Sophia Hurst

Professional practice

Sophia’s practice spans a range of commercial and commercial chancery disputes, both in litigation and arbitration. She has particular expertise in civil fraud and asset recovery, and banking and financial services litigation, for which she is recommended as a Leading Junior in the directories. Sophia’s practice also encompasses contractual claims, director and shareholder disputes, insolvency, and contentious trusts disputes. Sophia acts for a broad range of clients, including for major banks, funds, HNWIs, and companies in the energy, construction, telecoms and emerging technology sectors.

Sophia is frequently instructed as part of a team in large-scale, complex cases. She is also an experienced advocate and is regularly instructed as sole counsel, including at an interlocutory stage (for freezing and other injunctive relief, summary judgment and security for costs) at trial and at an appellate level. Described as “technically excellent” and “always very well prepared”, clients also praise her “superb”, “super clear and succinct” drafting, as well as her “team spirit, accessibility and calm demeanour at all times”.

Sophia’s practice often involves disputes with an international or cross-border element. She has particular experience in the Middle East, where she has a substantial practice before the courts in DIFC and ADGM as well as locally-seated arbitral tribunals. Sophia is one of only 7 junior barristers recognised in Chambers Global for their expertise in the region, where she is “very highly recommended for commercial disputes”. She is also regularly instructed in BVI, Cayman Islands and other financial centres.

What Others Say

Chambers Global 2024 Middle East-wide Dispute Resolution: The English Bar

“Sophia Hurst is an excellent barrister to work with. She is always very well prepared for her cases and very reassuring in her approach. She is very highly recommended for commercial disputes.”

“Sophia Hurst is technically excellent, her drafting is superb and she knows a lot about the UAE market and its laws.”

“We benefited from Sophia Hurst’s careful drafting, team spirit, accessibility and calm demeanour at all times. In challenging or unpredictable cases, these are priceless qualities.”

Legal 500 UK Bar 2023, Fraud: Civil:

“Incredibly calm, a super clear and succinct drafter, a real team player and available at short notice throughout Covid. Incredibly dependable.”

Arbitration & related court applications

Sophia accepts instructions to act in arbitrations and is familiar with the major sets of arbitration rules. She also has experience of obtaining injunctions in the High Court under section 9 of the Arbitration Act 1966 to stay proceedings issued in breach of an arbitration agreement. Her recent instructions include:

Instructed with Ciaran Keller in an LCIA arbitration in relation to a multi-million dollar dispute regarding the ownership and control of a power plant in Uganda.
sole counsel in a substantial challenge to the jurisdiction of the arbitral tribunal in a Singapore-seated LCIA arbitration relating to a property joint venture.
substantial UNCITRAL arbitration in the energy and natural resources sector
advised on enforcement matters arising out of an ICSID arbitration award in an energy infrastructure context.

Banking & financial services

Sophia is ranked as a Leading Junior (Tier 3) for Banking and Finance (Legal 500). She has significant academic experience of banking and financial law, having worked at the Law Commission on consumer credit aspects of the Consumer Rights Act 2015, and its project to reform Bills of Sale into ‘goods mortgages’. She worked as a research assistant for Goode and Gullifer on legal problems of Credit and Security’ and is the author of a number of articles in Butterworths Journal of Banking and Financial law. She has advised and delivered talks on the legal and regulatory aspects of cryptocurrencies, in which she has a particular interest.

Notable cases include:

Acting for the former CEO of the NMC Healthcare Group, the largest private healthcare provider in the Middle East before its entry into administration in 2020, in proceedings brought by Abu Dhabi Commercial Bank, its largest creditor (Abu Dhabi Commercial Bank v Manghat ADGMCFI 2022-111)
First Abu Dhabi Bank PJSC v. Larmag Holdings NV [2019] DIFC CFI 030; [2019] DIFC CA 010: Led by Rupert Reed KC at first instance and on appeal for First Abu Dhabi Bank, this was a significant case in confirming the DIFC’s jurisdiction over onshore banks (against whom Bankers Trust relief was sought) on the basis that they were ecognized by the DIFC regulator, the DFSA, for the sole purpose of trading on NASDAQ
Arif Naqvi and Waqqar Siddique v Dubai Financial Services Authority FMT 21015 and 21018: acted, led by Paul Stanley KC, for the DFSA in relation to Mr Naqvi and Mr Siddique’s
appeals against regulatory penalties imposed following the collapse of the Abraaj group. The Financial Markets Tribunal upheld the DFSA’s decision to fine and prohibit Mr Naqvi, the former CEO of Abraaj, on the basis that he was knowingly concerned in misleading and deceiving investors over the misuse of their funds. The fine, over US $135 million, was the largest ever issued by the DFSA to an individual to reflect what the FMT described as “exceptionally serious” conduct that caused “unprecedented harm to the entire community of the DIFC”.
Instructed by the Middle East branch of a major bank in an arbitration relating to failed settlements under the 2002 ISDA Master Agreement.
National Bank of Egypt v Omran CFI-001-2021: Sophia acted for the defendant to a claim by NBE for allegedly unpaid professional fees for arranging leveraged investments in Egyptian treasury bills. The defendant counterclaimed substantial losses caused by misselling and negligent breach of mandate in delaying execution of instructions and failing to arrange a USD 60 million leveraged facility.
Advised a debt collection services provider on defending a multi-million claim for alleged breaches of a management agreement, by which a Manx bank had outsourced the administration of block discounting agreements and asset finance

Civil fraud & asset recovery

Sophia has experience of all aspects civil fraud and asset recovery claims. She has acted (led and unled) for both claimants and respondents in applications for urgent freezing relief, as well as at trial in claims involving fraud and allegations of dishonesty. She often advises on international enforcement and conflict of laws issues.

Recent cases include:

Acting for the former CEO of the NMC Healthcare Group, the largest private healthcare provider in the Middle East before its entry into administration in 2020, in civil and insolvency claims brought by the Joint Administrators of the UK-listed PLC and UAE operating companies alleging a c.5 billion fraud: NMC Healthcare Ltd and NMC Holdings Ltd (in administration) v Shetty & Ors (ADGM CFI 2022-299), NMC Plc v Shetty & Ors (Chancery Division)
WWRT v Carosan Trading Ltd & Kaufman: Acting with Andrew Ayres KC and Nathan Pillow KC, in the BVI Commercial Court, Court of Appeal and Privy Council for the claimant assignee of loans assigned from Ukraine’s Platinum Bank alleged to have been fraudulently obtained by companies with no genuine commercial activity.
AS World Group Holding Ltd v Sajid Barkat: Sophia acted unled at trial for the claimant events company in claims against its former sole director for breach of contract and fiduciary duty, including claims that the defendant abused a power of attorney, granted to manage the business during the Covid pandemic, to unlawfully enrich himself from company funds.
Arif Naqvi and Waqqar Siddique v DFSA: acted, led by Paul Stanley KC, for the DFSA in Mr Naqvi and Mr Siddique’s appeals against the regulators decision to fine them and prohibited them from performing any regulated function as a result of their wrongdoing in relation to the collapsed Abraaj Group. The Financial Markets Tribunal upheld the DFSA’s decision to fine and prohibit Mr Naqvi, the former CEO of Abraaj, on the basis that he was knowingly concerned in misleading and deceiving investors over the misuse of their funds. The fine, over US $135 million, was the largest ever issued by the DFSA to an individual to reflect what the FMT described as “exceptionally serious” conduct that caused “unprecedented harm to the entire community of the DIFC”.
Acting for certain respondents to freezing and imaging/search orders in a claim against an ex-senior employee for alleged diversion of business opportunities to a new competitor business in the property development sector.
Renova Industries Ltd & ors v Emmerson International Corporation & ors BVIHCOM 2013/160: appeared (while on secondment at Agon Litigation) in the BVI Commercial Court for various respondents to asset disclosure and worldwide freezing orders in the context of a joint venture dispute said to be worth c.$1 billion.
BFS Group v Foley & ors [2017] EWHC 2799 (QB): led by Lance Ashworth KC, Sophia acted for defendant suppliers to the claimant logistics group in claims alleging bribery, dishonest assistance and fraudulent They were successful in defeating the summary judgment application on part of the claim.

Commercial chancery disputes

Sophia has substantial experience in chancery litigation and commercial disputes with a cross- over element, including shareholder and joint venture disputes, director/fiduciary duties, fraud and trusts.

Lal & Hennessey v Benton DIFC CFI-005-2021: Sophia acted as sole counsel at trial of a dispute relating to the sale of The Entertainer, a corporate deals and rewards app, to leading Middle East private equity firm GFH Capital, in a $150 million M&A deal. The claimants, former CEO and CFO of The Entertainer, claimed earnout payments under agreements entered into on termination of their employment. The defendant, former majority shareholder and owner of The Entertainer, counterclaimed alleging that the claimants breached their fiduciary duties by secretly pursuing a management buy-out and disclosing confidential information to would-be purchasers.

Wilton Trustees (IOM) Ltd & anr v AFS Trustee Ltd & Ors BVIHC (COM) 2018/154: Led by Dakis Hagen KC, Sophia acts for a defendant investment company and 50% joint venturer, FIHAG, in proceedings relating to a BVI trust which holds a valuable UK property portfolio via the joint venture company. The claimants deny the existence of the joint venture and make wide-ranging allegations that the defendants conspired to defraud them of their shareholding in the joint venture company, and for sham and/or fraudulent misrepresentation in relation to a £25 million loan advanced by FiHAG.

Acted for certain respondents to freezing and imaging/search orders in a claim against an ex-senior employee for alleged diversion of business opportunities to a new competitor business in the property development sector.

Buchanan v Wischhusen & B-Pak 360 Limited: Acted for a minority shareholder and joint venture partner, in an unfair prejudice petition with associated freezing relief in relation to the wrongful attempts of a company’s director to divert the joint venture business and “ferret away” funds.

Commercial dispute resolution

AQR Capital Management LLC & Ors v London Metal Exchange [2022] EWHC 3313 (Comm): led by Paul Mcgrath KC, Sophia acted for the claimant investment companies seeking Norwich Pharmacal relief against the London Metal Exchange (LME) following its unprecedented decision to suspend trading on the nickel market and cancel trades entered into on 8 March 2022, causing the claimants losses of c.USD95 million.

Instructed with Ciaran Keller in an LCIA arbitration in relation to a multi-million dollar dispute regarding the ownership and control of a power plant in Uganda.

WWRT v Carosan Trading Ltd & Kaufman: Acting with Andrew Ayres KC and Nathan Pillow KC, in the BVI Commercial Court and Court of Appeal for claimant assignee of loans assigned from Ukraine’s Platinum Bank alleged to have been fraudulently obtained by companies with no genuine commercial activity.

Toucan Energy Holdings Ltd & Anr v Wirsol Energy Ltd & Ors [2021] EWHC 895 (Comm): acted (led out of Chambers) for the Claimants in a substantial Commercial Court dispute relating to the financing, construction and sale of 19 solar parks in the UK, including issues around damages for blight and waiver of contractual conditions subsequent.

Weaver & ors v British Airways Plc [2021] EWHC 217 (QB) Sophia acted (with David Blayney KC and Sophie Holcombe) for claimants in a group action against British Airways following the theft of customers’ personal data from BA’s website and mobile app in 2018. Thought to be the largest ever data breach group action in the English courts, the claim settled on confidential terms.

Yukos Finance B.V. & ors v Stephen Lynch & Ors: acted, led by Jonathan Adkin KC, for a defendant to claims arising out of the bankruptcy of the Russian oil company OAO Yukos Oil. The case was named as one of The Lawyer’s Top 20 Cases of 2019.

Instructed as sole counsel in substantial claims for breach of a shareholders’ agreement in relation to a joint venture in the digital entertainment sector.

Company law

Sophia regularly advises and acts in disputes involving a company law aspect, including shareholder claims, disputes relating to directors’ duties and issues of corporate capacity.

Acted, led by Jonathan Adkin KC, for a minority shareholder in relation to an unfair prejudice petition and related employment proceedings including allegations of quasi-partnership.

Buchanan v Wischhusen & B-Pak 360 Limited: Acted for a minority shareholder and joint venture partner, in an unfair prejudice petition with associated freezing relief in relation to the wrongful attempts of a company’s director to divert the joint venture business and “ferret away” funds.

Awan v Patel [2017] EWHC 1951 (Ch): led by Thomas Elias, Sophia acted for the successful defendants in a trial in the Chancery Division in a matter involving allegations that a business opportunity was wrongfully diverted from the partnership and issues as to the shareholdings and appointment of directors in the joint venture company.

Sophia is familiar with applications to restore companies to the register, for rectification of the register and to register company charges out of time. She also has experience advising on the BVI Business Companies Act 2004.

Conflict of laws & private international law

Sophia has a particular interest in private international law and regularly advises on issues of jurisdiction and choice of law. Recent instructions include:

NMC Healthcare Ltd and NMC Holdings Ltd (in administration) v Shetty & Ors (ADGM CFI 2022-299) successfully resisting an application by a co-defendant to stay proceedings on case management grounds where overlapping claims were pursued in the English and ADGM Courts [2023] ADGMCFI 0024.

WWRT v Carosan Trading Ltd & Kaufman: Acting with Andrew Ayres KC and Nathan Pillow KC, in the BVI Commercial Court and Court of Appeal for claimant assignee of loans assigned from Ukraine’s Platinum Bank alleged to have been fraudulently obtained by companies with no genuine commercial activity. The Court of Appeal considered whether, on appeal against a finding of forum non conveniens, the court could take into account fresh evidence relating to the Ukrainian conflict to consider whether it remained an available or appropriate forum.

O & P Trustee v Q et al BVIHCM 2020/0116: Public Trustee v Cooper proceedings to approve a momentous restructuring of two BVI trusts containing assets over USD 500 million. The case raised novel issues as a rare application to enforce non-money judgments – being family court orders in relation to child surrogacy arrangements. The case provided the first reported judgment examining the common law principles of reciprocity and whether they apply to family matters in BVI, as well as making new BVI law in refusing to recognise the surrogacy orders as contrary to the public policy of the BVI.

IPCom GmbH & Co KG v Vodafone Group Plc [2019] EWHC 1255 (Pat): Acted, led by Prof. Jonathan Harris KC (hon), in a jurisdiction challenge made under Article 30 of the Brussels Recast Regulation in a telecommunications intellectual property dispute.

Advised a BVI estate administrator on jurisdiction issues arising in the context of claims made against a very substantial worldwide estate.

Sophia also has experience advising HNW and UHNW clients on conflict of laws issues such as domicile and choice of law for wealth and succession planning.

Insolvency

Sophia regularly advises and appears in court on corporate insolvency and bankruptcy matters, both led and unled. She has experience advising on matters relating to the Covid-19 pandemic

and the Corporate Insolvency and Governance Act 2020. She is particularly interested in the cross-section between insolvency and fraud matters.

Notable instructions include:

Acting for the former CEO of the NMC Healthcare Group, the largest private healthcare provider in the Middle East before its entry into administration in 2020, in civil and insolvency claims brought by the Joint Administrators of the UK-listed PLC and UAE operating companies alleging a USD c.5 billion fraud: NMC Healthcare Ltd and NMC Holdings Ltd (in administration) v Shetty & Ors (ADGM CFI 2022-299), NMC Plc v Shetty & Ors (Chancery Division)

Acting in the BVI Court of Appeal in relation to a statutory demand to appoint liquidators over a BVI investment company that issued notes issued to replace investors’ participation in a distressed Hong Kong fund.

Winding up a foreign-registered company and judgment debtor whose sole asset was a potential claim subject to English jurisdiction.

Sophia recently acted for an individual with a portfolio of secured and unsecured portfolio debt for the development of a commercial site. The Court set aside a substantial statutory demand, applying the (then) Corporate Insolvency and Governance Bill 2020 by analogy to a sole trader.

Re ASA Resource Group Plc: Acted, led by Timothy Collingwood KC, Sophia acted for a creditor of ASA, the former African mining group, in an appeal against the rejection of a substantial proof of debt relating to unpaid salary, expenses and damages, where the company denied the creditor’s status as a senior employee.

Acted as sole counsel in the High Court to obtain an injunction restraining the presentation of a winding-up petition on behalf of the UK subsidiary of a NASDAQ-traded company.

Instructed, with Philip Marshall KC, by the administrators of Lehman Brothers Limited in the Lehman Brothers administration Waterfall III proceedings.

Advised a national debt charity pro bono on issues relating to council tax liability orders in personal bankruptcies.

Offshore litigation

Sophia is regularly instructed in commercial, trusts and asset-tracing matters arising in the offshore jurisdictions, with particular experience in BVI, Cayman Islands, Channel Islands, and DIFC.

DIFC and ADGM

Sophia is a Part II Registered Practitioner before the DIFC Courts and has rights of audience in ADGM. Her notable cases include:

NMC Healthcare Ltd and NMC Holdings Ltd v Shetty & Ors; Abu Dhabi Commercial Bank v Manghat: acting for the the former CEO of the NMC Healthcare Group, the largest private healthcare provider in the Middle East before its entry into administration in 2020, in co-ordinated proceedings brought by the Joint Administrators of the UAE operating companies and ADCB, their largest creditor, alleging a USD c.5 billion fraud.

Lal & Hennessey v Benton DIFC CFI-005-2021: Sophia acted as sole counsel for the defendant at trial of a dispute relating to the sale of The Entertainer, a corporate deals and rewards app, to leading Middle East private equity firm GFH Capital, in a $150 million M&A deal. The claimants, former CEO and CFO of The Entertainer, claimed earnout payments under agreements entered into on termination of their employment. The defendant, former majority shareholder and owner of The Entertainer, counterclaimed alleging that the claimants breached their fiduciary duties by secretly pursuing a management buy-out and disclosing confidential information to would-be

purchasers. Sophia was successful in resisting the claim in full and secured an award for the defendant on her counterclaim.

AS World Group v Barkat DIFC CFI-087-2021: Sophia successfully represented the claimant company as sole counsel at trial against a former employee and sole director who had been put in charge of the company during Covid and breached fiduciary duties to secure substantial payments and benefits in kind to himself out of company funds.

Arif Naqvi and Waqqar Siddique v DFSA: acted, led by Paul Stanley KC, for the DFSA in Mr Naqvi and Mr Siddique’s appeals against the regulators decision to fine them and prohibited them from performing any regulated function as a result of their wrongdoing in relation to the collapsed Abraaj Group. The Financial Markets Tribunal upheld the DFSA’s decision to fine and prohibit Mr Naqvi, the former CEO of Abraaj, on the basis that he was knowingly concerned in misleading and deceiving investors over the misuse of their funds. The fine, over US $135 million, was the largest ever issued by the DFSA to an individual to reflect what the FMT described as “exceptionally serious” conduct that caused “unprecedented harm to the entire community of the DIFC”.

First Abu Dhabi Bank PJSC v. Larmag Holdings NV [2019] DIFC CFI 030; [2019] DIFC CA 010: Led by Rupert Reed KC at first instance and on appeal for First Abu Dhabi Bank, this was a significant case in confirming the DIFC Court’s jurisdiction over onshore banks on the basis that they were recognised members of the DIFC regulator, the DFSA.

Grand Valley General Trading LLC v. (1) GGICO Sunteck Ltd (2) Sunteck Lifestyles Ltd [2019] DIFC CA 007: Sophia acted with Rupert Reed KC for the Sunteck group in a US $60 million dispute joint venture dispute relating to commercial property around the Burj Khalifa. Sophia acted unled in the DIFC Court of Appeal, dealing with a novel question as to the standing of a non-party venture partner to apply to set aside a default judgment obtained against the deadlocked joint venture company for its dissolution.

BVI

Sophia completed a 6-month secondment at Agon Litigation in the British Virgin Islands, and was admitted as a barrister of the Eastern Caribbean Supreme Court (Territory of the Virgin Islands) in October 2018.

Whilst at Agon, she appeared in the BVI Commercial Court and Court of Appeal in Renova Industries Ltd & ors v Emmerson International Corporation & ors, a dispute worth circa US $1 billion between two prominent Russian businessmen and associated parties concerning a joint venture in relation to various power generation and distribution assets in Russia. She also

appeared in the Commercial Court in Donna Union Foundation v Koshigi &Ors, where Agon acted for the Receiver appointed alongside worldwide freezing orders to support a London- seated LCIA arbitration.

Wilton Trustees (IOM) Ltd & anr v AFS Trustee Ltd & Ors BVIHC (COM) 2018/154: Led by Dakis Hagen KC, Sophia acted for a defendant investment company and 50% joint venturer, FIHAG, in proceedings relating to a BVI trust which holds a valuable UK property portfolio via the joint venture company. The claim involved wide-ranging allegations that the defendants conspired to defraud them of their shareholding in the joint venture company, and for sham and/or fraudulent misrepresentation in relation to a £25 million loan advanced by FiHAG.

Trusts Litigation

Sophia has substantial experience of trusts litigation, particularly in a cross-border context, and has advised in relation to trusts in all the major trusts jurisdictions including England and Wales, Jersey, Guernsey, BVI, Cayman, Bermuda, Cyprus and the Isle of Man.

She has experience acting for Trustees in Beddoe and Public Trustee v Cooper proceedings, as well as for those seeking to challenge trust structures on grounds of fraud or sham.

Recent instructions include:

O & P Trustee v Q et al BVIHCM 2020/0116: Public Trustee v Cooper proceedings to approve a momentous restructuring of two BVI trusts containing assets over USD 500 million. The case raised novel issues as a rare application to enforce non-money judgments – being family court orders in relation to child surrogacy arrangements. The case provided the first reported judgment examining the common law principles of reciprocity and whether they apply to family matters in BVI, as well as making new BVI law in refusing to recognise the surrogacy orders as contrary to the public policy of the BVI.

Career

Sophia was called to the Bar in England & Wales in 2014, in BVI in October 2018 and registered as an advocate in the DIFC in September 2019.

She is a Main Committee member of the Chancery Bar Association, and a member of ComBar, R3 (the Association of Business Recovery Professionals) and ConTrA (the Contentious Trusts Association). Sophia also sits on the Bar Council Regulatory Panel.

Education

2014: BPTC, University of Law (Outstanding)

2013: BCL, Brasenose College, University of Oxford (Distinction)

2008-2012: BA (Jurisprudence), Brasenose College, University of Oxford (First class)

2010: Licence droit, Université Paris II Panthéon-Assas (mention)

Publications

Decrypting Conflict of Laws (Journal of International Banking and Financial Law (2023) 3 JIBFL 158)

Book review: Charles Kerrigan, The Financing of Intangible Assets: TMT Finance and Emerging Technologies (2020) 8 JIBFL 572

Big Data, Coronavirus and Cryptocurrencies: The Changing Face of Fraud Legal Week May 2020