Professional practice

Rebecca’s practice covers a wide range of commercial disputes, with a particular focus on commercial litigation, employment matters, professional negligence claims and arbitrations and related proceedings. Rebecca advises and acts at all stages of the dispute resolution process and she has appeared before arbitral tribunals and in the High Court, County Courts and Employment Tribunal, as a trial advocate and for a range of other hearings. Rebecca is accustomed to working both as sole counsel and as part of a larger team.

Rebecca’s recent cases include:

Other recent instructions include:

  • Acting for two individuals in a professional negligence claim against their architect and contract administrator arising out of extensive renovation works to their home, alleging breach of contractual, tortious and fiduciary duties, accessory liability in respect of the same and unjust enrichment.
  • Acting for the liquidators of various companies in misfeasance and breach of duty claims against two previous directors, in respect of their conduct in the years prior to the companies entering administration and their eventual liquidation.
  • Acting (led by James Collins KC and Edward Brown KC) for three property investors in a claim against their prior agent and adviser, who was alleged to have acted in breach of fiduciary and other duties and misappropriated assets from their portfolio.
  • Acting (led by David Craig KC) for a defendant employer in a claim brought by its General Counsel and Company Secretary alleging breach of the Working Time Regulations 1998, detriments for making protected disclosures, sex discrimination, sexual harassment, victimisation and disability discrimination.
  • Acting as sole counsel in two separate matters arising out of suspected team moves, both involving claims for breach of contract, inducing breach of contract, breach of confidence and conspiracy to injure by unlawful means.

 

Examples of Recent Cases
  • Stifel Nicolaus Europe Limited v Jefferies International Limited & Ors (with Daniel Oudkerk KC and Edward Brown KC): Rebecca acted on behalf of the corporate and individual defendants in an employee competition conspiracy claim in the financial services sector. The case arose out of Jefferies’ recruitment of six individuals from Stifel’s Investment Banking and Equities divisions, which Stifel alleged constituted an unlawful team move. Claims were brought for breach of contractual and fiduciary duties, inducing breach of contract, unlawful means conspiracy and dishonest assistance. Jefferies denied the claims and argued that they arose out of lawful commercial competition between competitors. The case settled shortly before trial.
  • Patisserie Holdings Plc & Ors v Grant Thornton UK LLP (with Mark Templeman KC and Josephine Higgs KC): Rebecca acted on behalf of the liquidators of Patisserie Valerie in a claim against Grant Thornton in respect of alleged negligence in its audits of the UK branded café and casual dining group’s financial statements for the financial years ending 30 September 2014 to 2017. The group collapsed in early 2019 following a suspected accounting fraud, which was alleged to have involved the manipulation and misrepresentation of its financial position and performance in its financial statements. Grant Thornton was alleged to have acted in breach of its contractual, tortious and other duties and/or negligently in its planning and conduct of the audits and in the formation and reporting of its audit opinions in respect of the same. The claimants claimed over £200 million in respect of sums lost and/or expended as a result of the group’s adoption of a continued policy of expansion funded by internally-generated cash flow during the material period. A further sum was claimed in relation to money expended by the group in reasonable mitigation of its losses and an alternative claim was brought in respect of dividends declared and paid in the material period. Grant Thornton denied the claims. The claimants made an unsuccessful disclosure application at the CMC: [2021] EWHC 3022 (Comm). The case settled before reaching trial.
  • Bonnier Books UK Group Holdings Limited & Ors v Haysmacintyre LLP (with Huw Davies KC and David Walsh): Rebecca acted for the UK subsidiaries of an international media group based in Sweden in a claim for circa £65 million against their former auditor alleging negligence in the audits of their financial statements. This case similarly involved contractual and tortious claims in respect of the sums lost in pursuit of a strategy of growth in reliance on the audited financial statements and also in respect of misappropriated assets. The claimants made a successful disclosure application at the CMC in November 2021 and an unsuccessful amendment application in December 2022. The case settled just before reaching trial.
  • Marathon Asset Management LLP v Seddon & Ors (with Martin Griffiths KC): Rebecca acted for the Fifth and Sixth Defendants in a case arising out of the departure from Marathon in 2012 of Mr Hosking, the Global Equities team and their consultant in South Africa. The Fifth and Sixth Defendants were alleged to have conspired with the other Defendants to cause loss to Marathon’s business in preparing to, and then setting up, a rival investment venture. The Sixth Defendant brought a counterclaim for unpaid consultancy fees, in relation to which it applied for but did not succeed in obtaining summary judgment: see [2016] EWHC 2615 (Comm). These claims were all settled shortly before trial.
  • Willis Ltd & Ors v Jardine Lloyd Thompson Group Plc & Ors (with Daniel Oudkerk KC and Edward Brown KC): Rebecca acted for the First and Second Defendants in High Court litigation arising out of a team move in the insurance broking industry, which settled just before reaching trial.
  • Connect Shipping & Anr v The Swedish Club & Ors (the ‘Renos’) [2016] EWHC 1580 (Comm) (with Steven Berry KC): Rebecca acted for the insured in a CTL dispute under a hull and machinery policy following a fire onboard a vessel. Following a four-week trial in the Commercial Court, the learned Judge found in favour of the insured and ordered that the insurers pay their respective proportions of the insured value (less a credit for the value of the wreck), together with the sum due under an increased value policy and sue and labour expenses.
Arbitration & related court applications

Rebecca’s experience in this area includes:

  • U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2014] EWHC 3250 (Comm) (with Graham Dunning KC): Rebecca acted for the defendant in resisting an application by the claimant to continue a worldwide freezing injunction obtained ex parte.
  • Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2374 (Comm) (with Graham Dunning KC): Rebecca acted for the claimant in making an application to challenge an arbitration award under sections 67 and 68 of the Arbitration Act 1996.
  • Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2146 (Comm) (with Graham Dunning KC): Rebecca acted for the claimant in resisting an application by the defendant for security for costs and security for the sums due under an arbitration award, pursuant to sections 70(6) and 70(7) of the Arbitration Act 1996, respectively.
  • Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2210 (Comm) (with Graham Dunning KC): Rebecca acted for the claimant in making an application to amend the Arbitration Claim Form after the expiry of the 28 day period provided for in section 70(3) of the Arbitration Act 1996.
  • Arbitrations under the LCIA Rules (as junior Counsel): Rebecca acted for a partially state-owned mining company in four consolidated arbitrations arising out of certain contractual and other disputes. Rebecca also acted for owners in a dispute relating to the non-delivery of a vessel under a bareboat charter.
  • An arbitration under the UNCITRAL Rules (as part of a large Counsel team): Rebecca acted for an oil exploration company in relation to a stabilisation clause dispute with a State.
  • Arbitrations under the LMAA Rules (as junior Counsel): Rebecca acted for owners in three shipbuilding disputes, two of which were conducted concurrently, and for owners in a dispute under a time charter.
Civil fraud & asset recovery

Rebecca’s recent instructions in this area include:

  • Rebecca was instructed (with James Collins KC and Edward Brown KC) in a substantial dispute between three property investors and their prior agent and adviser, involving claims of breach of fiduciary and other duties and seeking a range of relief with a view to locating and recovering misappropriated assets.
  • Rebecca was instructed on behalf of the liquidators of various companies in respect of claims against two of their previous directors, involving misfeasance claims and claims for breach of their fiduciary and other duties arising out of their conduct in the years prior to the companies entering administration and their eventual liquidation.
  • Rebecca has previously acted in other cases giving rise to similar issues, including a case (in which she was led by Edmund King QC) relating to a fraud on a company by its directors, which settled before reaching trial.
Commercial dispute resolution

The majority of Rebecca’s cases arise in a commercial context. Rebecca is regularly instructed in this area, both in an advisory capacity and in prospective and ongoing litigation, and she has now gained considerable experience across a wide range of commercial cases.

Rebecca’s commercial dispute resolution practice often draws on her experience of professional negligence and employment matters. Her recent instructions include two audit negligence matters in the Commercial Court and a substantial team move matter arising from the recruitment of six individuals in the financial services sector:

  • Patisserie Holdings Plc & Ors v Grant Thornton UK LLP in which Rebecca, led by Mark Templeman KC and Josephine Higgs KC, acted on behalf of the liquidators of Patisserie Valerie in a claim against Grant Thornton, in respect of alleged negligence in its audits of the UK branded café and casual dining group’s financial statements for the financial years ending 30 September 2014 to 2017. The group collapsed in late 2018 / early 2019 following a suspected accounting fraud, which was alleged to have involved the manipulation and misrepresentation of its financial position and performance in its financial statements. Grant Thornton was alleged to have acted in breach of its contractual, tortious and other duties and/or negligently in its planning and conduct of the audits and in the formation and reporting of its audit opinions in respect of the same. The claimants claimed over £200 million in respect of sums lost and/or expended as a result of the group’s adoption of a continued policy of expansion funded by internally-generated cash flow during the material period. Further sums were claimed in respect of money expended by the group in reasonable mitigation of its losses and an alternative claim was brought in respect of dividends declared and paid in the material period. The claimants made an unsuccessful disclosure application at the CMC: [2021] EWHC 3022 (Comm). The case settled before reaching trial.
  • Bonnier Books UK Group Holdings Limited & Ors v Haysmacintyre LLP in which Rebecca, led by Huw Davies KC and David Walsh, is instructed on behalf of the UK subsidiaries of an international media group based in Sweden in a claim for circa £65 million against their former auditor alleging negligence in the audit of their financial statements. This case similarly involves contractual and tortious claims in respect of the sums lost in pursuit of a strategy of growth in reliance on the audited financial statements and also in respect of misappropriated assets. The claimants made a successful disclosure application at the CMC in November 2021 and an unsuccessful amendment application in December 2022. A six-week Commercial Court trial is listed in late 2023.
  • Stifel Nicolaus Europe Limited v Jefferies International Limited & Ors (with Daniel Oudkerk KC and Edward Brown KC): Rebecca acted on behalf of the corporate and individual defendants in an employee competition conspiracy claim in the financial services sector. The case arose out of Jefferies’ recruitment of six individuals from Stifel’s Investment Banking and Equities divisions, which Stifel alleged constituted an unlawful team move. Claims were brought for breach of contractual and fiduciary duties, inducing breach of contract, unlawful means conspiracy and dishonest assistance. Jefferies denied the claims and argued that they arose out of lawful commercial competition between competitors. The case settled shortly before trial.

Other illustrative examples of recent instructions include:

  • Acting as sole Counsel for a successful claimant in a three-day trial relating to a dispute arising out of a property investment business, which gave rise to claims for breach of contract and under the Partnership Act 1890.
  • Acting as sole Counsel in a dispute between a well-known art collector and an art dealer in relation to the terms (if any) upon which the latter was retained.
  • Acting as sole Counsel to apply for a worldwide freezing injunction ex parte and as junior Counsel to resist an application to continue a worldwide freezing injunction obtained ex parte.
  • Acting as junior Counsel in applications to obtain an injunction to restrain (inter alia) a breach of confidence, for specific disclosure and for security for costs.
  • Acting as sole Counsel to apply for summary judgment and/or strike out.
Employment

Rebecca has gained considerable experience across a range of employment matters, including substantial team move cases, as well as claims involving allegations of sex and disability discrimination, sexual harassment, victimisation, breaches of the Working Time Regulations and detriments for making protected disclosures. Rebecca regularly advises on issues arising out of employee competition, including in relation to the diversion of business opportunities, misuse of confidential information and restrictive covenants.

Rebecca has acted in a number of team move cases:

  • Rebecca was recently instructed (with Daniel Oudkerk KC and Edward Brown KC) on behalf of the corporate and individual defendants in Stifel Nicolaus Europe Limited v Jefferies International Limited & Ors, an employee competition conspiracy claim in the financial services sector. The case arose out of Jefferies’ recruitment of six individuals from Stifel’s Investment Banking and Equities divisions, which Stifel alleged constituted an unlawful team move. Claims were brought for breach of contractual and fiduciary duties, inducing breach of contract, unlawful means conspiracy and dishonest assistance. Jefferies denied the claims and argued that they arise out of lawful commercial competition between competitors. The case settled shortly before trial.
  • Rebecca acted (with Martin Griffiths KC) for the Fifth and Sixth Defendants in Marathon Asset Management LLP v Seddon & Ors, a case arising out of the departure from Marathon in 2012 of Mr Hosking, the Global Equities team and their consultant in South Africa. The Fifth and Sixth Defendants were alleged to have conspired with the other Defendants to cause loss to Marathon’s business in preparing to, and then setting up, a rival investment venture. The Sixth Defendant brought a counterclaim for unpaid consultancy fees, in relation to which it applied for but did not succeed in obtaining summary judgment: see [2016] EWHC 2615 (Comm). These claims were all compromised shortly before trial.
  • Rebecca acted (with Daniel Oudkerk KC and Edward Brown KC) for the First and Second Defendants in Willis Ltd & Ors v Jardine Lloyd Thompson Group Plc & Ors, High Court litigation arising out of a team move in the insurance broking industry. The case settled before reaching trial.
  • Rebecca acted (with David Craig KC) in another team move case in the insurance broking industry, which again settled before reaching trial.
  • Rebecca acted as sole counsel in two separate matters arising out of suspected team moves, both involving claims for breach of contract, inducing breach of contract, breach of confidence and conspiracy to injure by unlawful means.

Rebecca also acted (with Daniel Oudkerk KC) in a case arising out of the resignation of a Director of European Equities from an international investment company. The case turned on whether the ex-employee forfeited part of his deferred remuneration when he resigned and whether he, and his ex-employer, were entitled to certain other sums under the terms of his contract of employment.

Professional negligence

Rebecca has now gained considerable experience of professional negligence matters and work in this area typically accounts for a significant proportion of her practice. Rebecca’s recent instructions include two separate professional negligence claims against auditors in the Commercial Court, as well as a professional negligence claim against an architect and contract administrator in the Technology and Construction Court:

  • Patisserie Holdings Plc & Ors v Grant Thornton UK LLP in which Rebecca, led by Mark Templeman KC and Josephine Higgs KC, acted on behalf of the liquidators of Patisserie Valerie in a claim against Grant Thornton, in respect of alleged negligence in its audits of the UK branded café and casual dining group’s financial statements for the financial years ending 30 September 2014 to 2017. The group collapsed in late 2018 / early 2019 following a suspected accounting fraud, which was alleged to have involved the manipulation and misrepresentation of its financial position and performance in its financial statements. Grant Thornton was alleged to have acted in breach of its contractual, tortious and other duties and/or negligently in its planning and conduct of the audits and in the formation and reporting of its audit opinions in respect of the same. The claimants claimed over £200 million in respect of sums lost and/or expended as a result of the group’s adoption of a continued policy of expansion funded by internally-generated cash flow during the material period. Further sums were claimed in respect of money expended by the group in reasonable mitigation of its losses and an alternative claim was brought in respect of dividends declared and paid in the material period. The claimants made an unsuccessful disclosure application at the CMC: [2021] EWHC 3022 (Comm). The case settled before reaching trial.
  • Bonnier Books UK Group Holdings Limited & Ors v Haysmacintyre LLP in which Rebecca, led by Huw Davies KC and David Walsh, was instructed on behalf of the UK subsidiaries of an international media group based in Sweden in a claim for circa £65 million against their former auditor alleging negligence in the audit of their financial statements. This case similarly involved contractual and tortious claims in respect of the sums lost in pursuit of a strategy of growth in reliance on the audited financial statements and also in respect of misappropriated assets. The claimants made a successful disclosure application at the CMC in November 2021 and an unsuccessful amendment application in December 2022. The case settled just before reaching trial.
  • Pereira & Pereira v Simon Whitehead Architects Limited & Ors in which Rebecca was instructed on behalf of a husband and wife in a claim against their architect and contract administrator arising out of extensive renovation works to their home. Although this was a professional negligence action involving typical allegations of breach of contractual and tortious duties, it also involved an allegation that the defendants used funds paid by the claimants for their project to renovate their own properties and claims for breach of fiduciary duty, accessory liability and unjust enrichment.
Career

2017-2019 Two periods of maternity leave

2013 Tenant at Essex Court Chambers

2012-2013 Pupillage, Essex Court Chambers

2012 Called to the Bar, Lincoln’s Inn

Education

2011-2012 BPTC, Kaplan Law School, London (outstanding)

2010-2011 LLM (Commercial Law), Murray Edwards College, University of Cambridge (First Class, ranked first in the year)

2007-2010 Law BA (Hons), Murray Edwards College, University of Cambridge (Double First Class, ranked joint fourth in Finals)

Awards

2012 Sunley Scholarship, Lincoln’s Inn

2012 Buchanan Prize, Lincoln’s Inn

2011 Lord Denning Scholarship, Lincoln’s Inn

2011 Hardwicke Entrance Scholarship, Lincoln’s Inn

2011 BRD Clarke Prize for the Best Overall Performance in the LLM

2011 Rosemary Murray Scholarship, Murray Edwards College

2010 Graduate Scholarship, Murray Edwards College

2010 Rosemary Murray Scholarship, Murray Edwards College

2009 Rosemary Murray Scholarship, Murray Edwards College