Clare Stanley QC

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