Practice overview

Clare was awarded ‘Chancery Silk of the Year’ at the Chambers & Partners UK Bar Awards 2022, and was also nominated in the same category at The Legal 500 Awards 2022.

Clare’s practice focuses heavily on three key areas: commercial / business disputes, professional liability, and private client/trust litigation.

Clare is usually instructed in highly contentious and often hostile disputes, and provides advice across the range of areas in which she practices, helping clients to achieve their commercial aims without the need to prolong litigation.

Praised for her written and oral advocacy, she is often involved in actions brought onshore and offshore in litigation involving claims for breach of trust and fiduciary duty, cross-border insolvency and major fraud cases.

Commercial disputes

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

Recommended in the Directories as a Leading Silk for:

  • Company (The Legal 500)
  • Commercial Litigation (The Legal 500)
  • Offshore (The Legal 500 and Chambers & Partners)
  • Insolvency (The Legal 500)
  • Chancery: Commercial (Chambers & Partners)
  • Civil Fraud (The Legal 500 and Who’s Who Legal)

What the Directories say:

Her advocacy is exceptional – you won’t find better in terms of pitching the case in exactly the right way to the court’ (The Legal 500, 2023, Commercial Litigation)

‘Clare has an exceptional grasp of the facts, is tactically excellent and fantastic with clients – putting them at ease and instilling confidence through her hard-hitting advocacy.’ (The Legal 500, 2023, Civil Fraud)

Her tactical and thorough approach is a massive asset and her judgment is spot on.’ (The Legal 500, 2023, Company)

Clare’s grip of what the court will ultimately be interested and how to make the most of it in her client’s favour is very impressive.’ (The Legal 500, 2023, Insolvency)

‘Clare is a calm presence in contentious litigation – her clarity of thought, clear direction, impressive responsiveness, generous accessibility, and enormously fun personality make her an absolute pleasure to deal with. Her advocacy is clear, forceful, and convincing.’ (The Legal 500, 2023, The English Bar Offshore)

‘A steely performer whose advice is characterised by great clarity. She is a very pleasant advocate who is easy to deal with.’ (Chambers & Partners UK Bar, 2023, Chancery Commercial)

‘She is a very forceful advocate and a firm opponent.’ and ‘She is incredibly confident and robust in her approach. She fills those around her with confidence.’ (Chambers & Partners UK Bar, 2023, Offshore)

‘Clare is technically brilliant, really easy to work with and great on her feet.’ (The Legal 500, 2022, Commercial Litigation)

An outstanding and well-liked practitioner who cuts to the chase quickly and always gives exemplary advice.’ (The Legal 500, 2022, Civil Fraud)

‘Clare has a real ability to cut through the detail and identify the heart of the issues before proposing simply distilled and clear counter-arguments and solutions’ (The Legal 500, 2022, Insolvency)

‘Unflappable and has brilliant knowledge and experience of the law and the court process generally. She has pretty fearsome cross-examination skills and is a very good tactician’ (Chambers & Partners UK Bar, 2022, Chancery: Commercial)

‘She is outstandingly good, has terrific insights and is also very user-friendly.’ ‘She’s really excellent in both her written submission and oral submissions’ (Chambers & Partners UK Bar, 2022, Offshore)

Recent cases:

  • Kuwait Ports Authority v Port Link GP Ltd and others (current) – US$100 million claim for breach of fiduciary duty, knowing receipt, dishonest assistance and conspiracy in relation to an exempted limited partnership. Security for costs, partnership accounts, derivative actions.
  • Mitchell v Al Jaber (2023) – alleged US$3.5 billion claim against directors for breach of fiduciary duty and conspiracy in relation to assets of a BVI company in liquidation. See Al Jaber v Mitchell [2022] Ch 212 on an appeal to the Court of Appeal on the issue of immunity from suit in connection with examinations under s. 236 Insolvency Act 1986, in which Clare acted for the successful appellant.
  • East West Bank v Gusinksi (2023) –a conspiracy claim alleging a combination to avoid paying debts by misusing insolvency procedures in various jurisdictions to prevent the bank from enforcing against the assets of various companies in a group. Reported on an interim application at which Clare acted for the successful party East West Bank v Gusinski [2022] EWHC 3056 (Ch).
  • Re a company (2023) – acting in a double derivative claim and related unfair prejudice petition.
  • In the matter of Avivo Group (FSD 145 of 2022 (RPJ)), 16 December 2022, Grand Court of the Cayman Islands. One of the first reported decisions on the test that the court should apply when deciding whether to appoint inspectors to examine into the affairs of a company and report to the Court. Clare acted for the successful respondent.
  • In the Matter of Olalekan Akinyanmi v Lekoil Ltd (FSD 382 of 2021 (IKJ)), 14 March 2022, Grand Court of the Cayman Islands. Successful application to discharge ex parte injunction restraining company from issuing shares. Sufficiency of evidence as to plaintiff’s ability to comply with cross undertaking, and application of the English rule of practice that all material shown to the Court cannot be withheld from the respondent.
  • BDO Cayman Ltd. and BDO Trinity Ltd. v Ardent Harmony Fund Inc. (In Official Liquidation) (FSD 74 of 2020 (MRHJ)), 19 November 2020. Clare acted for the successful respondent in resisting an application to commence proceedings against a company in liquidation and to lift the statutory moratorium. Indemnity costs also awarded.

Download Commercial disputes CV

  • Quote symbolClare is … unruffled in the darkest of storms. She is the most responsive and committed silk I've ever instructed, and her ability to work seamlessly with solicitors really stands out.

    Chambers & Partners 2024

  • Quote symbolA lawyer with a commercial mind, who has in-depth knowledge of the law like I have never seen before.

    Chambers & Partners 2024

  • Quote symbolClare is a brilliant advocate, who excels at building a rapport with the bench and adapting on her feet as a case develops. She is extremely impressive in cross-examination.

    The Legal 500 2024

  • Quote symbolClare is an outstanding advocate. She is always meticulously prepared in court, delivers punchy submissions and searching cross-examination.

    The Legal 500 2024

  • Quote symbolA no-nonsense, go get 'em type of advocate, who impresses with her trial craft.

    Chambers & Partners 2024

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    Events / Webinars

    Wilberforce Cayman Conference 2023

    Thursday 14th September 2023 | 3.45pm - 6.55pm followed by a dinner buffet
    Kimpton Seafire Resort

    Free to attend | 2.25 CPD

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    External Conferences

    Informa’s Asset Recovery Asia Conference

    Tuesday 23rd May 2023 | 2.30pm - 3.10pm
    The Westin Kuala Lumpur

    Speakers:
    Clare Stanley KC

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    Recent Cases

    Permission to appeal in Mitchell v Al Jaber [2023] EWHC 364 (Ch)

    Company law, Commercial disputes, International / offshore

    Clare Stanley KC | Jia Wei Lee | Lemuel Lucan-Wilson
    Wednesday 5 April 2023

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    News

    Jonathan Seitler KC and Clare Stanley KC win at Chambers Bar Awards 2022

    We are absolutely delighted to have picked up two awards at last night’s Chambers UK Bar Awards 2022. Jonathan Seitler KC won ‘Real Estate Silk of the Year‘! Clare Stanley KC won ‘Chancery Silk of the Year‘! A huge thank you to... Read more

    Friday 18 November 2022

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Professional liability

Clare specialises in professional liability claims against solicitors, accountants, brokers, directors and trustees.

  • Accountants: negligent tax advice, negligent valuations.
  • Directors: negligence, breach of fiduciary duty cases, fraud claims, tracing claims.
  • Investment professionals: negligence, breach of fiduciary duty cases, fraud claims, tracing claims.
  • Property professionals: negligent valuations.
  • Solicitors: negligence claims, and also fraud and trust claims against solicitors.
  • Trustees and fiduciaries: acts for beneficiaries, third-parties, trustees in claims for negligence, breach of fiduciary duty cases, fraud, constructive trusteeship and asset tracing.

What the Directories say:

‘Fantastic attention to detail, real persistence in getting to the heart of a matter, tenacious and meticulous advocate. Extremely user friendly and popular with clients. Extremely responsive and genuinely cares about the outcome of a matter.’ (The Legal 500, 2023, Professional Negligence)

‘Clare is a pleasure to deal with and is very popular with clients. She is brilliant on her feet and has a calm, no-nonsense approach.’ (Chambers & Partners UK Bar, 2023, Professional Negligence)

“She is a go-to barrister for any professional negligence case with chancery issues.’; ‘Very approachable and personable, she gives good strategic advice that looks at all the commercial aspects and not just the law.’; ‘Great at assessing the strengths and weaknesses of difficult and complex cases. Very impressive grasp of the detail and the ability to distil it down.’ (Chambers & Partners UK Bar, 2022, Professional Negligence)

‘Clare is a total star. She is a fierce cross-examiner, super-smart, hard working and gets to the key issues instantly. She can quickly break down the most complicated of cases into comprehensible parts.’ (The Legal 500, 2022, Professional Negligence)

‘Her grasp of the law is phenomenal, and she has immense knowledge which is so wide-ranging. Fantastic in court, very persuasive, and knows how to get the judge on side.’ (Chambers & Partners UK Bar, 2021, Professional Negligence)

‘Clare is superb; she reads everything, understands all the nuances and gives clear pragmatic advice on the law (of which she has an exceptional grasp) and commercial considerations. Extremely client friendly and to top it off, fantastic advocacy skills.’ (The Legal 500, 2021, Professional Negligence)

‘Superb, a delight to work with. She is very clever and is great with clients.” “She’s very precise and incisive in the way she goes about things.’ (Chambers & Partners, UK Bar, 2020, Professional Negligence)

Recent cases (where parties are confidential, names have been anonymised):

  • X Ltd v A firm of accountants – acting for claimant company in a negligence claim against its auditors for negligently failing to notify the directors of a massive fraud being perpetrated by third-parties. Claim raised issues of illegality, attribution, and ‘wilful default’.
  • The Trustees of the A fund v A (a firm): acting for the trustees of a high value Guernsey trust suing well known private client firm of solicitors for negligent drafting of a trust instrument.
  • Mrs X v B (a firm): acting for West End firm of solicitors in relation to allegedly negligent tax planning and restructuring work done in connection with a number of offshore structures.
  • C & D v E (a firm): acting for well-known private client firm defending a claim that they gave negligent tax planning advice in relation to setting up of a disabled person’s trust.
  • advising solicitors in a threatened claim by non-clients arising out of the solicitors acting for another party in litigation.
  • advising solicitors in a claim that they had received money from non-clients on trust for the non-client, and paid it out in breach of trust.

Download Professional liability CV

  • Quote symbolClare is … unruffled in the darkest of storms. She is the most responsive and committed silk I've ever instructed, and her ability to work seamlessly with solicitors really stands out.

    Chambers & Partners 2024

  • Quote symbolA lawyer with a commercial mind, who has in-depth knowledge of the law like I have never seen before.

    Chambers & Partners 2024

  • Quote symbolClare is a brilliant advocate, who excels at building a rapport with the bench and adapting on her feet as a case develops. She is extremely impressive in cross-examination.

    The Legal 500 2024

  • Quote symbolClare is an outstanding advocate. She is always meticulously prepared in court, delivers punchy submissions and searching cross-examination.

    The Legal 500 2024

  • Quote symbolA no-nonsense, go get 'em type of advocate, who impresses with her trial craft.

    Chambers & Partners 2024

Professional liability insights & events View all thought leadership View all events

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    Events / Webinars

    WATCH: Breach of fiduciary duty claims against professionals – why are they so rarely pleaded?

    Monday 7 June 2021 | 11am - 12pm
    Online, Zoom

    1.0 CPD

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    Events / Webinars

    Wilberforce Professional Liability Conference 2020

    Thursday 13 February 2020
    One Moorgate Place, Chartered Accountants' Hall, London EC2R 6EA

    £75 + VAT | 3.0 CPD

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    Events / Webinars

    Professional Liability Conference: Unravelling the Causation Knot

    Wednesday 31 January 2018 | 8:30am -1.10pm followed by lunch and refreshments
    The Brewery, 52 Chiswell St, London EC1Y 4SD

    £75 + VAT | 3.5 CPD

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    Events / Webinars

    Professional Liability Conference

    Monday 23 November 2015 | 8.45am - 1.00pm (registration from 8.15am)
    Double Tree Hilton - Tower of London, 7 Pepys StreetLondonEC3N 4AF

    £75 + VAT | 3.0 CPD

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Trusts, probate and estates: contentious

Particular areas of expertise:

  • Contentious trust litigation between beneficiaries and trustees, and claims by third-parties.
  • Disputes involving wills, estates and family provision.
  • International cross-border trust litigation.
  • Trust arbitration
  • Court of Protection

Recommended in the Directories as a Leading Silk for:

  • Chancery Traditional (Band 1 – Chambers & Partners)
  • Trusts (Band 1 – Chambers & Partners)
  • Private Client: Trusts and Probate (Tier 1 – The Legal 500)
  • Offshore (Tier 1 – The Legal 500)
  • Private Client (‘Among the highest-ranked barristers’ – Who’s Who Legal)

What the Directories say:

‘Clare is a titan when it comes to complex litigation. She is very bright and commands the respect of judges.’ And ‘Clare is the go-to silk for trusts litigation. A clear expert and a superb advocate, who is loved by clients.’ (Chambers & Partners UK Bar, 2023, Trusts – ranked Band 1)

‘Her ability to cut to the chase on offshore trust matters is her particular skill.’ And ‘She is a very forceful advocate and a firm opponent.’ And ‘She is incredibly confident and robust in her approach. She fills those around her with confidence.’ (Chambers & Partners UK Bar, 2023, Offshore)

‘Clare is a formidable advocate. Her preparation is as thorough as it is possible to be, and her oral presentation is both forceful and compelling.’ (The Legal 500, 2023, Private Client: Trusts and Probate – ranked Tier 1)

‘Clare is a calm presence in contentious litigation – her clarity of thought, clear direction, impressive responsiveness, generous accessibility, and enormously fun personality make her an absolute pleasure to deal with. Her advocacy is clear, forceful, and convincing.’ (The Legal 500, 2023, Offshore – ranked Tier 1)

‘Clare is a pleasure to deal with and is very popular with clients. She is brilliant on her feet and has a calm approach. She knows trusts law back to front but also has a very strong strategic vision’ (Chambers & Partners UK Bar, 2023, Chancery: Traditional – ranked Band 1)

‘Great on her feet and quickly gets a sense of where the judge is heading. Clare is excellent with clients and always has a fresh strategic perspective to offer. She is completely across the finer points of trusts law and never loses sight of the clients’ broader aims. She is a pleasure to work with and delivers excellent results.’ (Chambers & Partners UK Bar, 2022, Chancery: Traditional)

‘She is outstandingly good, has terrific insights and is also very user-friendly.’ And ‘She’s really excellent in both her written submission and oral submissions’ (Chambers & Partners UK Bar, 2022, Offshore)

A skilled advocate who builds great relationships with clients. Clare combines a down to earth approach with an encyclopaedic and authoritative knowledge of trusts law. She is thoroughly across the detail yet maintains a clear strategic focus and is completely committed to pursuing the best result for the client.’ (The Legal 500, 2022, Private Client: Trusts & Probate)

‘A highly skilled and utterly fearless advocate, and a first choice for representation in any contentious trusts or estate situation.’ (The Legal 500, 2022, Offshore)

Recent cases (where parties are confidential, names have been anonymized):

  • Halabi v Equity Trust [2022] UKPC 36. Acted for the successful Jersey appellant in what is now the leading case on distribution of trust assets in an insolvent trust. Trustee’s lien, priorities between former and present trustee in relation to claims for exoneration and reimbursement.
  • In the estate of Reginald Bond (current). Acting for two of the beneficiaries of a valuable estate defending a claim that their father lacked capacity to make his will and/or that he did not know and approve its contents.
  • Re the Estate of S (2022). Advising executor of a high value estate in relation to the proving of a copy codicil which incorporated the terms of an (invalid) will by reference. Presumption of revocation where the original will cannot be found.
  • Equity Trust v Velarde [2021] EWHC 1528 (Ch). Acting for trustees of an Isle of Man trust in construction application for a determination as to whether a provision in the will of the life tenant was the exercise of the power of appointment under the trust in favour of all three of her children.
  • Re X Trusts (2021) advising trustees as to the role of a protector in the context of a trustee’s application for blessing.
  • PTNZ v AS [2020] EWHC 3114 (Ch). Dispute about very valuable English law trusts with Jersey trustees. Dispute about the construction of the trust instrument and whether a new protector had been validly appointed. Also considers the role of the protector in that case (who had wide veto and consent powers)
  • Ali v Taj [2020] EWHC 213 (Fam): power of the Probate Registrar to order executors to file an inventory and account of the administration of an estate under the Administration of Justice Act 1925 s.25.
  • Re LG and others (2020): acting for trustees of two English trusts which together held a majority shareholding in a privately owned trading company, seeking court blessing for a sale of all of the trusts’ shares to a third-party.
  • Re E Trust (2020): acting for complaining beneficiaries of an English trust which holds property portfolio through a corporate structure; momentous decision of trustees to appoint some of trust assets to the other beneficiaries, and thereafter to exclude them from benefiting.
  • Y v C (2020): acting for beneficiaries in a 1975 Act claim by the Deceased’s former partner claiming share of a high value estate which comprised illiquid non-majority shareholding in a family company. Executors did not remain neutral and were ordered to pay the claimant’s costs.

Download Trusts, probate and estates: contentious CV

  • Quote symbolClare is … unruffled in the darkest of storms. She is the most responsive and committed silk I've ever instructed, and her ability to work seamlessly with solicitors really stands out.

    Chambers & Partners 2024

  • Quote symbolClare is an excellent advocate, who is an expert in all things trust related. Clients love her.

    Chambers & Partners 2024

  • Quote symbolA lawyer with a commercial mind, who has in-depth knowledge of the law like I have never seen before.

    Chambers & Partners 2024

  • Quote symbolClare is the go-to silk for trusts litigation. A clear expert and a superb advocate, who is loved by clients.

    Chambers & Partners 2023

  • Quote symbolShe knows trusts law back to front but also has a very strong strategic vision.

    Chambers & Partners 2023

Trusts, probate and estates: contentious insights & events View all thought leadership View all events

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    Events / Webinars

    Wilberforce Trusts Litigation Day 2024

    Monday 29th January 2024 | 9am - 5.35pm, followed by drinks and dinner
    InterContinental Park Lane, London

    £299 - £360 + VAT | 5.5 CPD

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    External Conferences

    Cambridge University Trusts Law Committee Seminar: The implications of Equity Trust (Jersey) Ltd v Halabi

    Thursday 18th January 2024
    UCL, London

    Speakers:
    Clare Stanley KC

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    External Conferences

    STEP Cayman Islands Lunchtime Seminar

    Friday 15th September 2023 | 12pm - 2pm, followed by lunch
    George Town Yatch Club (upstairs), 612B North South Road, Grand Cayman KY1 1010

    CI$35 - STEP Members & Students; CI$50 - Non-Members

    Speakers:
    Fenner Moeran KC | Clare Stanley KC

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    Events / Webinars

    Wilberforce Cayman Conference 2023

    Thursday 14th September 2023 | 3.45pm - 6.55pm followed by a dinner buffet
    Kimpton Seafire Resort

    Free to attend | 2.25 CPD

    View more

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Clare's Details

BSB/VAT information

Registered name: Miss Clare Fiona Louise Stanley KC
VAT number: 662785793

Privacy Notice pdf

Qualifications and Appointments

  • BA Hons (Cantab) (Law Tripos, Downing College)
  • BEc (University of Adelaide, Australia)

Memberships

  • Chancery Bar Association
  • COMBAR Publications
  • INSOL

Publications

  • “Vulnerable gifts made by vulnerable people”, (2017) Trusts & Trustees 23(5): 542–557
  • “Facing the consequences”, (2015) T.E.L. & T.J., 171(Nov), 11-15
  • “A question of trust: the Quistclose trust – clarity at last” (2015) 8(3) C.R. & I. 106-109
  • “Laches and limitation” (2014) Trusts & Trustees 20 (9): 958-965
  • “The personal liability of directors to third parties and shareholders”, Trusts & Trustees 2013 19(5) 388- 429
  • “Traps for the unwary: the pitfalls of ad hoc arbitration”(2012) Trusts & Trustees 18 332-340
  • “Fraud – Running the Risk”, (2009) Solicitor’s Journal, 8 September
  • “Hedge Funds – Can investors recover their losses?”, (2008) Practical Law Company, December
  • Former joint editor Glasson’s International Trust Laws

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