Lisa Linklater

PRACTICE AND EXPERIENCE

Lisa is experienced in and regularly instructed in the following areas in particular:

INSOLVENCY LAW, LITIGATION AND RELATED ISSUES: All aspects of personal and corporate insolvencies.  Insolvency litigation (e.g.misfeasance, transaction at an undervalue and preference), technical insolvency issues, claims against directors, applications under and construction of the Insolvency Act 1986 and regulatory proceedings including directors’ disqualification and public interest winding up petitions.  Insolvencies involving issues in the areas of law outlined below.

COMPANY LAW, PARTNERSHIPS AND RELATED LITIGATION: Unfair prejudice petitions (s994 petitions), derivative actions, just and equitable winding up, claims against directors, technical Companies Acts issues, disputes arising from share and asset sales, enforcement of guarantees and other security and Companies court applications.  Creation and dissolution of a partnership.

BANKING AND FINANCIAL SERVICES: Mortgages, debentures, guarantees, banking law and market abuse.

COMMERCIAL LITIGATION AND ASSET TRACING: Contractual claims, conflict of laws, sale of goods, emergency relief applications, retention of title claims, equitable remedies, restrictive covenant claims and claims between and against shareholders.

PROPERTY: Predominantly in an insolvency or security context, including mortgages, LPA receiverships and co-owned property

PROBATE AND TRUSTS: Contested wills, construction of wills, claims under the Inheritance Act 1975 and applications to the court for directions.

VAT:  Particular experience of cases involving dishonesty, fraud (including “missing trader” frauds) and statutory construction.

CLIENT EXPERIENCE

With over 15 years experience as a barrister, Lisa is experienced in advising and representing a wide range of clients in different sectors to achieve their objectives. 

WHAT THE DIRECTORIES SAY:

“Truly talented, and as safe a pair of hands as you could ever hope for”

“Prized by solicitors for her ‘proactive and collaborative’ approach”

“Technically excellent” 

“Incisive opinions”

REPORTED AND NOTABLE CONTESTED CASES INCLUDE:

Official Receiver v F (2012) (HHJ Langan QC) Successfully responded to appeal from bankruptcy restrictions order both in principle and as on length of order.

P v MP (2011) [2011] All ER (D) 65 (David Steel J) Multi-million pound claims under guarantees relating to corporate borrowing and on personal mortgages arising from buy to let properties over which LPA receivers had been appointed.

M v F (2011) Acting for creditor claiming goods in excess of £1m subject to retention of title clause from retail company in administration.

Sos BIS v H & ors (2011) Directors’ disqualification – whether defendant liable to disqualification as a shadow or de facto director.

Lowes v W Machell Joinery Ltd [2011] EWCA Civ 794 and [2011] EWCA Civ 798 (Rix LJ, Lloyd LJ and Lewison J) Sale of Goods Act 1979, costs and points that may be taken on appeal.

C Ltd v S (2011) (HHJ Behrens) Successfully recovering outstanding consideration due to administrators from sale of land.

A v L (2010) Acted for purchaser of business in defending injunction proceedings brought by vendors of business in administration.

W v M & ors (2010) Acted for lender in defence of injunction proceedings brought by borrower in respect of proposed sale of properties by LPA receivers.

R v K (2010) Acted for property developer in professional negligence proceedings against estate agency arising from sale of development.

T v B & ors (2010) Advised and represented private equity investor in claims for recoveries of         £500 000 pursuant to guarantees and related claim against solicitor for breach of warranty of authority.

E v C &ors (2010) Acted for purchaser of business in claims in respect of breaches of warranties and negligent misstatement.

GE Money Home Lending Ltd v H C Wolton & Sons Ltd (t/a Wolton Chartered Surveyors) [2010] All ER (D) 116 (May) (HHJ Behrens) (professional negligence and limitation)

A v H (2009) (David Richards J) Family dispute relating to jointly owned property.

K v U (2009) Represented applicant in application to set aside statutory demand for £3.9 million involving technical Companies Acts issues relating to share capital.

B v S (2008) (HHJ Behrens and HHJ Langan QC) Represented lender in contested insolvency proceedings against guarantors and related proceedings by administrators against directors.

Pettit v Novacovic [2007] BCC 462 (Norris J) (Distinguishing Hollicourt (Contracts) Ltd v Bank of Ireland in bankruptcy context)

Shaw v Revenue and Customs Commissioners [2007] STC 1525 (Lindsay J) (Exclusion of credit for input tax and motor cars)

Re Johnson [2006] BPIR 987 (HHJ Roger Kaye QC) (Interpretation of s261 Insolvency Act 1986 – whether a discharged bankrupt could apply for annulment)

Center Parcs (UK) Group plc v HM Revenue and Customs (2006) (Whether pedal cycle trailers designed for transporting children were “children’s car seats”)

Michael Gerson (Leasing) Ltd v Loach and others [2002] All ER (D) 147 (Jul) (Court of Appeal) (Pill LJ, Robert Walker LJ and Sir Martin Nourse) (Construction of chattel leasing agreement)

Lisa has acted in respect of a number of high profile insolvencies, including Crystal Palace FC, Bradford City FC, Focus (DIY) and Courts furniture retailers.

Further recent work 

In addition to the above litigated appeals, trials and applications, Lisa has advised on and drafted in a number of cases which have settled favourably for her clients either before or after the issue of proceedings.

PROFESSIONAL ASSOCIATIONS

Chancery Bar Association

Northern Chancery Bar Association

Insolvency Lawyers’ Association (full member)

R3 (association of business recovery professionals) (full member)

North Eastern Circuit

QUALIFICATIONS

Jesus College, Cambridge University, MA (Law)

CEDR accredited mediator

APPOINTMENTS

Junior Counsel to the Crown (Regional Panel).

SEMINARS

Regularly accepts invitations to present seminars, particularly in the fields of insolvency law, company law, banking and financial services law and commercial litigation.

Seminars recently presented include: “Interim Injunctions”; “The Companies Act 2006: Overview”; “Retention of Title Clauses”; “Insolvency Litigation”; “Security for Costs applications”; “Discharge of Contracts by Breach”,” and “Corporate insolvency law case update”. 

PUBLICATIONS

Books   Co-author of “Rider, Alexander & Linklater: Market Abuse and Insider Dealing” (1st ed, Sweet & Maxwell) and “Rider, Alexander, Linklater & Bazley: Market Abuse and Insider Dealing” (2nd ed, Tottel Publishing).

Journals            Member of the editorial board of “The Company Lawyer” (Sweet & Maxwell) from 2001 – 2007 and regular contributor of articles on company and insolvency law topics during that time.  Latterly member of the editorial advisory board of “The Company Lawyer”.

Email: linklater@exchangechambers.co.uk