Alice Whyte

Areas of expertise

• Commercial litigation

  Commercial litigation

  Alice is regularly instructed in both High Court (led and unled) and County Court proceedings.

  Alice acted as junior counsel for the main Defendants in Skatteforvaltningen (Danish Customs and Tax Authority) v Solo Capital Partners LLP & Ors, led by Nigel Jones KC, Sarah McCann, Lisa Freeman (Furnival Chambers), and Emily Betts. This landmark Commercial Court case involved claims totalling £1.4 billion, including deceit, conspiracy, unjust enrichment, breach of constructive trust, dishonest assistance, and knowing receipt arising from complex share trading. In October 2025, the Defendants succeeded in defending all claims brought by Skatteforvaltningen. Read more here.

  The case was listed as one of The Lawyer’s Top 20 cases for 2024. The main trial took place over the course of a year between April 2024 and April 2025. It is thought to be the longest trial in the Commercial Court. It is the most complex case which has been case managed in the Commercial Court. Mr Justice Baker previously remarked that this case was “litigation on a massive scale”.

  Alice’s other recent instructions include:

  • Advising on affirmation of breaches and termination of a franchising agreement.
  • Advising on merits of invoking frustration or force majeure of a high-value long-term services agreement on the basis of climate change.
  • Advising on termination options under a high-value shipping-related contract.
  • Assisting in advising on quantum in a claim for breach of warranty of a SPA.
  • Assisted in preparation for CCMC in relation to an unfair prejudice petition.
  • Drafting various pleadings seeking contractual and equitable remedies.
  • Appearing in the County Court and High Court in applications for Third Party Debt Orders, charging orders and other enforcement measures.
• Civil fraud

  Civil fraud

  Alice recently acted as junior counsel for the main Defendants in Skatteforvaltningen (Danish Customs and Tax Authority) v Solo Capital Partners LLP & Ors, led by Nigel Jones KC, Sarah McCann, Lisa Freeman (of Furnival Chambers) and Emily Betts. The case involved claims for £1.4bn in deceit, conspiracy, unjust enrichment, breach of constructive trust, dishonest assistance, and knowing receipt arising out of complex share trading.

  The case was listed as one of The Lawyer’s Top 20 cases for 2024. The main took place over the course of a year between April 2024 and April 2025. It is thought to be the longest trial in the Commercial Court. It is the most complex case which has been case managed in the Commercial Court. Mr Justice Baker previously remarked that this case was “litigation on a massive scale”.

  Alice is experienced in appearing in the High Court in ancillary applications in civil fraud claims. This includes applications for freezing injunctions (and breaches of freezing orders) and disclosure applications.

  Recent instructions as sole counsel include:

  • Appearing unled in a successful strikeout and summary judgment application in £2m High Court civil fraud trial.
  • Obtaining an unless order for breach of disclosure requirements in a freezing order.
  • Assisting in drafting pleadings and preparing an application for a freezing order in a claim involving unlawful means conspiracy, breach of directors’ duties and a fraudulent employment contract.
  • Appearing in enforcement proceedings over proprietary assets.
• Banking & finance

  Banking & finance

  Alice has a developing banking litigation practice. She has specialist insight into technical financial matters, having had a previous career as a Chartered Account for Ernst & Young. Prior to pupillage, she worked for a year as a paralegal in Herbert Smith Freehills’ banking litigation team, giving her exposure to issues involving breaches of Quincecare duties, exercise of contractual discretions and FSMA claims.

  Alice’s recent instructions include:

  • Assisted in advising on FSMA claims relating to the s.19 FSMA general prohibition and s.26 FSMA right to recover property.
  • Appeared unled in the High Court in a successful claim in fraudulent misrepresentation against investment managers.
  • Appeared in a successful strike out application in relation to a claim against a bank for breach of alleged duties owed to known beneficiaries of funds held on trust.
  • Drafted a defence and counterclaim relating to a claim against a personal guarantor and a counterclaim relating to breach of duties by Receivers.
  • Appearing in costs and case management hearings relating to claims against banks.
  • Appearing in interim and final hearings of PPI disputes.
• Arbitration

  Arbitration

  Alice has experience assisting in a range of arbitration matters, including anti-suit injunction applications, challenges to arbitration awards, enforcement of arbitration awards under section 66 Arbitration Act 1996 and stay applications under section 9 Arbitration Act 1996.

  She has had exposure to arbitration proceedings under GAFTA, LMAA, LCIA and ICC, including during her time in pupillage at a leading commercial set.

  Alice’s recent instructions include:

  • Assisting Frederico Singarajah in a multi-million dollar ICC arbitration involving issues of conflict of laws, jurisdiction of the Tribunal and substantive contractual disputes.
  • Assisting David Lewis KC in advising on bringing LMAA proceedings on the basis of frustration and force majeure of a cargo contract, and advised on quantum.
• Insolvency & restructuring

  Insolvency & restructuring

  Alice accepts instructions in a range of insolvency and bankruptcy matters. She also volunteers for the COIN Scheme assisting litigants-in-person in the companies winding up court.

  Alice’s recent experience includes:

  • Advising on procedural issues arising relating to the status in English litigation of companies struck off in the BVI.
  • Regularly being instructed on winding up and bankruptcy petitions.
  • Preparing applications for and drafting witness statements in support of various insolvency applications, including setting aside statutory demands and validation orders.
• Insurance & reinsurance

  Insurance & reinsurance

  As part of her commercial litigation practice, Alice has a developing practice in insurance coverage disputes.

  Alice is a contributor to Construction All Risks Insurance 4^th edition (Sweet & Maxwell).

• Professional liability

  Professional liability

  Alice has experience in relation to claims for and against professionals in accountancy, tax and law.

  Recent instructions include assisting Sara Ibrahim in advising on a professional liability claim against accountancy and tax specialists.

• Costs and litigation funding

  Costs and litigation funding

  Alice has a developing costs and litigation funding practice and welcomes relevant instructions. She has experience of the Fixed Costs Regime, summary assessments and costs budgeting.