Lyndsey is experienced in a wide range of commercial and contract related disputes, domestically and internationally, including the following:

• AWG v Sir Fraser Morrison & ors: with Lawrence Cohen QC and Amanda Harington defending a high profile civil fraud arising out of the takeover of a listed company. The case settled at the outset of a trial listed for nine months
• Advice to Swiss clients on assignment of debt owed by former National Bank of Yugoslavia to the Czech Republic into an SPB shell company in the BVI
• Platinum Investment Trust v Knox D’Arcy Asset Management Ltd [2006] EWHC 1893 (led by Stephen Moverley Smith QC) seeking rectification of a deed giving entitlement to share warrants to former managers of a trust fund
• Extensive experience in general commercial litigation, advice, drafting (including breach of contract, misrepresentations during the sale of shares, construction of contracts)
• Breaches of settlement agreements
• Advice and litigation in relation to partnerships
• Interlocutory applications including freezing injunctions

Recommended in this area by Legal 500, Lyndsey has a strong background in insolvency work, both corporate and personal, working extensively with insolvency practitioners and accountants by means of licensed caccess, as well as with well respected sets of solicitors in this field.  She has particular expertise in disqualification proceedings.  She is also an expert contributor to Tolley’s Insolvency Law.

The areas in which she has provided advice and has acted include:

• Doffman & Isaacs: disqualification action in relation to an application seeking costs from a third party, having resisted third party disclosure applications.
• Scala Land Ltd & Ors: this case achieved the rare feat of dismissing the public interest winding up petitions brought by the Secretary of State of Business Innovations & Skills against Scala Land and some other companies.
• Drummond: Sale of property for an insolvency practitioner.
• HC Water: Heavily contested application to restrain presentation of a winding up petition.
• Re Mannish: Lyndsey obtained a suspension of discharge from bankruptcy.  She also assisted with all litigation aspects of the bankruptcy and in a hidden assets investigation in this £30m bankruptcy.
• The Consumers Trust: Lyndsey produced the arguments for the appeal of this matter which is important in relation to enforcement of foreign insolvency proceedings.
• Advice to liquidator of Bahamian insurance company on the nature of executive flexible premium annuities
• Corporate reconstructions including all aspects of winding-up, administration and voluntary arrangements
• Re Dave O’Keefe & Co Ltd [2004] All ER (D) 422: successfully obtaining permission to continue criminal proceedings in the public interest against a company in administration
•  Katchis v UPS London [2003] EWHC 3222(Ch): acting for the successful respondent creditor where it was held that the debtor’s argument as to why a bankruptcy order should not be made was inadmissible in an appeal against dismissal of an application to set aside a statutory demand
• Re a Debtor (No 8278 of 2001) [2002] All ER (D) 155: acting successfully for the respondent supervisor of a failed IVA in an appeal against a bankruptcy order in which it was held that the registrar hearing a bankruptcy petition was entitled to take a serious view of particularly significant breaches of the voluntary arrangement both under section 276 Insolvency Act 1986 and under the terms of  the IVA
• Misfeasance by directors, liquidators and other office holders
• Winding up petitions in the public interest
• Asset recovery in insolvencies

One of Lyndsey’s key fields of expertise is advice and litigation relating to directors’ disqualifications. She has exceptional experience in this area, garnered as Junior Counsel for the Crown and acting as counsel of first choice for many Official Receivers and the Insolvency Service. Lyndsey also regularly acts in company related matters including:

• Advice and litigation in relation to shareholder disputes of all types in the UK and internationally
• Modern Perfect Developments Ltd v Spectrum International Holdings Ltd & anr (BVI proceedings): complex litigation in the BVI and related arbitration proceedings in Hong Kong concerning breaches of shareholders agreement in a quasi-partnership necessitating just and equitable winding up in the BVI and associated interim freezing injunctions to preserve assets
• Scala Land Limited and other companies [2010]: steered the companies to successful dismissal of public interest winding up petitions and provisional liquidator applications, leaving the companies free to continue to trade. Lyndsey was the sole advocate in charge of the delicate final stages of the process and carried out all liaison with the Department of Business, Innovation and Skills, drafting work to produce a new code of conduct and undertakings, and successful advocacy before Mr Justice Arnold
• Extensive experience in advising on and litigating under the Company Directors’ Disqualification Act 1986
• CMC Group Limited: advising the DTI to a successful conclusion in disqualification proceedings involving allegations of financial assistance, illegal share transfers, sale of subsidiary companies and corporate assets at an undervalue in the context of the collapse of a corporate group

Lyndsey has a respected practice in trusts, probate and estates and, by reason of her appointment as Junior Counsel to the Crown, has particular experience in testamentary capacity cases and matters involving the Attorney-General. She is also regularly instructed by some of the biggest charities in the UK. Examples of some of the work she has been involved in include:

• Lawrence Copeland & ors v Diane Mugford: success at trial in a case where the main issue was whether property in Spain was the subject of an inter-vivos gift or had passed under a will
• Antonio Montanez Rodriguez & anr v Orton & ors: advice and litigation regarding validity of will, trusts, gifts to charities, issues of capacity of testator and cross-border issues of Spanish and English laws of wills and trusts
• Advice and litigation relating to the Inheritance (Provision for Family and Dependants) Act 1975
• Private client offshore work in particular in Jersey and Guernsey. Currently advising on a Hastings-Bass issue in Jersey relating to the rectification of a settlement to make an interest in possession trust as opposed to a wrongly drafted discretionary trust
• Advice and litigation in matters of construction relating to legacies
• Various applications on behalf of trustees and charities for example under section 57 Trustee Act 1925, section 48 Administration of Justice Act 1985, section 26 Charities Act 1993