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Ebony Alleyne
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Bright, effective, and thoroughly well prepared.

Client

An excellent advocate, who stays calm and adapts effortlessly when circumstances change.

Client

She is very clever and great to work with.

Client

Very able and incredibly client-friendly.

Client

Ebony specialises in commercial and insurance work with particular expertise in construction and engineering, property damage, professional negligence and commercial litigation. She is an experienced trial advocate, both as sole counsel and as a junior to leading counsel, and has been instructed in multi-week trials in the Chancery Division and the TCC; most recently acting for the successful claimants in Ali v Abbeyfield VE Ltd [2018] EWHC 669 (Ch) in which she was led by Brie Stevens-Hoare QC.

She is commended for her court advocacy, the quality of her written work and her personable, commercial and straight-forward style.

Ebony’s recent clients include: an international provider of outsourced business process services, a construction Joint Venture established in Turkey, a leading elevator installation company, a sustainable M&E engineering services company, a Railtrack maintenance contractor, a nationwide retail franchisor, and a leading bread manufacturer.

Outside of her legal practice, Ebony is currently enjoying working towards her private pilot’s licence.

Commercial Litigation

Ebony has experience in all forms of contract-based commercial disputes. She acts for businesses, entrepreneurs, charitable institutions and individuals in the myriad of claims that arise; often involving the interpretation of contracts, sale of goods, supply of services, loan agreements, misrepresentation and agency.

Ebony accepts all instructions, from interlocutory matters (including applications for summary judgment, strike out and security for costs) to trial, appeals, and enforcement.

Related Work:

  • Acting for a respondent company in an appeal concerning the capacity of the appellant, a private individual, to recover substantial damages for breach of contract suffered by his management services company.
  • Appearing for a partnership seeking repayment of fees and loss of profit (including loss of capital appreciation) against a former consultant.
  • Advising a charity regarding a joint venture agreement and subsequent dispute as to its liability for significant overspend on the project.
  • Acting for a bank resisting Part 8 proceedings for declarations to extinguish the outstanding capital balance of various residential mortgages, in circumstances where the claimant customers alleged the bank failed to demand C&I repayments after expiry of 12-month IO periods.
  • Appearing on behalf of a football agent in a claim to recover fees from a player pursuant to a Representation Agreement.
  • Acting for a major car distributor resisting a claim for defective manufacture brought in tort and under the Consumer Protection Act 1987.

Franchising

Ebony has comprehensive experience in franchising, representing both franchisors and franchisees, and attracting repeat instructions from specialist franchise solicitors.

She is particularly skilled at providing strategic and commercial advice in what are often time-sensitive disputes.

Ebony advises the full range of franchise clients from those engaged in traditional well-established franchises, to clients utilising more modern distribution methods, and emerging brands. Her experience of complementary areas of law gives her an invaluable insight into disclosure and employment-related issues.

Ebony accepts instructions from franchisors, franchisees (master and individual), manufacturers, suppliers, distributors and licensors.

Franchises dealt with include: Vision Express, Cash Converters, Putterills, Subway, Bathstore and Pistachios in the Park.

Related Work:

  • Ali v Abbeyfield VE Ltd [2018] EWHC 669 (Ch) – Fraudulent misrepresentation claim made by several joint venture partners for rescission and damages plus substantial counterclaim for internally maintained overdrafts. Trial in late 2017 with confidential quantum settlement. Led by Brie Stevens-Hoare QC.
  • Acting for the franchisee in High Court proceedings for fraudulent misrepresentation by exaggerated financial projections in the franchisor’s business prospectus. Trial listed in October 2018.
  • Advising master franchisee on the meaning and effect of clauses in relation to: the term, renewal and confidentiality and non-compete.
  • Advising a former franchisee in a breach of contract claim where the franchisor alleges use of unapproved suppliers caused significant brand damage and loss of profit.
  • Advising a Franchisee as to the effect and enforceability of a series of restrictive covenants contained in a standard form Franchise Agreement and a bespoke supplemental Agreement.
  • Various BFA Arbitrations.

Banking & Finance

Ebony has experience of claims involving loans, mortgages, derivatives and guarantees. She has been retained to act for banks, customers and regulators and her practice covers every aspect of operations of banks and other financial institutions.

Details of Ebony’s financial services-related professional negligence claims, including alleged misselling claims, can be found in the Professional Liability section of her profile.

Employment & Executive Disputes

Ebony’s employment law practice focuses on High Court executive disputes, which are often related to directors and shareholders disputes; and include claims for and against former employees and directors for breach of fiduciary duty, misfeasance, breach of trust, proprietary claims and conflicts of interest.

She also has experience in applying for and resisting injunctions for breach of restrictive covenants, infringement of fiduciary and confidentiality duties and freezing orders.

Adjudication

Ebony is regularly instructed in adjudications by both referring and responding parties, and undertakes enforcement hearings in the TCC.

She has experience of the full range of adjudications including payment disputes, professional negligence claims, final account disputes, defect claims and delay and disruption claims.

Related Work:

  • Representing the employer in a final account dispute in relation to extension of a college campus, which included issues over contractual interpretation, claims for variations, delay, loss and expense and liquidated damages. The contractor suspended the adjudication and settled after receiving Ebony’s Response.
  • Representing a subcontractor enforcing a ‘smash-and-grab’ payment adjudication in the TCC.
  • Representing a contractor in an adjudication against a leading gin distillery.
  • Representing a claimant in a Part 8 claim seeking to resolve issues raised in adjudication as part of the enforcement proceedings. 

Ebony also accepts instructions under Hardwicke’s Fixed Fee Adjudication Scheme.

Construction Litigation

Ebony’s practice comprises construction, insurance, engineering and infrastructure disputes and all forms of dispute resolution. She often acts in and advises upon, contractors’, sub-contractors’ and employers’ claims; and professional negligence claims against all construction professionals (including architects, structural engineers and surveyors).

Ebony has experience of the standard forms of contract used in the construction industry, including the JCT and NEC3 forms, and takes an active interest in writing in the field as an editor of Emden’s Construction Law.

Related Work:

  • Representing the freeholder and leaseholders of a prestigious residential development in central London in relation to serious defects with the external render and tiling in luxury bathrooms. This multi-million-pound, multi-party claim, is advanced against 8 defendants, along with a standalone claim against insurers.
  • Acting for the employer in a multimillion pound claim against various specialist consultants for delay in commissioning and operating a cost-saving combined heat and power unit.
  • Representing the employer in a claim for damages for defective roofing works that caused substantial water damage to a high-spec residential development.
  • Appearing in the TCC, on behalf of a Main Contractor and Defendant, resisting a claim for consequential loss brought in negligence, trespass and nuisance.
  • Advising an employer on a disputed final account, with allegations of bad faith concerning the termination of the contract.
  • Advising an employer on the contractual status of various side agreements to a JCT Minor Works Building Contract.

Construction Arbitration

Ebony acts on both domestic and international construction arbitrations.

Ebony is currently acting in a £45 million loss and expense acceleration claim, between two joint venture parties responsible for works on a gas pipeline. She is being led by Nigel Jones QC.

Related Work:

  • A RICS Arbitration acting for the employer over tiling defects to a high-spec multimillion pound residential property. The Arbitrator awarded Ebony’s clients substantial damages, including sums for suitable alternative accommodation during remedial works.
  • A dispute between a licensor and hotel over fees, sums due on termination, and liquidated damages.

Construction Insurance

Ebony is a contributor to Construction All Risks Insurance (Second edition, Sweet & Maxwell, 2016) and an editor of Emden’s Construction Law.

Ebony acts and advises on coverage and policy issues, especially in the construction insurance field, including policies of professional indemnity and all risks insurance.

She has also been led by Paul Reed QC in claims involving many of the leading insurers and continues to act in numerous high value and significant insurance disputes.

Related Work:

  • Advising the main contractor in relation to a £6million coverage dispute regarding a landmark building in London. Led by Paul Reed QC.
  • Advising freeholders and leaseholders regarding claims under new home policies in relation to work to common and private areas.
  • Advising a high net worth employer on recovering sums from an insolvent but insured contractor for defects in a prefab eco home.

Professional Indemnity Insurance

Ebony acts and advises on numerous professional indemnity policy issues.

Ebony is a contributor to Construction Professional Indemnity Insurance (Sweet & Maxwell, 2018).

Insurance Coverage

Examples of Ebony’s coverage practice can be found in the Construction Insurance section of her profile.

Property & Construction Professionals

Ebony’s construction law background makes her particularly well positioned to act in professional negligence matters with a construction element, such as claims involving architects, structural engineers and surveyors.

Her expertise in professional negligence claims against legal professionals is dealt with at that part of her profile.

Related Work:

  • Instructed in a claim against a firm of chartered surveyors over contract management services for refurbishment and roof works to Grade II listed terraced properties overlooking the English Channel.
  • Acting for a claimant employer in proceedings for negligent certification, under a JCT SBC.
  • Acting in a dispute over project managers’ fees, where in response to a fees claim, allegations of professional negligence have been raised by way of counterclaim.

Financial Professionals, Insolvency Professionals, Directors & Officers

Ebony has extensive experience of claims involving a wide range of financial professionals. She has been retained to act for both claimants and defendants and their insurers.

This part of Ebony’s practice dovetails well with the insight she gained in 2016 while acting as a Skilled Person in the FCA review arising out of the misselling of interest rate hedging products (IRHPs).

Related Work:

  • Advising in various swap, cap and collar IRHP claims, including claims for breach of contract, statutory duty and/or misrepresentation.
  • Advising on recoverability of a wide range of consequential loss in the context of commercial misselling claims.
  • Advising on claims alleging negligent financial advice and recommendation of unsuitable financial products, including tax mitigation schemes.

International

Ebony’s practice covers international as well as domestic work and she has handled disputes involving multiple jurisdictions including Europe and the Middle East.

Her experience acting in complex high value disputes across multiple jurisdictions stems from having worked in-house for US conglomerate Tyco International prior to coming to the Bar.

Professional associations

  • COMBAR
  • TECBAR
  • Society of Construction Law
  • Professional Negligence Bar Association
  • British Insurance Law Association
  • London Common Law & Commercial Bar Association

Publications

Ebony is a contributor to Construction Professional Indemnity Insurance (Sweet & Maxwell, 2018)and Construction All Risks Insurance (Second edition, Sweet & Maxwell, 2016).

Ebony is also an editor of Emden’s Construction Law and a contributor to the Practical Law Construction Blog.

Qualifications

  • LLB (Hons), First
  • Bar Vocational Course, Very Competent
  • Exhibition Scholar, Inner Temple
  • Martin Dockray Prize winner in consecutive years
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