Lesley became a CEDR accredited mediator in 2000 and regularly acts as a mediator in commercial disputes often as a repeat instruction from the professional clients. She has now undertaken over 45 mediations as mediator and tends to do 3 or 4 per year. During the Covid-19 pandemic she undertook remote mediations. She is particularly respected in partnership matters and believes mediation can be undertaken to resolve issues before they develop into a full blow dispute. Her style is at the evaluative end of the spectrum.
Recent mediations undertaken have related to a professional negligence claim concerning a will; a shareholder dispute concerning a film distribution rights company and a dispute between co-venturers in relation to a piece of development land; a dispute over drainage issues on development land; a dispute over breach of director’s duties in a peer-to-peer lending business; a dispute over the overage due arising from a transfer of agricultural land; a dispute over the exercise of a break clause in a lease of commercial premises and claims for unpaid work done.
Other work
Acting as mediator on partnership dispute.
Acting as mediator in dispute on insurance policy.
Acting as mediator in relation to tax advice scheme.
Acting as mediator in connection with claim for breach of fiduciary duty and diversion of monies and work.
Acted as mediator in connection with a shareholder dispute concerning a film distribution company.
Acted as mediator in dispute over development land.
Acted as mediator in claim for professional negligence against solicitors in respect monies held by them.
Acted as mediator in relation to shareholder dispute and claim for misappropriation of funds.
Acted as mediator in relation to claims arising in respect of an agreement for the sale and purchase of shares in a waste management company.
Acted as mediator in dispute over fees and rectification of a commercial agreement.
Acted as mediator in relation to professional negligence claim arising from share sale agreement.
Acted as mediator in relation to dispute over dilapidations and value of diminution in reversion on office premises.
Lesley is ranked as a leading silk in the Legal 500 for Commercial, Banking, Insolvency & Chancery and as a Band 1 silk in Chambers & Partners for Commercial Dispute Resolution (Northern).
Lesley undertakes work for and against a number of banks especially in relation to secured lending, guarantees, asset finance and recoveries. A significant portion of her recent work has concerned the miss-selling of interest rate hedging products (within and outside of the FCA Review), manipulation of LIBOR and payment protection insurance.
Recent work
Acting for Guardian SIPP in connection with multiple claims brought for breach of contract and/or duty and/or statutory duty under FSMA against it as SIPP operator in connection with the Harlequin overseas property investment and in related dealings with the FCA, FSCS, and Financial Services Ombusdman.
A number of claims against banks in relation to the miss-selling of IRHPs and related claims against valuers.
A number of claims against banks in relation to the alleged manipulation of LIBOR.
Acting for the Icelandic liquidator of Fons in relation to the realisation of security over shares in Corporal Limited (ultimate owner of the Hamleys toy stores) given to Kaupthing Bank.
Acting for Lloyds TSB Bank and receivers in relation to claims for breach of duty and alleged sales at undervalue of portfolio of commercial properties including student accommodation.
Related cases
Supreme Court
Re North East Property Buyers Litigation: Rosemary Scott v Southern Pacific Mortgages Ltd [2015] AC 385 – appeared on behalf of Mortgage Business Plc (a division of Lloyds Bank plc) together with Daniel Gatty in a case concerning whether a purchase of land was capable of creating a proprietary interest, capable of being an overriding interest, before completion of the contract for sale. She also appeared in the earlier case of Nationwide Anglia Building Society v Ahmed and Balakrishnan (1995) 70 P & CR 381 on scintilla temporis and the indivisibility of contact, transfer and mortgage in secured lending which was considered by the Supreme Court in Scott.
Court of Appeal
Saw (SW) 2010 Ltd and Neil Wilson Accountancy v Wilson, O’Keefe and Gray (as joint administrators of Property Edge Lettings Ltd) and Nationwide Building Society [2017] EWCA Civ 1001 – acted for Nationwide on whether the crystallisation of an earlier charge over property prevented a debenture taking effect as an enforceable, qualifying floating charge.
Nationwide Anglia Building Society v Ahmed and Balakrishnan (1995) 70 P & CR 381 – important decision (considered by Supreme Court in Scott) on scintilla temporis and the indivisibility of contract, transfer and mortgage in secured.
Lloyds Bank Plc and others v Michael William Cassidy [2004] EWCA Civ 1767 – acted for successful receivers in connection with claim for professional negligence against lending bank and receivers appointed under a mortgage of agricultural land.
Medforth v Blake [2000] Ch 86 – receiver of mortgaged property was held to owe the mortgagor a duty beyond that of good.
Other
Peter Nolan v Graham Michael Wright [2009] 3 All ER 823 – claim to re-open a consumer credit agreement under s139 of the Consumer Credit Act 1974 as an extortionate credit bargain was an action upon a specialty to which a limitation period of 12 years.
Hall v Royal Bank of Scotland Plc [2009] EWHC 3163 (QB) – duty of care owed by bank.
A significant number of Lesley’s cases involve civil or commercial fraud issues and she advises regularly on urgent interim remedies to protect and trace assets including search and seize and freezing injunctions, doorstep orders and delivery up. She is accustomed to working with other professionals including forensic accountants, forensic IT and document imaging specialists.
Recent work
Acting for defendant in a claim for conspiracy and misrepresentation in connection with restructure and equity investment.
Acted for a former shareholder in connection with allegation that he was deceived by the defendants to sell his shares at below market value thereby enabling them to be sold on to private equity investors for their true value. Case settled after 8 weeks of trial.
Acting for private equity investors in connection with £30m unfair prejudice petition raising allegations of conspiracy and fraud. Case settled after 8 weeks trial.
Related cases
MRH Solicitors Ltd v Apex Hire UK Ltd and Pennington Legal Ltd v Manchester County Court [2015] EWHC 1795 (Admin) – successful judicial review of findings of fraud made by a recorder against a firm of solicitors and two car hire firms in a personal injury claim where allegations of fraud had not been pleaded against them and the parties had had no opportunity to rebut the allegations.
Lesley has significant experience of the use of arbitration in commercial matters including acting as arbitrator and as Counsel. She is also instructed to act as an expert, including under dispute resolution mechanisms. Recent work includes advising and drafting submissions on a valuation provision in a share purchase agreement which was the subject of agreed expert determination.
Recent work
Acting as arbitrator in connection with proper construction of an insurance policy.
Acting in arbitration on behalf of appellant landlord of shopping centre in dispute with tenant over service charge and insurance rents.
Acting as arbitrator in dispute over the correct construction of provisions in partnership deed.
Related cases
Salford Estates (No 2) Ltd v Altomart Ltd [2015] 3 WLR 491 – application of s.9 Arbitration Act 1996 and the relationship between winding-up petition to recover service charges and insurance rent under lease containing arbitration.
Eric Wright Group Ltd v Manchester City Council [2020] EWHC 2089 (Ch) – successful on appeal from the decision of an arbitrator of a rent review dispute, it was held that the arbitrator had not failed in his duty to allow the landlord a reasonable opportunity to present its case by refusing to permit it to adduce further evidence of fact and circumstances.
Art & Antiques Ltd v (1) Peter Richards (2) Towergate London Market Ltd (3) Zurich Insurance Plc [2014] PNLR 10 – insured’s claims for breach of contract and professional negligence arising out of the refusal of indemnity under an insurance contract were struck out save for negligence claim against brokers where the same claims had been determined by arbitration and an issue estoppel arose.
Lesley is a Bank 1 silk in Chancery and Commercial Dispute Resolution in Chambers UK and a leading silk in the Legal 500 for Commercial, Banking & Insolvency. She acts (often receiving instructions from in-house Counsel) in relation to all aspects of complex commercial contracts and torts including joint ventures, agency, distribution and franchising agreements and share and asset sale warranty claims.
Lesley also has significant experience of procedural law including two appeals to the Court of Appeal on aspects of the CPR following the decisions in Mitchell and Denton.
Recent work
Acting on behalf of Defendant sellers of shares in earn out dispute involving company involved in the use of hydro-cyclonic technology in the gas and oil industry.
Acted for Mental Health (UK) Limited and its subsidiaries which provide residential and hospital services for people with autism and mental health issues in relation to various issues against former consultants/employees including in relation to alleged breaches of duty of consultant who acted as Medical Director and Caldicott Guardian concerning conflicts of interest, misuse of confidential information and related whistleblower issues.
Acted for insurers in connection with proper construction of ATE “ClaimProtect Legal Expenses Insurance Policy” and avoidance issues.
Acted on behalf of Nigel Armstrong, former CEO of the Bannatyne Group of companies in connection with shareholder dispute and related claims arising from his removal as a director of the Bannatyne Group. Case now settled.
Advising utility company in connection with proper interpretation of the Electricity Act 1989 and the Gas Act 1995 in relation to premises in multiple occupation.
Related cases
Supreme Court
Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd [2018] UKSC – successful on behalf of firm of solicitors in enforcement of an equitable lien against insurers in relation to the costs incurred by it on behalf of six individuals involved in road traffic accidents whose drivers were insured by Haven.
Digital Satellite Warranty Cover Ltd v Financial Services Authority [2013] 1 WLR 605 (Supreme Court) and [2012] 2 All ER (Comm) 38 (CA) – extended warranty contracts providing for the repair or replacement of satellite television equipment were contracts of general insurance and so a regulated activity for the purposes of FSMA 2000 and the insurance directive did not prevent Member States from regulating insurance business falling outside the 18 classes listed in its Annex and FSA was entitled to wind up on public interest grounds.
Court of Appeal
Brian John Harris v (1) Micro Fusion 2013 LLP (2) Future Films (Management Services) Ltd (3) Future Films (Partnership Services) Ltd [2016] EWCA Civ 1212 – acted for successful respondents in relation to the proper scope of the fourth exception to the rule in Foss v Harbottle on an application to continue a common law derivative claim.
Fitzgerald v Henerty [2016] EWCA Civ – acted for successful respondents – Judge was correct to find that there were no suspicious circumstances in connection with the knowledge and approval of a deathbed will.
Salford Estates (No 2) Ltd v Altomart Ltd [2015] 3 WLR 491 – relationship between winding up petition and lease containing arbitration clause.
Peter Elliott v Stobart Group Limited and Others [2015] EWCA Civ 449 – successfully defended appeal against judge’s decision in light of Mitchell to refuse the claimant more time to serve a psychiatric report in support of his claim that an injunction obtained by them against him has caused or exacerbated his mental disorder.
Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408 – approach to extensions of time to serve respondent’s notice in light of Mitchell and Denton decisions.
ICI Chemicals & Polymers Ltd v TTE Training Ltd [2007] EWCA Civ 725 – Court of Appeal gave guidance as to when summary judgment should be granted where a short point of construction of an agreement arose.
Other
Re Derbyshire Aggregates Limited [2021] EWHC 2455 (Ch) – successfully acted for the petitioners at trial in an unfair prejudice claim and related Part 8 claim involving successful aggregates business where shares were valued at c. £20m and central allegation of unfitness was based on improper threats/duress.
Re Keeping Kids Company [2021] EWHC 175 (Ch) and [202] EWHC 2839 (Ch) – acted on behalf of the Official Receiver in unsuccessful attempt disqualification of charity trustees under the CDDA 1985. Nine-week trial took place during pandemic on hybrid basis.
BIP Chemical Holdings Ltd v Blundell [2021] EWHC 2590 (Ch) – claim for breach of warranty and misrepresentation in connection with share purchase agreement of chemicals business.
Malik v Hussain [2021] EWHC 1405 (Ch) and [2020] EWHC 2334 (Ch)– acted at substantial trial and on subsequent consequential remedy hearings where Court declared that an informal partnership which had been set up in relation to SE Asian restaurant business had been in existence for some time before the parties entered a formal partnership deed and was not brought to an end when they formed a company. Related unfair prejudice petition was dismissed. Remedy hearing considered the appropriate scope of Syers v Syers when determining whether partnership assets should be placed on the market.
Stubbins Marketing Ltd v Stubbins Food Partnerships Ltd (In Administration) [2020] EWHC 1266 (Ch) – 18-day trial involving directors’ powers and duties in connection with a management buy-out engaging s.190 CA 2006 and whether there had been informal ratification by shareholders under the principle in Re Duomatic [1969] and whether there should be relief from liability under s.1157 CA 2006. Context of family breakdown.
UK Learning Academy Ltd v Secretary of State for Education [2020] EWCA Civ 370 – acted for the SofS successfully resisting attempt to appeal in connection with adult education provision contract – CA held that the alleged formation of an agreed variation to a contractual cap and a submission of promissory estoppel had not been advanced at trial and so would be contrary to the public interest in the finality of litigation for a new case to be advanced on appeal.
Re Priestley Homes (Bradford) Ltd [2019] 7 WLUK 406 – whether the director of a petitioning company seeking relief for unfair prejudice under s.994 CA 2006 had had authority to issue the proceedings.
Sharifa Begum Malik v Abdul Waheed Shiekh [2018] EWHC 973 (Ch) – successfully led Lina Mattson in appeal concerned with the setting aside of transfers of commercial property by an elderly woman procured by the undue influence of her sons.
Manchester Ship Canal Co Ltd v Environment Agency [2017] EWHC 1340 (QB) – proper construction of agreement under which claimant was entitled to recover compensation from the EA for increased water-flow rates arising from flooding incidents,
MRH Solicitors Ltd, Apex Hire UK Ltd and Pennington Legal Ltd v Manchester County Court [2015] EWHC 1795 (Admin) – successful judicial review of findings of fraud made by a recorder against a firm of solicitors and two car hire firms in a personal injury claim where allegations of fraud had not been pleaded against them and the parties had had no opportunity to rebut the allegations
Howes Percival LLP v Page and Page [2013] EWHC 4104 – defendants’ incorrect assertion that its solicitors were not entitled to recover their costs was held to amount to a repudiatory breach of the CFA with the claimant.
Art & Antiques Ltd v (1) Peter Richards (2) Towergate London Market Ltd (3) Zurich Insurance Plc [2014] PNLR 10 – insured’s claims for breach of contract and professional negligence arising out of the refusal of indemnity under an insurance contract were struck out save for negligence claim against the brokers where the same claims had been determined by arbitration and an issue estoppel arose.
Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 339 (Ch) – important and frequently cited decision on the factors to be taken into account when deciding to grant summary judgment.
Stephen Carter (as Personal Representative of the Estate of Frank Carter) v Freeman Group Plc [2008] EWHC 3576 (QB) – held that complex and difficult point of law concerning the assignment of liabilities between a partnership and a company was not capable of being determined summarily.
Peter Nolan v Graham Michael Wright [2009] 3 All ER 823 – claim to re-open a consumer credit agreement under s139 of the Consumer Credit Act 1974 as an extortionate credit bargain was an action upon a specialty to which a limitation period of 12 years applied.
Ranked as Leading Silk for Company and Insolvency in Legal 500 and as Band 1 silk for chancery and partnership (Northern). Lesley acts and advises in relation to all aspects of company law but especially in connection with disputes between shareholders and in breach of trust/fiduciary duty claims. Current and recent work includes advising the Board of a long-established family company in connection with interpretation of its articles of association; advising in connection with the proper interpretation of drag along provisions on a sale of a company to private equity investors and advising majority shareholders of a chain of nursing homes in connection with the meaning of provisions in a debenture.
Band 1 silk (Northern) for partnership in Chambers & Partners. Lesley acts in all types of partnership and LLP disputes but especially professional partnerships such as solicitors, surveyors, financial advisers and accountants. Recent and current cases include property and partnership disputes involving a small chain of pharmacy businesses, acting for continuing partners in estate agent and property valuation partnership/LLP in relation to the activities of a former partner and advising the administrators of a firm of solicitors in connection with a dispute over recoveries and priorities with the Solicitors Regulatory Authority.
Recent work
Advising the Board of a long-established family company in connection with the interpretation and modernisation of its memorandum and articles of association.
Advising on the proper construction of pre-emption provisions.
Advising Board in relation to the jeopardy to assets caused by former directors.
Acted for vendors in connection with claims brought against them for alleged breaches of warranty in connection with the sale by them of a company making well-known brands of soft drinks including in connection with the operation of a QC Opined Amount mechanism in the share purchase agreement.
Advising shareholders in connection with potential derivative claim.
Advising Board in connection with treatment of multiple distributorships and franchise agreements in context of re-structure.
Advising Board on validity of claim brought by shareholders where shares were uncalled and unpaid.
Delivered paper on Sanctioning Schemes of Arrangement in light of Codere March 2016.
Acting on complex partnership dispute and related claims arising from the breakdown of relations between partners in a global media/advertising firm.
Property and partnership disputes in a small chain of retail pharmacy businesses.
Acting for the continuing partners in estate agency and property valuation and surveying partnership/LLP in relation to the retirement of a former partner and indemnities.
Advising the administrators of a national firm of solicitors in connection with dispute over priorities and recoveries with the Solicitors Regulatory Authority.
Advising firm of solicitors in connection with claim brought by former partner for sums owed on capital account and with cross claim for negligence and breach of duty.
Advising firm of solicitors in connection with conduct of two partners in setting up a rival firm.
Advising on mutual indemnities between solicitor partners in relation to a lease of commercial premises.
Related cases
Court of Appeal
Re Derbyshire Aggregates Limited [2021] EWHC 2455 (Ch) – successfully acted for the petitioners at trial in an unfair prejudice claim and related Part 8 claim involving successful aggregates business where shares were valued at c. £20m and central allegation of unfitness was based on improper threats/duress.
Brian John Harris v (1) Micro Fusion 2013 LLP (2) Future Films (Management Services) Ltd (3) Future Films (Partnership Services) Ltd [2016] EWCA Civ 1212 – acted for successful respondents in relation to the proper scope of the fourth exception to the rule in Foss v Harbottle on an application to continue a common law derivative claim.
Strahan v Wilcock [2006] 2 BCLC 555 – successfully defended appeal against decision that a company was a “quasi-partnership” and that the minority shareholder who had been excluded from management was entitled to have his shares purchased by the majority without any discount.
Other
Malik v Hussain [2021] EWHC 1405 (Ch) and [2020] EWHC 2334 (Ch)– acted at substantial trial and on subsequent consequential remedy hearings where Court declared that an informal partnership which had been set up in relation to SE Asian restaurant business had been in existence for some time before the parties entered a formal partnership deed and was not brought to an end when they formed a company. Related unfair prejudice petition was dismissed. Remedy hearing considered the appropriate scope of Syers v Syers when determining whether partnership assets should be placed on the market.
Re Keeping Kids Company [2021] EWHC 175 (Ch) and [202] EWHC 2839 (Ch) – acted on behalf of the Official Receiver in unsuccessful attempt disqualification of charity trustees under the CDDA 1985. Nine-week trial took place during pandemic on hybrid basis.
Stubbins Marketing Ltd v Stubbins Food Partnerships Ltd (In Administration) [2020] EWHC 1266 (Ch) – 18-day trial involving directors’ powers and duties in connection with a management buy-out engaging s.190 CA 2006 and whether there had been informal ratification by shareholders under the principle in Re Duomatic [1969] and whether there should be relief from liability under s.1157 CA 2006. Context of family breakdown.
Re Priestley Homes (Bradford) Ltd [2019] 7 WLUK 406 – whether the director of a petitioning company seeking relief for unfair prejudice under s.994 CA 2006 had had authority to issue the proceedings.
Mental Health Care (UK) Ltd v Edward Lupen Healthcare (UK) Ltd [2019] EWHC 1 (Ch) – substantial trial engaging the employment status of a consultant employed by a health care company and the principle on de facto directors and breach of fiduciary duty by failing to declare commercial interests.
Bhullar v Bhullar [2017] EWHC 407 (Ch) – acted for successful party at trial to show that substantial payments had been made in breach of fiduciary duty. Context of family breakdown.
Jennifer Lee v Futurist Developments Ltd [2010] EWHC 2764 (Ch) – company director acted in breach of fiduciary duties he owed to a second company in which he was a shareholder for failing to account for introduction fee on development land owned by second company and paid by the ultimate purchaser of land.
Amparo Castilla Bateman (Widow & Executrix of the Estate of Brian Bateman, Deceased) v Danks Holdings Ltd & Bristol & Babcock Ltd [2009] EWHC 2082 (QB) – in interpreting a transfer agreement between two wholly-owned subsidiaries of the same parent company the natural conclusion to be drawn from the words of the agreement was that all liabilities would transfer unless specifically
Carter v Freeman Group Plc [2008] EWHC 3576 (QB) – complex and difficult point of law concerning an assignment of liabilities for potential mesothelioma between a partnership and a company was not suitable for summary determination.
Band 1 silk for insolvency and restructuring (Northern) in Chambers & Partners and leading silk for company and insolvency in Legal 500. Lesley has extensive experience in personal and corporate insolvency (including in relation to cross-border aspects) and acts for and against office-holders especially in relation to asset recovery. She also has significant experience of directors’ disqualifications and public interest winding up (both for and against the DBIS) including in relation to carousel and missing trader frauds.
Lesley sits on the advisory editorial board for Lexis Nexis Insolvency & Restructuring and is the author of five chapters in Tolley’s Insolvency Law.
Recent work
Acting for liquidators against former directors of company for transaction at an undervalue/preference.
Acting for administrators of national firm of solicitors, in connection with dispute over recoveries and priorities with Solicitors Regulatory Authority.
Acted for director in successfully rebutting attempts by the Insolvency Service to obtain information under s453C Companies Act 1985 as part of wider investigation.
Acted for liquidator of Carter International Limited in relation to number of applications and challenges by DRC, a creditor, in connection with his conduct of the liquidation.
Acting for the Applicant on unusual application to set aside IVA on grounds of unfair prejudice and/or material irregularity in the conduct of the meeting.
Delivered paper on Sanctioning Schemes of Arrangement in light of Codere March 2016.
Related cases
Supreme Court
Digital Satellite Warranty Cover Ltd v Financial Services Authority [2013] 1 WLR 605 (Supreme Court) and [2012] 2 All ER (Comm) 38 (CA) – extended warranty contracts providing for the repair or replacement of satellite television equipment were contracts of general insurance and so a regulated activity for the purposes of FSMA 2000 and the insurance directive did not prevent Member States from regulating insurance business falling outside the 18 classes listed in its Annex and FSA was entitled to wind up on public interest grounds.
Court of Appeal
Saw (SW) 2010 Ltd and Neil Wilson Accountancy v Wilson, O’Keefe and Gray (as joint administrators of Property Edge Lettings Ltd) and Nationwide Building Society [2017] EWCA Civ 1001 – acted for Nationwide on whether the crystallisation of an earlier charge over property prevented a debenture taking effect as an enforceable, qualifying floating charge.
Salford Estates (No 2) Ltd v Altomart Ltd [2015] 3 WLR 491 (CA) on the relationship between a winding up petition and lease containing arbitration clause.
Medforth v Blake [2000] Ch 86 – agricultural receiver of mortgaged property was held to owe the mortgagor a duty beyond that of good faith.
Other
Re Paperback Collection & Recycling Ltd (In Liquidation) [2020] EWHC 1601 (Ch) a fine imposed on a company in criminal proceedings was a debt provable in the winding-up or administration of a company where it was triggered by criminal offences committed prior to the entry into liquidation even if the fine was imposed after the onset of insolvent liquidation. The fine was a contingent or future, debt or liability.
Re Paperback Collection & Recycling Ltd (In Liquidation) [2019] EWHC 2904 (Ch) – High Court did not have jurisdiction to stay proceedings against a company in liquidation for environmental offences.
Re Corporation of West Kent and Ashford College (In Education Administration) [2020] EWHC 907 (Ch) – acted for the administrators – in education administration under the Insolvency Act 1986, as modified by the Technical and Further Education Act 2017, the education administrators had power to propose a company voluntary arrangement to the creditors of a further education body which was a statutory corporation.
Re Corporation of West Kent and Ashford College (In Education Administration) – acted for the Secretary of State for Education in obtaining the second Education Administration Order under Ch 19 of the Technical and Further Education Act 2017 and the Education Administration Rules 2018 in relation to West Kent and Ashford College.
Re Corporation of Hadlow College [2019] EWHC 2035 (Ch) – acted for the Secretary of State for Education in obtaining the first ever Education Administration Order under Ch 19 of the Technical and Further Education Act 2017 and the Education Administration Rules 2018 in relation to Hadlow College.
Advising and drafting Skeleton Argument in Lakatamia Shipping Co Ltd v Hsin Chi Su on whether Mr Su had place of residence within meaning of s.263I(2)(b) Insolvency Act 1986 – although did not do hearing the argument was successfully upheld.
Lesley regularly handles insolvency matters relating to property such as:
Saw (SW) 2010 Ltd and Neil Wilson Accountancy v Wilson, O’Keefe and Gray (as joint administrators of Property Edge Lettings Ltd) and Nationwide Building Society [2017] EWCA Civ 1001 – acted for Nationwide on whether the crystallisation of an earlier charge over property prevented a debenture taking effect as an enforceable, qualifying floating charge.
Lesley’s property expertise makes her perfectly placed to handle professional negligence and professional liability claims against a wide variety of property professionals including valuers and surveyors.
Related work
Acting for claimant in claim against property valuers for negligent valuation of commercial property and related claim against bank for miss-selling of interest rate hedging products.
Acting for claimant property company in relation to failure by solicitors to issue within limitation period claim form in connection with professional negligence of previous firm of solicitors.
Acting for claimant in claim that solicitors failed promptly to obtain Deeds of Covenant and then register title of a portfolio of investment properties.
Related cases
Court of Appeal
Priory Caring Services Ltd v Capital Property Services Ltd [2010] EWCA Civ 226 – general undertaking not to issue court proceedings against surveyor was binding.
Lloyds Bank Plc and others v Michael William Cassidy [2004] EWCA Civ 1767 – acted for successful receivers in connection with claim for professional negligence against lending bank and receivers appointed under a mortgage of agricultural land.
Medforth v Blake [2000] Ch 86 – receiver of mortgaged property was held to owe the mortgagor a duty beyond that of good faith.
Lesley undertakes work in connection with all aspects of professional negligence and professional liability including claims against financial services professionals and advisers as well as insurance professionals.
Recent work
Acting for Guardian SIPP in connection with multiple claims brought for breach of contract and/or duty and/or statutory duty under FSMA against it as SIPP operator in connection with the Harlequin overseas property investment and in related dealings with the FCA, FSCS, and Financial Services Ombusdman.
Acted for supplier and distributor of retail goods in relation to claim against insurer for avoidance of policy alleged material non-disclosure and against insurance brokers for negligence in failing to disclose.
Art & Antiques Ltd v (1) Peter Richards (2) Towergate London Market Ltd (3) Zurich Insurance Plc [2014] PNLR 10 – insured’s claims for breach of contract and professional negligence arising out of the refusal of indemnity under an insurance contract were struck out save for negligence claim against the brokers where the same claims had been determined by arbitration and an issue estoppel arose.
Medforth v Blake [2000] Ch 86 – receiver of mortgaged property was held to owe the mortgagor a duty beyond that of good faith.
Lesley has considerable expertise in handling claims relating to legal professionals, be they solicitors, barristers or other related professions.
Related work
Acting for claimant property company in relation to failure by solicitors to issue within limitation period claim form in connection with professional negligence of previous firm of solicitors.
Acting in connection with allegation of negligence against solicitors in connection with the drafting of a valuation provision in an option agreement where the effect of the clause is to provide double recover of costs and expenses.
Acting for claimant in claim against solicitors for negligent advice in relation to the terms of a commercial lease.
Acting for claimant in claim that solicitors failed promptly to obtain Deeds of Covenant and then register title of a portfolio of investment properties.
Acting for the administrators of a national LLP of solicitors in connection with dispute with the Solicitors Regulatory Authority over recoveries and priorities between creditors and obligations under the Solicitors’ Accounts Rules.
Advising firm of solicitors in connection with claim brought by former partner for sums owed on capital account and with cross claim for negligence and breach of duty.
Acted for Athena Law in connection with claim brought by Leading Counsel for his fees raising issues as to proper construction of retainer and professional conduct rules.
Koser v Megsons LLP (2017) – acted for the successful claimant in claim for professional negligence connected with a fraudulent transfer of two commercial properties by a third party.
Acting for the administrators of a national LLP of solicitors in connection with dispute with the Solicitors Regulatory Authority over recoveries and priorities between creditors and obligations under the Solicitors’ Accounts Rules.
Related cases
Howes Percival LLP vPageandPage [2013] EWHC 4104 – defendants’ incorrect assertion that its solicitors were not entitled to their costs was held to amount to a repudiatory breach of their CFA with the claimant. The claims by the defendants to avoid the CFA on account of breach of the Cancellation of Contracts made in a Consumers’ Home or Place of Work etc. Regulations 2008 and for professional negligence were dismissed.
Lesley is very experienced in handling commercial landlord and tenant disputes. These often draw on her insolvency expertise and she has acted in relation to a number of pre-pack and other sales from administration of property owned by retail chains.
She has particular experience of property issues arising in the context of company, partnership and LLP ownership.
Lesley is a Band I silk in Chambers & Partners (Northern) and a leading silk in the Legal 500 for property and construction.
Recent work
Acted in arbitration on behalf of appellant landlord of shopping centre in dispute with tenant over service charge and insurance rents.
Advising and appearing in Court of Appeal on renewed application for permission in connection with an appeal against forfeiture of restaurant/music venue – raising issues of abandonment/waiver of covenant and estoppel.
Acting for tenant (former BHS) and lender in relation to forfeiture on grounds of breach of keep open covenant.
Recent cases
Court of Appeal
Saw (SW) 2010 Ltd and Neil Wilson Accountancy v Wilson, O’Keefe and Gray (as joint administrators of Property Edge Lettings Ltd) and Nationwide Building Society [2017] EWCA Civ 1001 – acted for Nationwide on whether the crystallisation of an earlier charge over property prevented a debenture taking effect as an enforceable, qualifying floating charge.
Salford Estates (No 2) Ltd v Altomart Ltd [2015] 3 WLR 491 – appeared for Salford Estates, the owner of a retail shopping centre, in a case concerning the relationship between a winding up petition and a lease containing an arbitration provision.
1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2021] EWCA Civ 1119 –– a demand for payment of the service charge under s.20B(1) Landlord and Tenant Act 1985 had to be a contractually valid demand which was served in accordance with the service charge provisions of the lease and the 18 month limitation could not be circumvented by retrospective validation of the original demand.
Eric Wright Group Ltd v Manchester City Council [2020] EWHC 2089 (Ch) – successful on appeal from the decision of an arbitrator of a rent review dispute, it was held that the arbitrator had not failed in his duty to allow the landlord a reasonable opportunity to present its case by refusing to permit it to adduce further evidence of fact and circumstances.
Lesley has considerable experience of property issues arising in the context of property development.
Recent work
Advising local authority on appropriation of land for planning purposes and non-derogation from grant under s.203 Housing and Planning Act 2016.
Advising local authority in relation to Tesco’s withdrawal from option/development agreement to develop key city centre site.
Advising on subordination agreement in connection with development of Outlet Centre.
Acting for property developer in connection with mutual restrictive covenants and easements in lease of business park.
Advising well known chain of budget hotels on rights of way over development site.
Advising developer of business park in connection with rights to park granted by Deed of Grant and provisions for indemnity.
Recent cases
Warwickshire Aviation Ltd v Littler Investments Ltd [2019] EWHC 633 (Ch) – whether judge below erred in finding that an airfield owner had a reasonable prospect of obtaining planning permission to demolish buildings on site and to cease use as airfield in order to enable residential development.
Lesley undertakes all aspects of contentious real property work.
Lesley’s insolvency experience means that she is particularly well placed to advise on cases raising property insolvency issues and she has acted in relation to a number of pre-pack and other sales from administration of property owned by retail chains.
She also handles professional negligence claims in relation to property work (see separate tab).
A recent highlight was her appearance in the Supreme Court on behalf of Mortgage Business Plc (a division of Lloyds Bank) in the Scott case concerned with priorities.
Recent cases
Supreme Court
Rosemary Scott v Southern Pacific Mortgages Ltd [2015] AC 385 – appeared on behalf of Mortgage Business Plc (a division of Lloyds Bank plc) together with Daniel Gatty of Hardwicke in case concerning whether a purchase of land was capable of creating a proprietary interest, capable of being an overriding interest, before completion of the contract for sale.
Court of Appeal
Saw (SW) 2010 Ltd and Neil Wilson Accountancy v Wilson, O’Keefe and Gray (as joint administrators of Property Edge Lettings Ltd) and Nationwide Building Society [2017] EWCA Civ 1001 – acted for Nationwide on whether the crystallisation of an earlier charge over property prevented a debenture taking effect as an enforceable, qualifying floating charge.
Acting for claimant in claim that solicitors failed promptly to obtain Deeds of Covenant and then register title of a portfolio of investment properties.
She also appeared in the earlier case of Nationwide Anglia Building Society v Ahmed and Balakrishnan (1995) 70 P & CR 381 on scintilla temporis and the indivisibility of contact, transfer and mortgage in secured lending which was considered by the Supreme Court in Scott.
Other
Eric Wright Group Ltd v Manchester City Council [2020] EWHC 2089 (Ch) – successful on appeal from the decision of an arbitrator of a rent review dispute, it was held that the arbitrator had not failed in his duty to allow the landlord a reasonable opportunity to present its case by refusing to permit it to adduce further evidence of fact and circumstances.
Malik (Deceased) v Shiekh [2018] EWHC 973 (Ch) – transaction was found to be tainted by undue influence and set aside. A presumption of undue influence was not confined to cases where trust and confidence was reposed, either financially or generally, but also extended to cases where there was evidence of dependence or vulnerability.
Manchester Ship Canal Co Ltd v Environment Agency [2017] EWHC 1340 (QB) – claimant which owned and operated the Manchester Ship Canal had no real prospect of recovering compensation from the Environment Agency for increased water-flow rates in incidents of flooding because the terms of the relevant agreement between the claimant and the Agency’s predecessor required the identification of a specific site at which the water-flow rates were to be gauged and the parties had not identified any site.
Holaw (470) v Stockton Estates Ltd (2001) 81 P & CR 29 – whether a right of way, reserved for the benefit of the underlessee of the dominant tenement was determined on the expiry of the tenancy by effluxion of time or capable of survival by implied reservation or rectification.
Since taking silk, Lesley has been instructed on a number of cases concerning costs.
Recent cases
Supreme Court
Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd [2018] UKSC – successful on behalf of firm of solicitors in enforcement of an equitable lien against insurers in relation to the costs incurred by it on behalf of six individuals involved in road traffic accidents whose drivers were insured by Haven.
Other
Howes Percival LLP v Page and Page [2013] EWHC 4104 – defendants’ incorrect assertion that its solicitors were not entitled to their costs was held to amount to a repudiatory breach of their CFA with the claimant. The claims by the defendants to avoid the CFA on account of breach of the Cancellation of Contracts made in a Consumers’ Home or Place of Work etc Regulations 2008 and for professional negligence were dismissed.
CSR & pro bono
Chairman of the Pro-Bono Sub-Committee of the Chancery Bar Association
Directory recommendations
For 2020, 2021 and 2022 Lesley has been named by Chambers & Partners as one of only a handful “Stars at the Bar”.
Since being in practice Lesley has received consistent recommendations in Chambers Guide where she is ranked as a Band 1 silk in six practice areas: Chancery; Commercial Dispute Resolution; Partnership; Professional Negligence; Real Estate Litigation; and Restructuring/Insolvency and in the Legal 500 where she is ranked as leading silk in Chancery, Probate and Tax; Company and Insolvency; Commercial Litigation; Professional Negligence and Property and Construction.
She is also ranked in Who’sWho Legal UK Bar for Insolvency and Restructuring and Real Estate.
Legal 500 2022
“Huge knowledge, dedication to the cause and an endearing style that clients like and respect; a very safe pair of hands and a go-to person.”
“I have instructed Lesley when dealing with a number of challenging clients. Lesley has the ability to cut through complex issues and to swiftly deliver strategic advice in a straightforward, down to earth manner. She is very approachable and a joy to work with because of this.”
Chambers UK 2021
“She is tremendously impressive. She has that gift of being able to communicate complicated ideas very simply to clients.” “Lesley is able to cut through large amounts of information to get to the heart of the case and identify the key points. She is outstanding on her feet.”
“She is highly intelligent, commercially astute and very thorough. An exceptional advocate.” “She has a calm, straightforward and sensible approach. Her advice is pragmatic and is presented in a succinct and user-friendly way. She is a fierce advocate and is outstanding on her feet.”
“She is methodical and thorough”.
“She is absolutely outstanding all round.”
“Lesley advises in a courteous, efficient, practical and speedy manner. She is an outstanding lawyer.” “She is very easy to deal with, bright, tactically astute, and down to earth.” “She’s absolutely superb and extremely knowledgeable.”
“She is highly intelligent and has a great presence in court.” “She is brilliant on her feet.” “Lesley has a real gift when it comes to speaking to clients and they are quickly inspired with confidence that she is really invested in fighting their corner.”
Other quotes
“She is very good and has got a good profile nationally. She is a fearsome advocate and her cross-examination is very impressive.” “She is very analytical; she lays things out in a sensible, analysed way and she manages client expectations very well.” (Chambers UK)
“She is a formidable advocate with good procedural knowledge. She cuts to the chase, has a good eye for detail and is a brilliant all-round lawyer.” “She has an impressive ability to persuade judges to come round to her way of thinking. Without fail all clients are impressed by her.” (Chambers UK)
“Extremely academic, extremely good on her feet and expressive without being aggressive.” (Chambers UK)
“She is very thorough, tactically very astute – a big personality in negotiation. An excellent advocate who is very empathetic with clients.” (Chambers UK)
“If there’s anything difficult or complex you need your number-one team on, she’s your first port of call.” (Chambers UK)
Professional associations
Bencher of the Honourable Society of the Middle Temple (2011)
Chancery Bar Association (including member of the Committee)
Northern Chancery Bar Association (immediate past Chairman)
Northern Circuit Commercial Bar Association
Associate Member R3
Northern Circuit
North Eastern Circuit
Member of the Editorial Advisory Board of Lexis/Nexis PSL for restructuring and insolvency
Honorary member of the Editorial Board of the Manchester Review of Law, Crime and Ethics
Publications
“Negotiating or gain based remedies in contract – account of profits, Wrotham Park and its progeny” [2016] Manchester Review of Law, Crime and Ethics Vol 5.185
Qualifications
Deputy High Court Judge since 2008
Recorder since 2006
CEDR accredited mediator since 2000
Arbitrator
University of Manchester LLB (Hons)
Insights
Lesley Anderson KC successful on behalf of the Leeson family
09/09/2024
Lesley Anderson KC and Paul Strelitz successfully represent defendant in £40m Commercial Court fraud claim
26/05/2023
Witness statement reforms – what to note and why not to worry
31/03/2021
Lesley Anderson QC appears on behalf of the Secretary of State for Education to obtain the first special education administration order made under the Technical and Further Education Act since the relevant provisions came into force in January 2019
28/05/2019
Lesley Anderson QC succeeds in the Supreme Court
18/04/2018
Digital Satellite Warranty Cover Ltd v Financial Services Authority [2013] 1 WLR 605 (Supreme Court) and [2012] 2 All ER (Comm) 38 (CA)
14/04/2016
Past events
Topical Issues in Insolvency & Restructuring
03/03/2016
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