Lisa Linklater

Call 1995

linklater@exchangechambers.co.uk

“Lisa is a great advocate and is very persuasive.”

The Legal 500 2021 (Tier 1 - Company & Insolvency)
Photo of Lisa Linklater

Company, LLP & Partnership

Lisa specialises in:

  • Shareholder disputes (unfair prejudice petitions, just and equitable winding up petitions, derivative claims and breaches of shareholder agreements);
  • Partnership and LLP disputes;
  • Joint venture disputes; and
  • Claims against directors for breaches of duties.

She has vast experience in the panoply of claims in this area for both Claimants/Petitioners and Respondents/Defendants from pre-action through to trial or mediation. Lisa is not only technically and commercially adept with the legal framework in these areas, corporate documentation and share/business valuation issues, but also empathetic with clients. Lisa’s case-work in this field is high value, as well as legally and factually complex. Lisa is instructed in respect of businesses in a wide range of sectors.

Lisa has been consistently recommended and praised by Chambers & Partners UK and Legal 500 as a leading junior in the fields of company, insolvency, commercial and Chancery for many years.

Lisa’s current work includes:

  • An unfair prejudice petition relating to a well-known national restaurant chain.
  • A dispute involving a property portfolio valued at c. £4m and alleged partnership.

Recent examples of Lisa’s work in this field include:

  • Unwin v Bond [2020] EWHC 1769 (Comm), a precedent case on good faith clauses in shareholder agreements and one of the first trials to take place remotely in the wake of the Covid-19 pandemic.
  • MFW Developments Ltd [2019] EWHC 3725 (Ch): Successfully obtained rare “Wallersteiner” indemnity order, permission to continue derivative claim, injunctions and subsequent appointment of receiver over £1m. Claim against director is for misappropriation of £2.5m from the company.
  • Securing settlement of just under £1 million for a shareholder in unfair prejudice petition proceedings involving a company specialising in niche pipeline product supplies, just before a High Court trial.
  • Successfully realising an investment in valuable crowd-funded property development company in Cheshire for shareholders by just and equitable petition.
  • A successful misfeasance claim against a de facto director by a liquidator.
  • Representing a partner in a family farming partnership in a dispute involving an enviable Yorkshire Wolds arable farm valued in excess of £6 million in which a proprietary estoppel claim was made.
  • Akyol v Icel [2017] EWHC 3280 (Ch): 2-week HC trial of unfair prejudice petition before HHJ Klein sitting as a High Court Judge. Very complex factually, involving 3 companies & 27 claims spanning 30 years, cross-examination of factual and expert witnesses and very high emotions. Lisa secured the dismissal of 90% of the claims and the reduction of the claim of over £1 million by 50%.

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 expert forensic accountants.

Lisa positively leads teams through the demands of complex litigation, often involving high emotions for the parties, 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 case-work.

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

Lisa is widely published in company and insolvency law and regularly gives seminars on recent developments in these fields.

Lisa is also a member of the advisory board of the Centre for Business Law and Practice at the University of Leeds.

Company, LLP & Partnership Cases

In addition to the above recent highlights, the following are further illustrations of Lisa’s depth of experience in her specialist fields of practice:

SHAREHOLDER DISPUTES

Lisa has a very strong practice in shareholder disputes, built from extensive experience and repeat instructions in this area.

  • Lisa is currently instructed in numerous factually and legally complex shareholder disputes in a variety of sectors for Petitioners and Respondents in the HC (2020 – 2021).
  • MFW Developments Ltd [2019] EWHC 3725 (Ch): Successfully obtained rare “Wallersteiner” indemnity order, permission to continue derivative claim, injunctions and subsequent appointment of receiver over £1m. Claim against director is for misappropriation of £2.5m from the company.
  • Hague v Greenwood & ors [2019] EWHC 699 (Ch): Acted for director/shareholder, alleged to have diverted contract for supply of materials for construction of flood defences in North Yorkshire, in defending derivative action and related claims to land owned by the director/shareholder in 2 week trial. Secured settlement of just under £1 million for a shareholder in unfair prejudice petition proceedings involving a company specialising in niche pipeline product supplies, just before a 5-day trial (2018) (High Court, Manchester).
  • Successfully advised and acted for shareholders in valuable crowd-funded property development company in Cheshire in realising their investment by just and equitable petition (2018).
  • Akyol v Icel [2017] EWHC 3280 (Ch): 2-week HC trial of unfair prejudice petition before HHJ Klein sitting as a High Court Judge. Very complex factually, involving 3 companies & 27 claims spanning 30 years, cross-examination of factual and expert witnesses and very high emotions. Lisa secured the dismissal of 90% of the claims and the reduction of the claim of over £1 million by 50%.
  • Advised and represented an equal corporate shareholder of a special purpose company whose business was to install and operate a wind turbine on a remote island in Scotland in just and equitable petition and alleged breach of shareholders’ agreement (HHJ Kaye QC sitting as a High Court Judge) (2016) (High Court, Leeds).
  • Lisa successfully acted for the Claimant in obtaining just under £1 million in a contractual dispute between equal shareholders in companies with the benefit of options to develop land for housing in North Yorkshire. The case settled on the first day of a 7-day trial in the Chancery Division before HHJ Behrens sitting as a High Court Judge (2015) (High Court, Leeds).
  • Successfully acted (with Mark Cawson QC of Exchange Chambers) for a minority shareholder in a major print business in Yorkshire, obtaining a share sale order by an unfair prejudice petition (2013) (High Court, Leeds).

PARTNERSHIP AND LLP DISPUTES

Lisa has depth of experience in partnership and LLP disputes.

  • Currently acting in dispute relating to alleged property partnership involving £4 million of assets (2020 – 2021).
  • Acting for defendant for claims of approximately £1 million in respect of solicitors’ partnership in legally and factually complex claim. Case is still ongoing and involves complex limitation issues and an entangled factual history (2020).
  • Representing a partner in a family farming partnership in a dispute involving an enviable Yorkshire Wolds arable farm valued in excess of £6 million in which a proprietary estoppel claim was made (2018).
  • Representing a partner in a family farming partnership in a dispute with assets valued at in excess of £2 million (2018).
  • Advising a liquidator of a LLP in respect of recoveries against members (2017) (London).
  • Defending claim brought against retired partner of a partnership between solicitors based on construction of retirement deed (2016).
  • Acting for finance director of solicitors’ limited liability partnership in dispute as to whether or not he is a “good” or “bad” leaver and can reclaim capital introduced (2016).
  • Acted for doctor in a partnership in respect of liabilities for shared expenses of the medical practice (2015).

 INSOLVENCY

Lisa has been recommended as a leading barrister in insolvency in legal directories for many years. Further detail is included in Lisa’s insolvency website entry.

  • Acting for the defendants to a £5 million misfeasance and transaction defrauding creditors claim, brought by the liquidators of an offshore partnership.
  • Laurence Bassini v Inner Circle Investments Limited & ors [2019] EWHC 3024 (Comm)(Snowden J): Successfully acted for the administrator of the holding company of Bolton Wanderers football club in obtaining indemnity costs following an unsuccessful application for an injunction.
  • Assisting liquidator in claims of over £1 million against directors for breaches of their duties and wrongful trading where complex limitation issues arise (2018 – 2019).
  • Acting for defendant directors and parent company in obtaining an early and favourable settlement of threatened claim by liquidators for breaches of directors’ duties, unlawful dividends and transfer of assets at an undervalue, valued at over £1 million (2018).
  • Obtaining an income payments order of in excess of £500,000 for trustees in bankruptcy in a bankruptcy involving complex financial dealings (2018).
  • Re Graico Property Co Ltd(in administration) [2017] BCC 15 (Norris J)
  • 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. The case settled at the court door (2017) (High Court, Manchester).
  • Successfully representing a former multi-millionaire, made bankrupt following his participation in an aggressive tax scheme, in opposing an application by his trustee in bankruptcy to suspend his discharge from bankruptcy on grounds of alleged failure to cooperate (2015).
  • Pettit v Novacovic[2007] BCC 462 (Norris J) Succeeded in obtaining payment from agent who had received monies, post-bankruptcy, distinguishing Hollicourt (Contracts) Ltd v Bank of Ireland in bankruptcy context. Acted on behalf of office holder.
  • Re Johnson[2006] BPIR 987 (HHJ Roger Kaye QC) Represented Official Receiver in precedent case on application by discharged bankrupt for an annulment.

DIRECTORS’ DUTIES AND OTHER FIDUCIARIES

Lisa has a very strong practice in directors’ duties, both in shareholder disputes and claims against directors in liquidations and administrations, examples of which are set out above.