Home > Our people > Barristers > Lesley Anderson QC

Lesley Anderson QC

QC: 2006

Year of call: 1989

Lesley Anderson QC
  • We take data and privacy issues very seriously. See our privacy policy.

A truly exceptional silk

Chambers UK

Lesley Anderson QC practises in all aspects of chancery and commercial disputes especially those involving companies, corporate and personal insolvency, professional negligence and commercial property.

She was recently named as one of The Chambers 100 UK Bar which ranked the top 100 silks practising in England & Wales and described as: “Combines approachability, technical ability and excellent tactical judgement”.

She has appeared three times in the Supreme Court since 2013.

Lesley is particularly well known for her expertise in complex and sensitive shareholder/unfair prejudice disputes (three of the most recent involve well known High Street brands of, respectively, hair stylers, shoes and a chain of hotels and health clubs), breaches of trust and fiduciary duties and share and asset sale claims (“follow the money” type claims).

Clients include banks and private equity investors, multinationals and major public companies as well as a number of smaller manufacturing and e-commerce companies and professional firms and insolvency practitioners.  She acts for and against the Government including on public interest winding up and directors’ disqualification.

She acts regularly as an arbitrator and mediator and offers Early Neutral Evaluation (see her separate Mediator Profile).

She contributes regularly to legal and professional conferences and in-house training for solicitors and other professionals and to books and journals. She was formerly a legal academic at the University of Manchester and training manager for the Norton Rose M5 Group of solicitors’ practices.

Lesley also practises (since 1991) at Kings Chambers in Manchester, Leeds and Birmingham.  In 2016 she was shortlisted as Regional Silk of the Year in the Legal 500 Awards.

Lesley is married to Colin and has two grown-up step-children Gareth and Lindsay.  When not working she spends time in Edinburgh (for the food, culture and rugby), a small cottage in Sutherland (for the food, walks and spoiling Max, an adopted Shetland pony) and travel (most recently Australia, Hong Kong, Thailand, Vietnam, Cambodia, USA and Dubai).

Banking & Finance

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.

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

  • 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 lending.
  • 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.

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 applied.

Civil Fraud & Asset Tracing

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

  • 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.

Commercial Arbitration

Lesley has significant experience of the use of arbitration in domestic and international commercial matters acting as arbitrator and as counsel.

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 (CA) on the relationship between a winding up petition and lease containing arbitration clause.
  • 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.

Commercial Litigation

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 contacts 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.
  • 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.

Others

  • 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.

Companies, Joint Ventures & Partnerships

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.

She is also a Band 1 silk for partnership in Chambers UK and acts in all type of partnership and LLP disputes, especially in relation to professional practices such as solicitors, surveyors, financial advisers and accountants.

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

  • 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.

Other

  • Bhullar v Bhullar and others[2017] EWHC 407 (Ch) – acted for successful claimant in action against his brother for breach of fiduciary duty in making substantial payments to a company controlled by him without the authority of the board of directors.
  • Jennifer Lee v Futurist Developments Ltd [2010] EWHC 2764 (Ch) – company director held to have acted in breach of the 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 the land.
  • Amparo Castilla Bateman (Widow and Executrix of the Estate of Brian Bateman – Deceased) v Danks Holdings Ltd and Bristol & Babcock Ltd [2009] EWHC 2082 (QB) – concerned the proper construction of a transfer agreement between two wholly-owned subsidiaries of the same parent company in the context of liability for historic industrial disease claims.
  • 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 concerning historic industrial disease claim was not capable of being determined summarily.
  • 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.
  • 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 to an LLP.
  • 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.

Corporate Insolvency

Lesley is ranked as a Band 1 silk in this area in both Chambers UK and Legal 500.  She is also a recommended expert in Who’sWhoLegal UK Bar in Insolvency & Restructuring.

She deals with all aspects of corporate and personal insolvency (including in relation to cross-border aspects) and acts for and against office-holders especially in relation to complex asset recovery cases.  She has significant experience of directors’ disqualifications (including permission applications) and winding up on public interest grounds and has acted for and against the DBIS.  Recent work includes carousel and missing trader frauds.

Member of the Editorial Advisory Board of Lexis/Nexis PSL for restructuring and insolvency

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.

Property Insolvency

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.

Property Professionals

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.
  • 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.

Financial Professionals, Insolvency Professionals, Directors & Officers

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.
  • 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.
  • 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.
  • 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.

Commercial Landlord & Tenant

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.

Recent work

  • Acted in arbitration on behalf of appellant landlord of shopping centre in dispute with tenant over service charge and insurance rents.
  • 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 case concerning the relationship between a winding up petition and a lease containing an arbitration provision.
  • Advsing 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.

Development

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.

Real Property & Mortgages

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 work

  • 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.
  • 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.
  • 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.
  • 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.

Costs Litigation

Since taking silk, Lesley has been instructed on a number of cases concerning costs.

Recent work 

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.

Directory recommendations

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 two areas: Commercial, Banking, Insolvency & Chancery and Property.

She is also ranked in Who’sWho Legal UK Bar for Insolvency and Restructuring and Real Estate.

  • “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)
  • A tenacious, combative yet measured advocate who always impresses clients” Legal 500
  • 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 co-opted 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)

CSR

Chairman of the Pro-Bono Sub-Committee of the Chancery Bar Association

Menu