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Clare Stanley QC

Call: 1994    QC: 2015

+44 (0)20 7306 0102cstanley@wilberforce.co.uk

Commercial

Recommended in commercial litigation and partnership.

Particular areas of expertise:

  • Asset tracing, especially through complex offshore structures involving foreign law
  • Banking and finance disputes
  • Civil Fraud litigation
  • Company & Partnership disputes
  • Commercial arbitration
  • Insolvency

Recommendations: 

  • “Very diligent and methodical, she is quite fearless and isn’t easily intimidated
    Chambers & Partners, 2018
  • Clare ..”is an expert in civil fraud and insolvency cases. She is a forceful advocate who is admired for her ability to identify the good and bad points in a case with objectivity”, Chambers & Partners, 2018

Recent cases:

  • In the Matter of China Agrotech (FSD 157 of 2017) (NSJ): acting for Hong Kong liquidators of a Cayman Islands incorporated company seeking recognition in Cayman of liquidators’ appointment for the purposes of proposing parallel schemes in Hong Kong and Cayman.
  • In the Matter of TCC International Holdings Limited (FSD 152 of 2017): Scheme of Arrangement; Hong Kong listed Cayman Islands company where two classes of shareholder (preference and ordinary). Question was whether there should be one shareholders’ meeting or two.
  • ITC v Ferster [2017] EWHC 217 (Ch): company law, breach of directors’ duties, excessive remuneration, accounting for profit, election between remedies, equitable compensation following AIB v Reddler.
  • St Vincent European Partner v Robinson and others (current): acting for main defendant in alleged €30 mill claim for breach of shares pledge, and fraud; reflective loss and role of tender in redemption of security.
  • American Leisure Group v Wright & others [2015] 2015 WL 3953014: jurisdiction dispute; statutory submission to the jurisdiction under CPR r. 11. Clare acted for the successful defendant in setting aside service of Claim Form out of the jurisdiction in a £100 m + claim.
  • Swiss Life v Kraus [2015] EWHC 2133 (QB): jurisdiction dispute; case concerns the threshold acts which are sufficient to amount to submission to the jurisdiction of a foreign court. Clare acts for the Claimant in this claim to enforce a New York judgment in the English court
  • Actial Farmaceutica Lda v De Simone [2015] EWCA Civ 1032: Clare acted for the successful respondent. The appeal concerned the circumstances in which the court will grant an injunction pending appeal in a case where the Court at first instance held it had no substantive jurisdiction over the dispute (a multi-jurisdictional conspiracy to defraud claim).
  • N v (1) S and (2) NCA [2015] (Burton J): series of injunctions requiring bank to operate a mandate in circumstances where bank had made suspicious activity reports to the National Crime Agency under POCA; Court’s jurisdiction to grant interim declarations protecting bank from criminal liability.
  • Westwood v Weyerhauser (settled) – Clare acted for an international law firm alleged to have participated in an unlawful means conspiracy to assist a client to defeat an arbitration award.

Other relevant cases:

  • Acting for defendants in company’s claim for breach of fiduciary duty and claim for secret profits
  • Acting for BVI shareholder in claim against Cayman company for breach of Articles of Association
  • Anti-suit injunction seeking to restrain proceedings in USA brought allegedly in breach of arbitration and exclusive jurisdiction clause
  • Advising shareholders in relation to claims against company for fraudulent misrepresentation
  • Advising redemption creditors re priority under Cayman companies legislation
  • Advising for foreign proceedings in high value fraud claim whether purchase of shares could be traced via ‘backwards tracing’ and a Quistclose trust
  • Acting for service provider in contractual dispute with an NHS Trust over levels of “savings” achieved and contractual mechanisms for calculating fees due
  • Acted for liquidator in a claim challenging the validity of a distribution agreement on the grounds that it was a forgery and/or infringed the pari passu rule (settled)
  • Acting for the defendant in a £120 million claim against hedge fund manager for breach of fiduciary duty (settled)
  • Acting for two former partners in a claim for an account in relation to post-dissolution profits made by the defendant using partnership assets