding a proposed merger with a competitor.
Claims and counterclaims between a prominent Russian businessman and a major AIM listed company (in which he was a major shareholder) alleging improper use of company funds, involving worldwide freezing orders and serious allegations of fraud. This was a complex and multi-jurisdictional matter involving proceedings in England, the BVI, the Isle of Man, Jersey, Cyprus and Russia.
Dispute between the directors/shareholders of a £multi-million property company regarding the future ownership of the company.
Dispute between the directors/shareholders of a recruitment company regarding the departure of two of the directors/shareholders.
Dispute between Joint Venture partners in a high-end cosmetic surgery business, following the dissolution of the partnership regarding the allocation of profits made by the business.
Dispute between shareholders/directors of a pharma company and two former directors (one of whom was related to a shareholder) citing breach of fiduciary duty and claims for loss and damage.
Dispute between a shareholder of an IT company who had previously been a director and the current directors, one of whom was also a shareholder. The matter involved allegations of breach of fiduciary duty and bullying and assertions of incompetence.
Dispute over the control of a company between the two directors, representing the interests of the two blocks of shareholders, involving allegations of acting without authority.
Private Equity
Claim by a purchaser of a fibre optic company against the former management, involving allegations of multiple breaches of the warranties in the SPA regarding the accuracy of the target companies’ accounts which were said to have resulted in £multi-million losses.
Dispute between a private equity house and the purchaser of a business regarding the scope of complex indemnity provisions in an SPA with respect to a potential £multi-million exposure.
Intellectual Property and IT
Dispute between a German company and a UK company regarding ownership of a carbon fibre related patent.
Claim by a bank against its former IT contractors regarding breach of contract and allegations of fraud.
Dispute between a bank and its Korean IT contractor with respect to allegations of breach of contract and failure to adhere to agreed technical specifications said to have led to US$multi-million losses.
Dispute between group of restaurants and their former IT contractor alleging breach of contract and counterclaims for loss and damage resulting from the withholding of access codes.
Dispute between higher education institution and its telecommunications provider, involving allegations of breach of contract and counterclaims for losses resulting from inadequate provision.
Breach of contract dispute between payforit single click platform and its former customer care and merchant reporting portal, regarding the sums invoiced and the compliance requirements imposed.
Pensions
Dispute between pension trustees and an investor in a pension fund regarding alleged incorrect tax advice given by the pension fund, said to have resulted in significant tax losses.
Claims between the US, Canadian and EMEA bankruptcy entities of a former multinational telecoms group regarding the division of the $4.5bn proceeds of the sale of assets of the group and the obligations to the UK pension scheme.
Real Estate
Dispute between builder and homeowner involving allegations of inadequate workmanship and breach of contract.
Dispute between homeowner and two surveyors, each of whom was insured, regarding allegations of professional negligence.
Dispute between architect and property developer involving allegations of inadequate workmanship and losses resulting from delay.
Dispute between the purchaser of commercial property and the vendor regarding the terms of their contract.
Dispute between Landlord and Tenant regarding non-payment of rent and allegations of a failure to adequately maintain the property.
Dispute between a contractor and a property developer regarding allegations of inadequate workmanship and breach of contract.
Dispute between the purchaser of a property and the vendor involving allegations of misrepresentation and fraud and a claim for loss including the diminution in value of the property.
Dispute between Landlord and Tenant regarding the non-payment of rent and allegations of a failure to adequately maintain the property and a counterclaim for loss and damage.
Dispute between homeowner and surveyors, who were insured, regarding allegations of professional negligence and illegality.
Neighbour
Various disputes between neighbouring families relating to noise disturbance and anti-social behaviour.
Various disputes between neighbours involving allegations of intentional harassment made to the police, abusive remarks and threatening behaviour.
Various disputes between neighbouring families involving allegations of anti-social and aggressive behaviour where reports had been made to social services.
Workplace
Dispute between senior employees and CEO regarding allegations of bullying and undermining behaviour which was having a negative impact on team dynamics and relationships.
Dispute between CFO and senior employees regarding allegations of inappropriately aggressive behaviour and gas lighting which was impacting the organisation’s ability to agree budgets and work collaboratively.
Dispute between senior employee and CEO regarding accusations of inappropriate and undermining workplace behaviour which was causing the employee stress and anxiety and was making their role in the organisation untenable.
Dispute between company and former employee involving allegations of breach of restrictive covenants in employment contract and settlement agreement and assertions of bullying.
Dispute between Barristers’ Chambers and former member regarding payment of sums alleged to be due to Chambers.
Dispute between former consultant and company regarding non-payment of fees and failure to issue shares, including allegations of gross misconduct.
Dispute between former consultant and company involving allegations of breach of contract and non-payment of fees.
Consumer
Various disputes between funeral providers and customers involving allegations of misconduct and professional negligence. (Professional Negligence)
Multiple disputes between funeral providers and customers regarding allegations of gross negligence. (Professional Negligence)
Various disputes between funeral providers and customers regarding allegations of misrepresentation.
Dispute between a business and a customer regarding products which were allegedly not fit for purpose.
Dispute between a business and a customer regarding allegations of gross negligence. (Professional Negligence)
Dispute between a business and customer regarding allegations of breach of statutory guidance and misrepresentation.
War crimes/humanitarian
Dispute between an international oil company and the Swedish Prosecution Authority as to whether present or former directors, officers, or employees aided and abetted an African government in committing war crimes and other violations of humanitarian law.
Claims before the US federal court advanced by Sudanese individuals and entities alleging an international oil company’s complicity in the Sudanese Government’s human rights abuses in the area of the oil company’s oil concession in southern Sudan.