Elizabeth Houghton

Commercial disputes

Elizabeth has acted and advised in a wide range of commercial disputes and company matters. Her work often involves foreign clients, entities and assets. She is comfortable advising in complex cases and enjoys the challenge of commercial litigation. Many of Elizabeth’s recent cases include issues of asset-tracing and civil fraud.

Recent and notable cases include:

• Maximus v Maxbet. Acting for the claimants in a high-value dispute and related litigation (led by Paul McGrath KC, leading Francesca Mitchell) in which it was alleged that the sale of a gambling business was procured by fraudulent misrepresentation and liable to be rescinded, alternatively that there had been a breach of contractual warranties relating to the ultimate beneficial owner.
• Asturion Foundation v Aljawharah Bint Ibrahim Abdulaziz Alibrahim. Acted for the defendant in a dispute over who is entitled to a multimillion-pound property on “Billionaire’s Row” in North London. The claim raises multiple questions of Liechtenstein, English and Shari’a Law.
• Acted for a large bank defending proceedings for dishonest assistance brought by a former customer relating to the fraudulent transfer of assets out of its bank account.
• Akhmedova v Akhmedov [2019] EWHC 1705 (Fam), led by Tim Penny KC. Instructed in an application seeking further freezing order relief on notice to prevent assets being removed from Dubai in support of the applicant’s financial relief award of approximately £500 million in the Family Division. Mrs Justice Knowles accepted that there was a good arguable case that individual directors of the corporate director respondent were to be treated as ‘de facto’ directors of the respondent.
• Acting for the investigations committee of a company to prepare a confidential report on wide-ranging corporate governance issues and whistle-blowing allegations, led by Terence Mowschenson KC.
• Assisting local counsel in the Privy Council appeal of AWF Fund v ZCM Asset Holding (Bahamas) [2019] UKOC 37, led by Lexa Hilliard KC. The appeal concerned the extra-territorial application of the Bahamian insolvency legislation, and the jurisdictional gateway for service out of the jurisdiction.
• Advising a company on the enforceability of an arbitration award on the basis of illegality, led by Alan Gourgey KC.
• Re Bangladeshi Medical Association in the UK Ltd. Appearing as sole counsel in a dispute over corporate control of an association.
• Loosemore v Apsley Assets. Appearing as sole counsel in a successful claim to have a £3.75 million gift set aside on the ground of mistake.
• Appearing as sole counsel seeking orders under ss 125 and 306 Companies Act for the Court to call a meeting and rectify the company’s share register.
• Acting for a litigation funder, led by Marcia Shekerdemian KC, in complex and multi-party fraud proceedings involving competing proprietary and tracing claims.
• Acting for the successful defendant in a fraud, misrepresentation, breach of fiduciary duty and breach of contract claim relating to a failed Moroccan property venture, led by Stuart Isaacs KC and Nicholas Cherryman: Baturina v Chistyakov [2017] EWHC 1049 (Comm).
• Acting for the Financial Reporting Council, led by Javan Herberg KC and Nicholas Medcroft KC, in disciplinary proceedings for misconduct against PricewaterhouseCoopers LLP and a senior audit partner relating to the former Connaught group: Executive Counsel to the FRC v PwC and Harrison.

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Insolvency

Elizabeth frequently appears in contested winding up and bankruptcy petitions, and in associated insolvency applications. She is also often instructed in related applications such as seeking charging orders and orders for sale.

Recent cases include:

• Appearing as sole counsel in protracted joint bankruptcy petitions, involving allegations that multiple judgment debts were obtained by fraud.
• Appearing as sole counsel in a disputed winding up petition, including resisting urgent applications for validation orders in the High Court.
• Assisting local counsel in the Privy Council appeal of AWF Fund v ZCM Asset Holding (Bahamas) [2019] UKOC 37, led by Lexa Hilliard KC. The appeal concerned the extra-territorial application of the Bahamian insolvency legislation, and the jurisdictional gateway for service out of the jurisdiction.
• Advising a Russian trustee in bankruptcy on bringing proceedings relating to properties in England, led by Alan Gourgey KC.
• Acting for a litigation funder, led by Marcia Shekerdemian KC, in a complex and multi-party fraud proceedings involving complex proprietary and tracing claims.
• Appearing on behalf of joint administrators seeking an extension of the administration.

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Professional liability

Elizabeth acts in a wide range of professional liability matters, including claims against solicitors, auditors and other professionals.

Recent cases include:

• Acted for a large bank defending proceedings for negligence brought by a former customer relating to the fraudulent transfer of assets out of its bank account.
• Advising a claimant in a claim against their former solicitors relating to a property fraud.
• Acting for a claimant in relation to the negligent drafting of a will under which they were a beneficiary.
• Acting for the Financial Reporting Council, led by Javan Herberg KC and Nicholas Medcroft KC, in disciplinary proceedings for misconduct against PricewaterhouseCoopers LLP and a senior audit partner relating to the former Connaught group: Executive Counsel to the FRC v PwC and Harrison.

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