Sarah Bayliss’ practice covers a broad range of traditional and commercial Chancery work for UK and international clients with an emphasis on business disputes arising in a wealth management or commercial context. Sarah’s cases often involve a multi-jurisdictional element along with a combination of trust, regulatory, fraud, contract, company and insolvency issues.  Sarah has particular experience of acting in substantial disputes between private investors and investment counterparties involving allegations of regulatory breaches, fraud and negligence.

Sarah also advises and acts in traditional Chancery matters including: personal and proprietary claims for breach of trust and/or fiduciary duty and consequential relief through the tracing process; applications for directions by trustees/executors involving issues arising in the construcion of trust instruments/wills, the provision of information by trustees/executors and Beddoe relief; claims for relief based upon constructive trusts and/or estoppels and claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Sarah also acts regularly for companies, debtors and office holders in insolvency proceedings in multi-jurisdictional disputes or in complex matters arising on winding-up and bankruptcy petitions, in relation to the proving process or in respect of the status of transactions preceding insolvency.  Sarah has particular experience of advising office holders appointed in the winding up of financial institutions or counterparties upon appropriate steps to be taken in circumstances where regulatory difficulties have arisen prior to the onset of insolvency.

Sarah has recently acted:

  • For trustees in a complex, long-running, heavy international matter involving accusations concerning the fraudulent dissipation of trust assets
  • For an operator of an investment scheme with substantial assets under management where regulatory breaches by former scheme promoters have been intimated
  • In a multi-jurisdictional matter for a high net worth investor caused substantial losses by the collapse of an Icelandic bank
  • For the estate of an investor caused multi-million pound losses as a result of being caught up in the Madoff fraud 
  • For BVI and Cayman based funds in a heavy dispute concerning hedge fund redemptions
  • For liquidators dealing with an insolvent company's former investors after it was wound up on the petition of the FSA
  • For a management receiver appointed by the Court over assets based both in the UK and abroad in criminal proceedings concerning counterfeit goods and money laundering

Areas of experience

+ Arbitration

In addition to her business disputes practice, Sarah has been involved in several large arbitrations.

  • Most recently she was instructed in large scale arbitration proceedings relating to an international commercial dispute between telecoms operators.
  • She has also been involved in a series of arbitrations between a number of international mobile telephone companies.
  • Econet Satellite Services Ltd v Vee Networks Ltd [2006] EWHC 1664 (Comm): a case concerning a conflict between UNCITRAL and ICC arbitration rules
+ Civil Fraud, Asset Tracing & Recovery

Sarah advises and acts regularly in matters involving allegations of fraud and/or misappropriation of trust assets. In a commercial context, Sarah is presently acting for an investor caused substantial losses in the wake of the collapse of an Icelandic bank where questions arise as to the conduct of parties associated with the bank. In a private client context, Sarah has extensive experience of acting for institutional, professional and lay trustees/fiduciaries or for beneficiaries in matters where the trustees/fiduciaries are accused of dealing with trust/estate property in breach of trust or fiduciary duty. She also acts regularly in matters in bankruptcy and company winding-up where proprietary claims are made in relation to property in the bankruptcy or winding-up. Sarah also advises and acts for office holders appointed in relation to property which is the subject of criminal proceedings.


+ Commercial Litigation

Work includes:

  • Acting (with Elspeth Talbot Rice QC) for an offshore corporate client in a claim for breach of a contract to entitling the Claimant to operate a holiday share club  
  • Acting (with Steven Moverley Smith QC, Philip Shepherd QC, Jessica Hughes and Bajul Shah) in several arbitrations relating to a commercial dispute between international mobile telephone networks
  • Acting (with Philip Shepherd QC and Jessica Hughes) in High Court proceedings in Econet Satellite Services Ltd v Vee Networks Ltd [2006] EWHC 1664 (Comm), a case concerning a conflict between UNCITRAL and ICC arbitration rules
  • Acting (with Francis Tregear QC) in Jordan Grand Prix v Tiger Telematics Inc LTL 31/1/2005, a dispute relating to a Formula 1 sponsorship deal
  • Acting for a charity in a dispute concerning the provision of IT services
  • Acting for surveyors and property managers in a dispute concerning commissions and other payments due under a contract
  • Acting for an estate agent in a claim for commission in respect of a hotel development project
  • Advising a majority shareholder in a dispute with former directors concerning breach of fiduciary duties and breach of confidence
+ Company

Work includes:

  • Acting (with Elspeth Talbot Rice QC) in a claim for a declaration that an allotment of shares was invalid
  • Advising a venture capital trust on a share capital reduction/scheme of arrangement
  • Advising a majority shareholder in a dispute with former directors concerning breach of fiduciary duties and breach of confidence
  • Acting for a Defendant asserting that property held in joint names was beneficially owned by the Defendant alone as a result of a former business partner’s failure to comply with an obligation to invest in the partnership
+ Banking and Financial Services

Sarah takes a particular interest in financial services and regulatory disputes. She has acted for a number of investors seeking redress for losses in the wake of the banking crisis in claims against financial institutions and investment counterparties.  She also has experience of advising and acting for liquidators of investment counterparties in liquidations of companies and LLPs where issues arise in relation to the company's/LLP's conduct prior to liquidation pursuant to the Financial Services and Markets Act 2000.  Sarah has acted for operators, investors and liquidators in claims involving allegations that investment vehicles are (or are not, as the case may be) collective investment schemes.

+ Hedge Funds & Structured Investment Vehicles

Sarah's financial services and regulatory work often involves disputes concerning investment in hedge funds or complex structured products.

+ Insolvency

Sarah is recommended by Legal 500 for insolvency.  Her work includes:

  • Acting for the successful Respondent in a case concerning a claim for a declaration that certain monies paid to the Respondent constituted a transaction at an undervalue: Langard v Sheldon - Lochore [2008] Unrep. (Paul Girolami QC)
  • Acting for a contributory in respect of an application for the rescission of a winding-up order so that the company can enter a CVA
  • Advice to a TIB as to whether a bankrupt wife has a beneficial interest in property registered in the name of her husband
  • Acting for a party domiciled overseas defending petition proceedings on the basis that the Court has no jurisdiction over the matter
  • Acting for administrators in respect of an application to the Court for discharge 
  • Advising a sole trader whose previous corporate venture was in liquidation on ‘Phoenix’ companies.
  • Acting in applications for the appointment of administrators and provisional liquidators
  • Acting in applications for validation orders
  • Acting in applications for the rescission of winding-up orders and annulment of bankruptcy orders
  • Acting for a TIB in an application to suspend discharge of the bankrupt
+ Partnership and Joint Ventures

Sarah advises regularly in matters arising in the establishment, operation and winding-up of partnerships. Sarah has particular experience of disputes where an LLP has been selected as an investment vehicle or as part of the structure of investment arrangements.

+ Professional Negligence

Sarah advises upon and acts in professional negligence cases with a connection to her other areas of practice. Sarah also acts regularly in matters where claims are intimated, or made, pursuant to s 150 of the Financial Services and Markets Act 2000.

+ Trusts, Probate & Estates

Work includes:

Common intention constructive trusts and proprietary estoppel:

  • Sarah has written and lectured on recent developments in this area. An article written with Alan Steinfeld QC: ‘When is what’s mine not mine? the Court’s developing jurisprudence in joint property cases’ appeared in the November 2008 edition of the ACTAPS Newsletter. 

Recent joint property cases include:

  • Advising on the beneficial ownership of an art collection
  • Acting for the Claimant in a claim for a declaration that jointly owned property is held on trust for the Claimant absolutely
  • Acting for a Claimant in a claim for a declaration that he is the owner of 50% of the beneficial interest in property held in his former partner’s name 
  • Acting for a Defendant asserting that property held in joint names was beneficially owned by the Defendant alone as a result of a former business partner’s failure to comply with an obligation to invest in the partnership
  • Acting for a Defendant owner of property resisting a claim by his father for a beneficial interest in the property
  • Advice to a TIB as to whether a bankrupt wife has a beneficial interest in property registered in the name of her husband

Other trusts and estate work:

  • Acting (with David Brownbill QC) in an international matter involving the fraudulent disposition of trust assets
  • Acting (with David Brownbill QC) in an international dispute involving allegations of sham trusts, dishonest assistance, knowing receipt and unlawful means conspiracy
  • Acting (with David Brownbill QC) in Re Mackinnon [2005] a Jersey case about sham trusts 
  • Acting for a court appointed personal representative in proceedings in a complex estate for an account by the beneficiaries of estate property that has come into their hands
  • Acting for a personal representative in an application for the construction of a will
  • Acting for various charitable beneficiaries in an application to replace a personal representative
  • Acting for the personal representatives in the compromise of a 1975 Act claim
  • Acting for third party accountants called upon to produce documents in a will dispute pursuant to CPR 31.17.
Full detail on selected areas will be included in the downloadable PDF.

Related events

Private Law Aspects of Regime Change
17 Nov 2011

Academic history

BA (Hons) Cambridge (English)

Scholar of Christ’s College

Diploma of Law, City University

Professional memberships

Chancery Bar Association
Bar of Eastern Caribbean Supreme Court (2003)

Talks and articles

Sarah has recently written and lectured on:

  • Regulatory and common law remedies available to private persons involved in disputes about investments
  • The regulatory regime relating to client money following the decisions in CRC Credit Fund Limited v GLG Investments PLC [2010] EWCA Civ 917 (2 August 2010) Lehman Brothers International (Europe) (In Administration) v CRC Credit Fund Limited and Ors [2009] EWHC 3228 (Ch)
  • Insolvent estates
  • Recent developments in the law relating to common intention constructive trust and proprietary estoppel
  • Disclosure of trust documents and information by trustees

Recommendations

Sarah is recommended for insolvency work by Legal 500. She is said to be a "fantastic barrister" and "approachable and highly professional".

Business details

VAT number: 858441204
Registered name: Sarah Joanne Emma Bayliss

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