Lisa Linklater QC

Call 1995
Silk 2022

linklaterqc@exchangechambers.co.uk

“Lisa is meticulous, very, very sharp, and has a wealth of knowledge. Always well prepared and an excellent advocate."

Legal 500 2022 (Tier 1 - Company and Insolvency)
Photo of Lisa Linklater QC

Commercial Fraud

Lisa Linklater QC specialises in:

  • Shareholder and partnership disputes involving allegations of commercial fraud;
  • Claims against directors and accomplices (including breaches of directors’ duties, misfeasance, knowing assistance, knowing receipt, conspiracy, wrongful and fraudulent trading, loan accounts, unlawful dividends and conspiracy to injure);
  • Claims by office holders in corporate insolvency (e.g. transactions at an undervalue, transactions defrauding creditors and preferences) and
  • Asset recovery (e.g. trusts, real property, tracing and retention of title).

Lisa has been consistently recommended by Chambers & Partners UK and Legal 500 as a leading junior in the fields of company, insolvency, commercial dispute resolution and Chancery for many years, being top ranked by Chambers & Partners UK in commercial dispute resolution and by Legal 500 in company and insolvency at the time of her taking silk.

Recent highlights of Lisa’s practice in commercial fraud include:

  • Securing a favourable settlement for the defendants to a £5 million misfeasance and transaction defrauding creditors claim, brought by the liquidators of an offshore partnership that had moved onshore.
  • Currently acting in unfair prejudice petitions and just and equitable winding up petition involving allegations of tax evasion.
  • Successfully resisting an application to remove a trustee, alleged to have misappropriated trust funds, in the context of a factually and legally complex property dispute within a family spanning 40 years in respect of a property portfolio valued at c. £4m and alleged partnership, in which she has been leading other Counsel.
  • Acting in a shareholder dispute involving a company in the energy sector and the alleged misappropriation of over £2 million by a director.
  • Successfully obtaining the withdrawal of an appeal against an assessment of over £1m in a complex MTIC tax fraud involving precedent legal issues and in which the fraud had taken place in Poland and Hungary.
  • Successfully obtaining settlement for Defendants to serious claims of knowing assistance, knowing receipt and related tracing claims, brought by a company registered in Gibraltar, acting by its liquidators, where the claims and costs were in excess of £1 million.
  • Successfully defending injunctive relief proceedings brought by a major manufacturer of bed products that had purchased a portfolio of properties from administrators in a “fire sale” and obtaining favourable settlement of claim before trial. The claim centred on allegations of civil fraud and was related to the first modern slavery prosecution in England.
  • Successfully representing the Secretary of State for Business, Energy and Industrial Strategy in winding up numerous companies in the public interest.

Lisa is acclaimed for her excellent and versatile written and oral advocacy at trial, in mediation and in applications. She is an extremely effective trial advocate, skilled in cross-examination of both factual and expert witnesses, including forensic accountancy experts.

Lisa positively leads teams through the demands of complex litigation and makes sound strategic decisions on challenging issues under pressure. She brings a creative and practical perspective to legal issues in a commercial context and is adept at applying the law both within and outside her specialist areas of practice. She brings considerable commercial acumen to her casework.

Lisa served as Junior Counsel to the Crown (Attorney General’s Regional Panel) for three consecutive terms and was regularly instructed by BEIS in company director disqualification applications and public interest winding up petitions and by HMRC in complex MTIC fraud and many precedent cases.

Lisa is widely published in her fields of specialism including in Sweet & Maxwell’s Insolvency Intelligence, R3’s Recovery and the Company Lawyer and regularly gives seminars on recent developments in these areas. She is a member of the editorial advisory board of the Company Lawyer. Recent seminars include shareholder disputes and directors’ duties. She is a panellist at the 39th International Symposium on Economic Crime at the University of Cambridge. Lisa is also a member of the advisory board of the Centre for Business Law and Practice at the University of Leeds.