Professional practice

Anna Dilnot has been a commercial litigator for 14 years and has a broad commercial and commercial Chancery practice with particular expertise in civil fraud, commercial multi- jurisdiction disputes and international arbitration.

Anna has considerable commercial litigation experience having qualified as a commercial litigation solicitor with Stephenson Harwood in 2002, before becoming a solicitor advocate and then being called to the Bar in 2008. As well as acting as junior counsel in disputes of very substantial value, she regularly appears as sole advocate, both on interim applications (including for interim relief) and at trial.

The legal directories recommend Anna as a leading junior for both commercial litigation and civil fraud, with her being described as “absolutely first class”,very intelligent” “combining razor sharp insight with impressive attention to detail“, “a dynamic and experienced junior … regarded as going places” and “a real fighter”.

Commentators regularly note that she is a “strong advocate” and “good on her feet with a fearless and combative style”, while also noting that she “impresses …with the strength of her written work”.

Although Anna’s trial work is focused on London, she is called to the Bar of the BVI and has often been instructed in cases proceeding in the Cayman Islands, Bermuda, Guernsey, Jersey and Brunei.

 

What others say

In 2013 Anna was chosen by Chambers and Partners as one of its ten Stars of the Bar.

Anna has also been recommended as a leading junior in the legal directories for both commercial litigation and civil fraud since 2012. Comments include:

  • Absolutely first class. She combines razor-sharp insight with impressive attention to detail.”
  • Her work is stellar. She really is excellent, very knowledgeable, very matter-of-fact.”
  • A first-class junior; very bright, responsive, good to work with and good on her feet.
  • Very good on her feet, and has a fearless and combative style.”
  • A tenacious and determined operator with a user-friendly style.”
  • Very intelligent and quick to get to the issues. She’s a real fighter and can be trusted with serious cases. Good on her feet and gave good advice in meetings.”
  • She is identified as an impressive fraud junior by both peers and solicitors.”
  • A real fighter and someone to be trusted with serious cases.”
  • Very intelligent and quick to get to the issues.”
  • Hardworking, clever and good on her feet.”
  • She’s very thorough and has a really good commercial focus.”
  • Well regarded junior with substantial experience in a diverse array of areas. She is considered a leading junior for fraud proceedings…”
  • Her preparation is extremely thorough and she has that rare ability to thoroughly consider the material, and identify and focus quickly on the key issues.”
  • Her experience and approach belie her year of call.”
  • A dynamic and experienced junior whom sources regard as “going places”. Her practice is international in nature and has a particular focus on civil fraud cases.”
  • She belies her years of call with an impressively mature commercial and chancery practice. Dilnot is particularly noted for her handling of multi-jurisdictional disputes.”
  • She impresses interviewees with the strength of her written submissions and is one to look out for when it comes to fraud work.”
  • Tough and tenacious. Though only called to the Bar in 2008, Dilnot has extensive experience in fraud and asset-tracing work, having practiced as a solicitor in Stephenson Harwood’s litigation department for six years.”
  • Her high-profile work includes acting for Prince Jefri in his ongoing dispute with Brunei.”

 

Examples of recent cases

Kazakhstan Kagazy Plc & Ors v (1) Zhunus (2) Arip: [2017] CP Rep 6; [2016] EWHC 2363 (Comm); [2015] EWHC 3059 (Comm); [2015] 404 (Comm); and [2015] EWHC 996 (Comm): Anna represents defendants in a substantial and hard-fought fraud conspiracy and breach of duty claim brought by KK Plc against its former directors. The case has resulted in a series of recent decisions by the Commercial Court and Court of Appeal and involves issues relating to freezing orders, fiduciary duties and powers, limitation, discretionary trusts, s.423 IA 1986 and electronic disclosure.

In October 2016 she, along with Andrew Twigger QC, obtained from the Court of Appeal the first ever freezing order in favour of one defendant (against whom a freezing order had been granted) against another in respect of contribution proceedings.

Alliance Bank JSC v (1) Zhuns (2) Arip [2015] EWHC 714 (Comm): Anna represented the defendants in a $300 million fraud and conspiracy claim brought by Alliance Bank in respect of a series of outstanding loans. Defendants have obtained the discharge of the freezing and proprietary injunctions granted to Alliance and the English Court has declined jurisdiction for want of a seriously arguable case.

London Steam Ship Owners Mutual Insurance Association Ltd v (1) Spain and (2) France (The Prestige) [2015] EWCA Civ 333: Anna represented Spain and France in resisting s.66 applications to enforce negative declarations granted in Awards made against them in relation to their attempts to seek compensation for losses of over €4 billion caused by the ecological disaster arising out of the sinking of the M/T Prestige in 2002. Sovereign immunity, conflicts of laws, arbitrability, the Judgments Regulation and ss.67/72 of the Arbitration Act 1996.

Accident Exchange –v- Autofocus & Ors: Anna is representing Accident Exchange in what has been described as the largest ever fraud on the civil justice system where thousands of expert reports and witness statements containing false information were deployed in legal proceedings against Accident Exchange and other credit hire providers. The case involves claims in conspiracy and deceit against the providers of the evidence as well as the solicitors who deployed it. The matter will come on for a 12-week trial in 2018.

National Bank Trust v Yurov [2017]: Anna has been instructed as sole counsel to represent the Part 20 Defendant in respect of the substantial and high-profile fraud claims brought by National Bank Trust against its former directors and shareholders following its bailout in Russia by the DIA in late 2014.

Bank of Moscow v Andrew Chernyakov & Ors [2016]: Anna acts for Bank of Moscow in its claims to enforce Russian judgments of over $200 million against the former owner of the largest construction group in Moscow. The case has involved the Bank obtaining a series of freezing, disclosure and passport orders against the main defendant and others, including under the Chabra jurisdiction. The case concerns the defences to enforcement of a foreign judgment at common law, as well as claims to set aside transactions under s.423 of the Insolvency Act 1986.

St Christopher School (Letchworth) Ltd v Schymanski [2014] EWHC 2573 (QB): During a two-week High Court trial Anna, acting as sole advocate, successfully defended the school against allegations of racial discrimination, bullying and breaches of the school’s duty of care. The school and each member of staff were fully exonerated.

Civil fraud & asset tracing

Anna has over the past 14 years obtained substantial experience of domestic and international commercial fraud, bribery and related contempt proceedings. She has particular experience (both led and as sole advocate) of seeking and resisting applications for freezing and proprietary injunctions, including in support of arbitrations, as well as passport, cross-examination and third party disclosure/Norwich Pharmacal orders.

Examples of decisions and instructions include:

Kazakhstan Kagazy Plc v (1) Zhunus (2) Arip: [2017] CP Rep 6; [2016] EWHC 2363 (Comm); [2015] EWHC 3059 (Comm); [2015] 404 (Comm); and [2015] EWHC 996 (Comm): Anna represents defendants in a substantial and hard-fought fraud, conspiracy and breach of duty claim brought by KK Plc against its former directors. The case has resulted in a series of recent decisions by the Commercial Court and Court of Appeal and involves issues relating to freezing orders, fiduciary duties and powers, limitation, discretionary trusts, s.423 IA 1986 and electronic disclosure.

In October 2016 she, along with Andrew Twigger QC, obtained from the Court of Appeal the first ever freezing order in favour of one defendant (against whom a freezing order had been granted) and against another and in respect of contribution proceedings.

Alliance Bank JSC v (1) Zhuns (2) Arip [2015] EWHC 714 (Comm): Anna represented the defendants in a $300 million fraud and conspiracy claim brought by Alliance Bank in respect of a series of outstanding loans. Defendants have obtained the discharge of the freezing and proprietary injunctions granted to Alliance and the English Court has declined jurisdiction for want of a seriously arguable case (with Mark Howard QC).

National Bank Trust v Yurov [2017]: Anna has been instructed as sole counsel to represent the Part 20 Defendant in respect of the substantial and high-profile fraud claims brought by National Bank Trust against its former directors and shareholders following its bailout in Russia by the DIA in late 2014.

Accident Exchange –v- Autofocus & Ors [2017]: Anna is representing Accident Exchange in what has been described as the largest ever fraud on the civil justice system where thousands of expert reports and witness statements containing false information were deployed in legal proceedings against Accident Exchange and other credit hire providers. The case involves claims in conspiracy and deceit against the providers of the evidence as well as the solicitors who deployed it. The matter will come on for a 12-week trial in 2018.

Bank of Moscow v Andrew Chernyakov & Ors [2016]: Anna acts for Bank of Moscow in its claims to enforce Russian judgments of over $200 million against the former owner of the largest construction group in Moscow. The case has involved the Bank obtaining a series of freezing, disclosure and passport orders against the main defendant and others, including under the Chabra jurisdiction. The case concerns the defences to enforcement of a foreign judgment at common law, as well as claims to set aside transactions under s.423 of the Insolvency Act 1986.

Conapro v Ministry of Petroleum of the Gambia [2017]: Anna acts for the Claimant in its claim for loss of profits arising out of an oil supply contract with the Ministry of Petroleum of The Gambia. The Ministry claims the contract is void by reason of bribery of the former Gambian ambassador to Qatar.

Celsa Manufacturing (UK) Ltd v Benson & Ors [2017]: Anna acts, as sole counsel, for the UK’s largest steel manufacturer in respect of its claims in conspiracy against various former employees and, on the basis of vicarious liability, their employers. Celsa alleges that the defendants conspired to misappropriate hundreds of tonnes of steel from its steelworks in Cardiff.

Kazatomprom v Dzhakishev & Ors [2015]: Anna acts for the state atomic agency of Kazakhstan in its claims proceeding in the BVI against its former directors and others in respect of alleged diversion of interests in uranium assets worth some $250 million.

Red October International SA v CJSC “VMZ Red October” & Ors [2015]: Anna acted for several of the NCAD defendants against which freezing orders had been granted in the BVI under the Chabra jurisdiction. The case involved difficult questions of cross-border insolvency and conflicts of laws.

RP Explorer Master Fund –v- Malhotra & Ors [2014] EWHC 4170 (Comm): Anna is representing a Cayman investment fund in its pursuit of various individuals (in England, Dubai, Singapore and India) and a European bank for deceit and conspiracy in respect of the issue of $200 million in global depository receipts by an Indian company and listed on the Luxembourg Stock Exchange.

The State of Brunei Darussalam & the Brunei Investment Agency v HRH Prince Jefri Bolkiah [2008] EWHC 1247 (Ch): committal proceedings for alleged breaches of freezing and disclosure orders and the submission of evidence without an honest belief in its truth.

Generally between 2008 and 2011, acting for HRH Prince Jefri Bolkiah in his long running dispute with Brunei and the Brunei Investment Agency.

The State of Brunei Darussalam & the Brunei Investment Agency v HRH Prince Jefri Bolkiah [2008] EWHC 1248 (Ch): successful application for permission to cross-examine the Sultan of Brunei involving questions of sovereign immunity.

In the Grand Court of the Cayman Islands: (1) the State of Brunei Darussalam (2) the Brunei Investment Agency v (1) Sol Properties, Inc (2) HRH Prince Jefri Bolkiah [2008]: application for rectification of the share register of a Cayman Islands incorporated company; involved the question of whether a non-money judgment could be enforced at common law; resulted in a change in the common law as applied in the Cayman Islands.

The State of Brunei Darussalam v Fidelis Nominees & Ors [2008] JRC 152: application to enforce a non-money judgment in Jersey. The case resulted in a change in the common law as applied in Jersey.

Commercial Dispute Resolution

Anna is an experienced commercial litigator and acts and advises in relation to a wide variety of commercial disputes. She is regularly instructed to appear as sole advocate and with leading counsel. Anna also has substantial experience of seeking and resisting applications for interim relief, including freezing orders, quia timet injunctions, anti-harassment injunctions and applications in respect of contractual restrictive covenants. She also has experience of obtaining and objecting to letters of request.

Recent decisions and examples of work include:

London Steam Ship Owners Mutual Insurance Association v (1) Spain and (2) France (the Prestige) [2015] EWCA Civ 333: Anna represented Spain and France at first instance and on appeal in resisting s.66 applications to enforce negative declarations granted in Awards made against them in relation to their attempts to seek compensation for losses of over €4 billion caused by the ecological disaster arising out of the sinking of the M/T Prestige in 2002. Sovereign immunity, conflicts of laws, arbitrability, the Judgments Regulation and ss.67/72 of the Arbitration Act 1996. (With Joe Smouha QC)

Kazakhstan Kagazy Plc v (1) Zhunus (2) Arip [2017] CP Rep 6; [2016] EWHC 2363 (Comm); [2015] EWHC 3059 (Comm); [2015] 404 (Comm); and [2015] EWHC 996 (Comm): Anna represents defendants in a substantial and hard-fought fraud, conspiracy and breach of duty claim brought by KK Plc against its former directors. The case has resulted in a series of recent decisions by the Commercial Court and Court of Appeal and involves issues relating to freezing orders, fiduciary duties and powers, limitation, discretionary trusts, s.423 IA 1986 and electronic disclosure.

In October 2016 she, along with Andrew Twigger QC, obtained from the Court of Appeal the first ever freezing order in favour of one defendant (against whom a freezing order had been granted) and against another and in respect of contribution proceedings.

Irving Picard (Trustee of BLMIS)-v- (1) Kingate Management Ltd (2) FIM Ltd & Ors [2014]: Anna defended parties in claims brought by the Liquidator of Bernard L Madoff Securities LLC and the Liquidator of two substantial Bermudan hedge funds.

Alliance Bank JSC v (1) Zhuns (2) Arip [2015] EWHC 714 (Comm): Anna represented the defendants in a $300 million fraud and conspiracy claim brought by Alliance Bank in respect of a series of outstanding loans. Defendants have obtained the discharge of the freezing and proprietary injunctions granted to Alliance and the English Court has declined jurisdiction for want of a seriously arguable case.

Conapro v Ministry of Petroleum of the Gambia: Anna acts for the Claimant in its claim for loss of profits arising out of an oil supply contract with the Ministry of Petroleum of The Gambia. The Ministry claims the contract is void by reason of bribery of the former Gambian ambassador to Qatar.

Ikon International (HK) Holdings Plc v Ikon Finance & Ors: Anna acted for the claimant in seeking sums due in respect of the profits of a joint venture pursuant to various letters of credit and guarantees (recently settled).

Burger King Corporation v King Franchises Ltd [2013] EWHC 1761 (Comm): Anna successfully represented Burger King in obtaining declaratory relief and mandatory final injunctions against its former Cypriot franchisee.

RP Explorer Master Fund v Chilukuri [2013] EWCA Civ 1307 and [2014] EWHC 4170 (Comm): Anna acted for RP Explorer Master Fund, a hedge and investment fund, in its contractual claims to enforce security arising out of its purchase of global depository receipts for $77 million from an Indian company listed on the BSE and in respect of a failed refinery project in Haldia, West Bengal.

Anna is also currently acting for RP Explorer its subsequent claims in conspiracy and deceit against various promoters of the refinery project. The matter is also the subject of regulatory proceedings in India and elsewhere.

Northampton Town Football Club v Grossman & Ors [2016]: Anna represented Northampton Town FC in its claims for breach of duty and an account from parties involved in the redevelopment of the facilities at the Sixfields Stadium and adjoining land.

In the Grand Court of the Cayman Islands: (1) the State of Brunei Darussalam (2) the Brunei Investment Agency v (1) Sol Properties, Inc (2) HRH Prince Jefri Bolkiah [2008]: application for rectification of the share register of a Cayman Islands incorporated company; involved the question of whether a non money judgment could be enforced at common law; resulted in a change in the common law as applied in the Cayman Islands.

The State of Brunei Darussalam v Fidelis Nominees & Ors [2008] JRC 152: application to enforce a non-money judgment in Jersey. The case resulted in a change in the common law as applied in Jersey.

 

Commercial chancery disputes

Many of Anna’s cases are of a Commercial Chancery nature involving issues related to fiduciary duties and powers, fraud, company and partnership law, trusts and property.

Alliance Bank JSC v (1) Zhuns (2) Arip [2015] EWHC 714 (Comm): Anna represented the defendants in a $300 million fraud and conspiracy claim brought by Alliance Bank in respect of a series of outstanding loans. Defendants have obtained the discharge of the freezing and proprietary injunctions granted to Alliance and the English Court has declined jurisdiction for want of a seriously arguable case.

Irving Picard (Trustee of BLMIS)-v- (1) Kingate Management Ltd (2) FIM Ltd & Ors [2014]: Anna is defending parties in claims brought by the Liquidator of Bernard L Madoff Securities LLC and the Liquidator of two substantial Bermudan hedge funds. The proceedings in London and New York involve allegations of fraud and knowing receipt against Anna’s clients. (With Robert Miles QC)

Kazakhstan Kagazy Plc v (1) Zhunus (2) Arip [2017] CP Rep 6; [2016] EWHC 2363 (Comm); [2015] EWHC 3059 (Comm); [2015] 404 (Comm); and [2015] EWHC 996 (Comm): Anna represents defendants in a substantial and hard-fought fraud, conspiracy and breach of duty claim brought by KK Plc against its former directors. The case has resulted in a series of recent decisions by the Commercial Court and Court of Appeal and involves issues relating to freezing orders, fiduciary duties and powers, limitation, discretionary trusts, s.423 IA 1986 and electronic disclosure.

In particular, the case concerns the application of freezing orders to discretionary trusts and questions of jurisdiction and enforcement relating to trust assets.

Red October International SA v CJSC “VMZ Red October” & Ors [2015]: Anna acted for several of the NCAD defendants against which freezing orders had been granted in the BVI under the Chabra jurisdiction. The case involved difficult questions of cross-border insolvency and conflicts of laws.

RP Explorer Master Fund -v- (1) R Chilukuri (2) Spice International Ltd [2013] EWCA Civ 1307: Anna represented a Cayman investment fund in a dispute concerning global depository receipts issued on the Luxembourg Stock Exchange. The appeal concerned the correct approach to share valuation and, in particular, the DCF valuation method. The first instance decision dealing with additional issues of breach of contract and construction is at [2013] EWHC 103 (Ch). (With David Lord QC and later Jeffrey Gruder QC)

BNE –v- Greatline Developments [2013]: Anna represented a commercial property agent in its attempt to enforce a profit share agreement against a property developer. The case involved several allegations of forgery against the developer. After a full seven-day trial in December 2013, the matter settled.

Independent Trustee Services Ltd-v- (1) GP Noble Trustees Ltd and Ors (2) Susan Morris [2012] EWCA Civ 195: A decision on when the ‘purchaser aspect’ of the bona fide purchaser defence is to be assessed; rescission; setting aside of a consent order. The Supreme Court gave permission to appeal but the matter settled at an advanced stage.

Rookledge –v- (1) Topological Systems Ltd (2) Tomassi [2012] Ch D (CR Baister): Hard fought s.994 (unfair prejudice) proceedings. Anna successfully defended the petition at trial.

Liquidators of Connor Williams Ltd v Williams & Ors [2013]: Anna defended misfeasance and negligence proceedings brought against a director of a substantial insolvent corporate group.

Company & insolvency law

Anna has experience of most types of company and corporate and personal insolvency applications, including obtaining injunctions to prevent the presentation of winding up petitions.

Irving Picard (Trustee of BLMIS)-v- (1) Kingate Management Ltd (2) FIM Ltd & Ors [2015]: Anna is defending parties in claims brought by the Liquidator of Bernard L Madoff Securities LLC and the Liquidator of two substantial Bermudan hedge funds. The proceedings in London and New York involve allegations of fraud and knowing receipt against Anna’s clients. (With Robert Miles QC)

Red October International SA v CJSC “VMZ Red October” & Ors [2015]: Anna acted for several of the NCAD defendants against which freezing orders had been granted in the BVI under the Chabra jurisdiction. The case involved difficult questions of cross-border insolvency and conflicts of laws.

RP Explorer Master Fund -v- (1) R Chilukuri (2) Spice International Ltd [2013] EWCA Civ 1307: Anna represented a Cayman investment fund in a dispute concerning global depository receipts issued on the Luxembourg Stock Exchange. The appeal concerned the correct approach to share valuation and, in particular, the DCF valuation method. The first instance decision dealing with additional issues of breach of contract and construction is at [2013] EWHC 103 (Ch). (With David Lord QC and later Jeffrey Gruder QC)

BNE –v- Greatline Developments [2013]: Anna represented a commercial property agent in its attempt to enforce a profit share agreement against a property developer. The case involved several allegations of forgery against the developer. After a full seven-day trial in December 2013, the matter settled.

Independent Trustee Services Ltd-v- (1) GP Noble Trustees Ltd and Ors (2) Susan Morris [2012] EWCA Civ 195: A decision on when the ‘purchaser aspect’ of the bona fide purchaser defence is to be assessed; rescission; setting aside of a consent order. The Supreme Court gave permission to appeal but the matter settled at an advanced stage. (With Andrew Twigger QC and James Lewis QC).

Rookledge –v- (1) Topological Systems Ltd (2) Tomassi [2012] Ch D (CR Baister): Hard fought s.994 (unfair prejudice) proceedings. Anna successfully defended the petition at trial.

Liquidators of Connor Williams Ltd v Williams & Ors [2013]: Anna defended misfeasance and negligence proceedings brought against a director of a substantial insolvent corporate group.

CHRS Ltd (In Liquidation) -v- (1) Kirby (2) Kirby [2010]: Anna successfully acted for the Liquidator in proceedings for specific performance of a settlement agreement and declarations as to the validity of the Liquidator’s security over the Defendant’s beneficial interest in real property.

In the Grand Court of the Cayman Islands: (1) the State of Brunei Darussalam (2) the Brunei Investment Agency v (1) Sol Properties, Inc (2) HRH Prince Jefri Bolkiah [2008]: application for rectification of the share register of a Cayman Islands incorporated company; involved the question of whether a non money judgment could be enforced at common law; resulted in a change in the common law as applied in the Cayman Islands.

The State of Brunei Darussalam v Fidelis Nominees & Ors [2008] JRC 152: application to enforce a non-money judgment in Jersey. The case resulted in a change in the common law as applied in Jersey.

Conflict of laws & private international law

London Steam Ship Owners Mutual Insurance Association v (1) Spain and (2) France (the Prestige) [2013] EWHC 3188 (Comm) and [2013] EWHC 2840 (Comm): Anna represents France and Spain in resisting s.66 applications to enforce Awards made against them so as to block their attempts to seek compensation for losses in excess of €4 billion caused by the ecological disaster arising out of the sinking of the M/T Prestige in 2002. The case involves questions of the classification of causes of action/issues from the perspective of English private international law as well as the enforcement regime under the Judgments Regulation. Currently on appeal. (With Joe Smouha QC).

In the Grand Court of the Cayman Islands: (1) the State of Brunei Darussalam (2) the Brunei Investment Agency v (1) Sol Properties, Inc (2) HRH Prince Jefri Bolkiah [2008]: application for rectification of the share register of a Cayman Islands incorporated company; involved the question of whether a non money judgment could be enforced at common law; resulted in a change in the common law as applied in the Cayman Islands.

The State of Brunei Darussalam v Fidelis Nominees & Ors [2008] JRC 152: application to enforce a non-money judgment in Jersey. The case resulted in a change in the common law as applied in Jersey.

While not listed out in this section individually, nearly all of Anna’s cases are international in nature and therefore involve questions of conflicts. Anna is very familiar with jurisdiction challenges, questions of governing law and the operation of the European jurisdiction regime.

Energy & natural resources

Conapro v Ministry of Petroleum of The Gambia [2017]: Anna acts for the Claimant in its US$ 30 million claim for loss of profits arising out of an oil sales contract entered into with The Gambia. The case also involves allegations of bribery of the former ambassador of The Gambia to Qatar.

Kazatomprom v Dzhakishev & Ors [2015]: Anna acts for the state atomic agency of Kazakhstan in its claims proceeding in the BVI against its former directors and others in respect of alleged diversion of interests in uranium assets worth some US$250 million.

AJ Crane Ltd –v- BP (Caspian Sea) Ltd [2013]: Anna acted for a supplier of cranes in a dispute with BP concerning the provision of substantial amounts of equipment for an energy project in Azerbaijan (settled). The case involved FCPA issues.

LCIA arbitration [2012]: Anna acted as sole advocate in a two week arbitration representing a seller of wafers for photovoltaic panels in a dispute relating to a long-term ‘take or pay’ contract. She obtained an Award of circa $13 million for her client.

LCIA arbitration [2012]: Anna acted for an international energy commodity trader in an LCIA international commercial arbitration concerning an oil pipeline in Ghana (settled).

Financial Markets

RP Explorer Master Fund -v- (1) R Chilukuri (2) Spice International Ltd [2013] EWHC 103 (Ch); [2013] EWCA Civ 1307: Anna represented a Cayman investment fund in a dispute concerning global depository receipts issued on the Luxembourg Stock Exchange. The appeal concerned the correct approach to share valuation and, in particular, the DCF valuation method. The first instance decision dealing with additional issues of breach of contract and construction is at [2013] EWHC 103 (Ch). (With David Lord QC and later Jeffrey Gruder QC).

Kazakhstan Kagazy Plc v (1) Zhunus (2) Arip [2017] CP Rep 6; [2016] EWHC 2363 (Comm); [2015] EWHC 3059 (Comm); [2015] 404 (Comm); and [2015] EWHC 996 (Comm): Anna represents defendants in a substantial and hard-fought fraud, conspiracy and breach of duty claim brought by KK Plc against its former directors. The case involves allegations that, among other things, the proceeds of KK’s 2007 IPO on the LSE and the proceeds of a bond issue on the KSE were misappropriated. The case also involves the application of international audit and accounting standards.

Irving Picard (Trustee of BLMIS) -v- (1) Kingate Management Ltd (2) FIM Ltd & Ors [2013]: Anna is defending parties in claims brought by the Liquidator of Bernard L Madoff Securities LLC and the Liquidator of two substantial Bermudan hedge funds. The Bermudan aspect of the case concerns the structural aspect of two hedge funds, restitution, constructive trusts as well as allegations of professional negligence against financial advisors. (With Robert Miles QC)

Interest rate swap litigation (various): Anna is currently acting for various businesses which have brought claims in respect of the alleged mis-selling of interest rate swap hedging products.

Anna has advised banks and others on a number of disputes concerning FOREX trading, breaches of the ISDA Master Agreement and termination as well as the construction of contracts governing futures and interest rate swaps. Further, a substantial part of her fraud work has involved the operation of Cayman and BVI hedge funds.

Insolvency

Anna has experience of most types of company and corporate and personal insolvency applications, including obtaining injunctions to prevent the presentation of winding up petitions.

Red October International SA v CJSC “VMZ Red October” & Ors [2015]:  Anna acted for several of the NCAD defendants against which freezing orders had been granted in the BVI under the Chabra jurisdiction. The case involved difficult questions of cross-border insolvency and conflicts of laws.

Rookledge –v- (1) Topological Systems Ltd (2) Tomassi [2012] Ch D (CR Baister): Hard fought s.994 (unfair prejudice) proceedings. Anna successfully defended the petition at trial.

Liquidators of Connor Williams Ltd v Williams & Ors [2013]: Anna defended misfeasance and negligence proceedings brought against a director of a substantial insolvent corporate group.

Irving Picard (Trustee of BLMIS)-v- (1) Kingate Management Ltd (2) FIM Ltd & Ors [2013]: Anna is defending parties in claims brought by the Liquidator of Bernard L Madoff Securities LLC and the Liquidator of two substantial Bermudan hedge funds. The Bermudan aspect of the case concerns the structural aspect of two hedge funds, restitution, constructive trusts as well as allegations of professional negligence against financial advisors. (With Robert Miles QC)

CHRS Ltd (In Liquidation) -v- (1) Kirby (2) Kirby [2010]: Anna successfully acted for the Liquidator in proceedings for specific performance of a settlement agreement and declarations as to the validity of the Liquidator’s security over the Defendant’s beneficial interest in real property.

International Arbitration

Anna advises and acts in a wide range or arbitral proceedings conducted both domestically and internationally, both alone and as junior counsel. She also has experience of seeking injunctive relief pursuant to s.44 of the 1996 Act, enforcing or resisting the enforcement of arbitral awards and appeals to the High Court pursuant to ss.68 and 69. She also has experience of applications to appoint and remove arbitrators. Recent examples of cases include:

London Steam Ship Owners Mutual Insurance Association v (1) Spain and (2) France (the Prestige) [2013] EWHC 3188 (Comm) and [2015] EWCA Civ 333: Anna represented Spain and France at first instance and on appeal in resisting s.66 applications to enforce negative declarations granted in Awards made against them in relation to their attempts to seek compensation for losses of over €4 billion caused by the ecological disaster arising out of the sinking of the M/T Prestige in 2002. Sovereign immunity, conflicts of laws, arbitrability, the Judgments Regulation and ss.67/72 of the Arbitration Act 1996. (With Joe Smouha QC)

LCIA Arbitration [2016/7]: Defending proceedings brought by a Turkish intermediary for fees arising out of a consultancy agreement in respect of military hardware provided to the Turkish military. The case involved questions of contractual construction and bribery.

Ikon International (HK) Holdings Plc v Ikon Finance & Ors [2016]: Anna acted for the claimant in an ad hoc arbitration seeking damages in respect of the operation of a joint venture relating to online forex trading. Anna further acted for the claimant in Commercial Court proceedings brought in respect of sums due pursuant to various letters of credit and guarantees (recently settled).

SIAC arbitration [2013]: Anna defended a Delaware company and a director and shareholder of that company in a contract and shareholder dispute with a substantial Indian co-operative. The matter concerns a prospective phosphorus rock off-take agreement in relation to one or more Australian mines.

Ad hoc arbitration [2013]: Anna acted for a wealthy individual in a dispute related to the proposed demolition of a valuable London property. Damages were awarded to Anna’s client although permanent injunctions were refused. Anna also obtained interim relief pursuant to s.44.

LCIA arbitration [2012]: Anna acted as sole advocate in a two week arbitration representing a seller of wafers for photovoltaic panels in a dispute relating to a long-term ‘take or pay’ contract. She obtained an Award of circa $13 million for her client.

LCIA arbitration (Dubai) [2012]: Anna acted for a large international law firm in a partnership dispute (settled).

LCIA arbitration [2010]: Anna acted for an international energy commodity trader in an LCIA international commercial arbitration concerning an oil pipeline in Ghana (settled).

LCIA arbitration [2009-2010]: Anna acted for a large international telecoms and technology company in an LCIA international commercial arbitration concerning the implementation of a 3G network (settled after the final hearing and Award).

Emmott v Michael Wilson & Partners Ltd [2009] EWHC 1 (Comm): The first reported (and widely commented upon) decision on the Court’s powers under s. 42 Arbitration Act 1996 with regard to enforcement of a peremptory order made by a Tribunal.

Ad hoc arbitration [2008-2010]: Anna acted in the hearing of a very substantial ad hoc commercial arbitration regarding alleged breaches of fiduciary and contractual duties (including the diversion of business opportunities) arising out of a business venture in the Republic of Kazakhstan.

Offshore litigation

Anna has acted in many cases before the courts of Jersey, Guernsey, the BVI, the Cayman Islands, Bermuda and Brunei. See references above to e.g. the Prince Jefri Bolkiah litigation, Kazatamprom v Dakishev and Red October.

Professional negligence

A number of Anna’s cases have involved allegations of professional negligence (see RP Explorer (negligence proceedings brought by RP against its former solicitors in respect of breaches of duty arising out of advice and representation in contentious proceedings), Irving Picard, Connor Williams and Wilson v Emmott).

Anna is also presently defending a large accountancy practice and a private bank against allegations of negligence. These and many of Anna’s other professional negligence cases against solicitors, directors, accountants, pension fund trustees and auditors, remain confidential.

Unjust enrichment & restitution claims

Many of Anna’s cases involve restitutionary claims, both within and outside of the civil fraud context. But for reported decisions see in particular:

Irving Picard (Trustee of BLMIS)-v- (1) Kingate Management Ltd (2) FIM Ltd & Ors [2013]: A cutting edge case arising out of the Bernard Madoff fraud which is proceeding in Bermuda and which will develop the law on unjust enrichment.

Independent Trustee Services Ltd-v- (1) GP Noble Trustees Ltd and Ors (2) Susan Morris [2012] EWCA Civ 195: A case on rescission and restitution arising out of the innocent receipt of trust monies. The case involved difficult questions about the consequential effects of rescission and restitutio in integreum.

Career

2008: Call

2002-2008: Solicitor, Commercial Litigation (Stephenson Harwood and Simmons & Simmons)

Education

1999: Legal Practice Course
1998: Law and French Law at University College London
1997: Université d’Assas