Jessica Brooke

Insolvency

Jessica is frequently instructed in corporate insolvency matters, both domestic and international. She is ranked as a leading junior in insolvency in both Chambers and Partners and the Legal 500, which state:

‘A star in the near future’

‘One of the best advocates around for heavy insolvency type matters’

‘She’s very thorough, responsive, considered and has a very good foundation of the legal principles and commercial grasp’

‘She’s capable, bright and gets among the issues.’

Her experience includes TUV claims, preferences, unlawful dividends, fraudulent and wrongful trading, disputed debts, validation orders, s.236 applications, Berkeley Applegate applications, administration applications, office-holder remuneration applications and urgent injunctions to restrain petitions and to rescind winding up orders. She is regularly instructed in misfeasance applications brought against company directors, acting for both liquidators and respondents, and she has substantial experience in dealing with cases involving allegations of fraud or dishonesty.

She is also regularly instructed to undertake personal insolvency work. Her experience extends to matters involving COMI disputes, applications for the annulment of bankruptcy orders, validation orders, s.366 applications, applications to suspend discharge from bankruptcy, income payment orders, applications to set aside statutory demands, insolvency administration orders in respect of the estates of deceased insolvents and applications for possession and sale where issues regarding beneficial ownership or the equity of exoneration arise.

Recent experience includes:

• Acting with Lexa Hilliard KC in an ongoing $54million fraud claim against an investment fund and its fund manager, including an application for the appointment of a provisional liquidator.
• Successfully acted for the respondents in winding-up proceedings issued in the Bahamas concerning the seizure of two luxury expedition cruise ships valued at US$200million, and allegations of serious fraud, dishonest assistance, knowing receipt and the misappropriation of US$10million.
• Acting for administrators in relation to fraud claims worth c.£127million and the tracing of a misappropriated Damien Hirst painting – following the collapse of a substantial real estate group. Sole counsel.
• Acting in ongoing proceedings involving multiple applications arising out of the collapse of the Wilton Group, a multi-jurisdictional financial services firm and pension fund, including asset claw-back applications against the group’s director. Sole counsel.
• Acting in an £80million administration for investors asserting trust claims against company assets which had been subject to substantial misappropriations by the company directors. Sole counsel.
• Successfully represented a liquidator in a 3-day misfeasance trial against a de facto director involving complex accounting issues. Sole counsel.
• Successfully represented a liquidator in a 3-day misfeasance trial involving difficult witness handling. Sole counsel.
• Acting with Marcia Shekerdemian KC in a c£6million dispute involving BVI and Isle of Man entities, asset tracing and allegations of fraud, breach of trust, unlawful means conspiracy, dishonest assistance and knowing receipt.
• Acting with Nikki Singla KC for the respondent in a £13million misfeasance claim involving allegations of breach of fiduciary duties and negligence.
• Advising a US creditor in respect of a £2.7million fraud claim against an English bankrupt involving jurisdictional issues and conflicts of laws. Sole counsel.
• Successfully represented a liquidator in a high value 2-day wrongful trading trial. Sole counsel.
• Advising respondents in a c.£6million misfeasance claim alleging breach of fiduciary duty arising out of the transfer of company funds into an EBT and the misappropriation of company assets. Sole counsel.
• Regularly acting for creditors and debtor companies in applications to restrain the presentation or advertisement of winding up petitions.
• Acting as sole counsel in a high value 5-day unfair prejudice trial involving complex share valuation issues regarding the back-dated value of a company which was insolvent at trial, issues which were decided in favour of her clients.
• Acting for company directors in respect of multimillion-pound misfeasance claims alleging the misappropriation of company assets and challenging reductions in intercompany debt and directors’ loan accounts, which settled before trial. Sole counsel.
• Successfully acting for a liquidator in a misfeasance trial challenging a purported reduction in share capital and seeking contributions in respect of unpaid shares. Sole counsel.
• Successfuly acting for a liquidator in a high-value civil fraud case involving unlawful means conspiracy, dishonest assistance, knowing receipt, deceit, unjust enrichment and the tracing of assets, including numerous s.236 applications. Sole counsel.
• Advising a liquidator in a high-profile insolvency in respect of a multimillion-pound claim against a related company in liquidation seeking payment for services rendered ranking as a liquidation expense. Sole counsel.
• Representing a respondent director in a high value misfeasance claim alleging the payment of unlawful dividends, preferences and transactions at an undervalue. The case settled before trial. Sole counsel.
• Acting as sole counsel in a hard-fought dispute regarding the COMI of a debtor, involving complex trust-structures, which settled before trial.
• Advising a failed bidder in the sale of the business and assets of a high-profile sports team in administration where the sale process had been unfair. Sole counsel.
• Advising a liquidator in respect of claims against a third-party recipient of company funds fraudulently misappropriated by the company director. The case involves knowing receipt, attribution of knowledge, want of authority, unjust enrichment and the tracing of assets. Sole counsel.
• Advising a liquidator regarding the disposal of assets potentially subject to claims under the Proceeds of Crime Act 2002.
• Advising administrators as to whether substantial adverse costs orders obtained against the company in litigation adopted by the administrators were accorded super-priority in the administration, or ranked as an administration expense. Sole counsel.
• Acting for a creditor in an urgent application for an interim receiver where there was an imminent risk of dissipation of the debtor’s assets. The matter was resolved before the final hearing. Sole counsel.
• IT Protect Ltd [2020] EWHC 2473: Successfully represented a liquidator in a two-day misfeasance trial against a director who had taken no active involvement in the running of the company. Sole counsel.
• Acting for a liquidator in a claim challenging substantial fees paid to a major consultancy firm on the basis that the payments did not fall within the terms of a validation order. The case settled before trial. Sole counsel.
• Advising a trustee in bankruptcy in relation to a charge executed by the bankrupt against his property where the charge was registered contrary to the terms of bankruptcy restrictions entered against the property’s title. Sole counsel.
• Lambert v Forest of Dean DC [2020] EWHC 2854: Successfully represented a respondent in an appeal which was opposed on the basis that the appellant had failed to remedy his lack of standing as a bankrupt to bring the appeal, and obtained an Extended Civil Restraint Order against the appellant. Sole counsel.
• Lambert v Forest of Dean DC [2019] EWHC 1763: Successfully defended an application to annul a bankruptcy order alleging defective service of the statutory demand and bankruptcy petition. The application was dismissed on the grounds that it was an abuse of process. Sole counsel.
• Advising a liquidator in a claim against a major bank challenging very substantial charges levied under an invoice discounting agreement. Sole counsel.
• Acting for the liquidators of a construction company pursuing a sub-contractor in a claim worth over £1.5million for defective works which led to the partial collapse of a building. Sole counsel.
• Advising a liquidator in a claim seeking to challenge dividends based upon interim accounts which were alleged to be inaccurate. Sole counsel.
• Advising administrators as to the recovery of their remuneration and administration expenses from fixed charge assets by way of a Berkeley Applegate-type order. Sole counsel.
• Representing a liquidator in a claim challenging payments made by the company to related companies purportedly for services rendered, which settled before trial. Sole counsel.
• Advising a liquidator as to whether a charge granted to a secured creditor over various asset classes was fixed or floating, whether the creditor could rely upon the doctrine of subrogation, and whether the creditor’s claim was defeated by set-off. Sole counsel.
• Advising administrators in respect of their liability for selling assets subject to chattel mortgages. Sole counsel.

Download Insolvency CV

Civil fraud and asset recovery

Jessica has extensive experience in civil fraud and asset recovery work, and is frequently in court both seeking and defending freezing and proprietary injunctions and other urgent injunctive relief and disclosure orders. She regularly acts in claims involving deceit, conspiracy, dishonest assistance, knowing receipt, misrepresentation and breach of fiduciary duty, both as sole and junior counsel.

• Instructed as sole counsel acting for a defendant in a multi-million pound 43-day trial involving claims alleging serious fraud and breach of directors’ duties. Settled shortly before trial.
• Instructed in commercial arbitration proceedings valued at several hundred millions of US dollars involving allegations of conspiracy, inducing breach of contract, misrepresentation, breach of director’s duties, dishonest assistance and knowing receipt.
• Successfully acted with James Bailey KC in Re Valorem Holdings Ltd[2024] EWHC 1737 (return date) [2023] EWHC 2625 (Ch) (ex parte hearing), a case involving a fraud claim issued by the company against its director and the ownership and control of a leading perfume brand and breaches of Russian trading sanctions. A passport order was obtained against the respondent along with an array of injunctive relief, stripping the respondent of his directorship of the company and preventing him from contacting customers or employees or approaching the company’s premises, and requiring him to hand over his mobile phone and laptop to be imaged. The order removing the respondent director from the board on an interim application is believed to be the first order of its kind made in England and Wales.
• Successfully acted as sole counsel for numerous claimants which operate a high-profile start-up investment business in a fraud claim against one of the claimants’ founders, where the claimants were awarded c.£6.5m at trial and the defendant was ordered to deliver up valuable shares in the US: Family Holdings Ltd v Ammar [2025] EWHC 445. The litigation was fought in numerous jurisdictions, and world-wide freezing injunctions were obtained in England and Cayman.
• Currently acting as sole counsel in ongoing contempt proceedings in The Family (Holdings) Ltd v Ammar alleging breach of a freezing injunction and disclosure orders and dishonest statements in affidavit evidence.
• Successfully acted as sole counsel in Knell v Van Loo [2023] EWHC 2109 and [2023] EWHC 2933, a 7-day High Court trial alleging the dishonest siphoning of company assets and opportunities by the respondents over several years. Jessica was successful both at the liability trial and the quantum hearing.
• Acting with Lexa Hilliard KC in an ongoing $54million fraud claim against an investment fund and its fund manager.
• Acting with Max Mallin KC in ongoing proceedings against sanctioned companies and individuals alleging conspiracy, dishonest assistance and harassment.
• Acting as sole counsel in obtaining ex parte wide-ranging prohibitory and mandatory injunctive relief in a claim alleging dishonesty, misappropriations and attempts to destroy the claimant company’s business against a de facto director, relief which was upheld and expanded upon at the contested return date.
• Acting as sole counsel for the claimant in Cayman proceedings alleging the expropriation of shares worth c.US$9.5million. Settled before trial.
• Representing an investor in £5million claims against a foreign exchange broker and a forex trader alleging fraud, unlawful means conspiracy and misrepresentation. Sole counsel.
• Acting in a high profile ongoing fraud claim between founders of a global news corporation involving asset stripping and litigation in the UK and the US. Sole counsel.
• Acting in a fraud and bribery claim involving a widely publicised police investigation and allegations that a briber paid kickbacks to agents in order to obtain contracts with their principal. Sole counsel.
• Acting with David Phillips KC in a multimillion-pound dispute involving allegations of fraud in the context of a joint venture agreement to develop a London hospital.
• Carter v OMI: Acting as junior counsel in a $15million dispute in respect of the mis-selling of investment bonds, involving issues in respect of breach of fiduciary duty, conflicts of law and the application of Turkish law.
• Pentera v OMI: Acting as junior counsel for a life assurance company in two connected $20million disputes in the Isle of Man, arising from the sale and operation of investment related life assurance policies and involving secret commissions, breach of fiduciary duty and the application of Russian law.
• Acting for a celebrity client as sole counsel in a civil fraud matter involving fraudulent misrepresentation and the piercing of the corporate veil.
• Successfully acting as sole counsel in a 5-day trial involving extensive cross-examination regarding allegations of dishonesty.
• Advising on claims in conversion, misrepresentation and breach of contract in respect of trademarked surgical sets and implants involving conflicts of laws issues. Sole counsel.
• Acting for investors in allegedly ‘green’ bonds in respect of on-going claims in deceit and misrepresentation. Sole counsel.

Download Civil fraud and asset recovery CV

Company law

Jessica is experienced in advising and appearing in a wide range of company matters, including unfair prejudice petitions, shareholder disputes, breach of directors’ duties, unlawful distributions, director disqualification proceedings, applications to restore companies to the register, applications to amend a company’s register of members and applications to extend time for the registration of company charges.

Jessica is also regularly instructed to act in high-value partnership disputes. Her experience includes disputes as to the extent of partnership shares, the beneficial ownership of assets, dissolution, the division of profits, breach of duties, the construction of partnership agreements and duties of disclosure.

Recent experience includes:

• Instructed as sole counsel acting for a defendant in a multimillion-pound 43-day trial involving an unfair prejudice petition and separate claims alleging serious fraud and breach of directors’ duties. Settled shortly before trial.
• Successfully acted with James Bailey KC in Re Valorem Holdings Ltd [2024] EWHC 1737 (return date) [2023] EWHC 2625 (Ch) (ex parte hearing),  a case involving a fraud claim issued by the company against its director and an unfair prejudice petition and the ownership and control of a leading perfume brand and breaches of Russian trading sanctions. A passport order was obtained against the respondent along with an array of injunctive relief, stripping the respondent of his directorship of the company and preventing him from contacting customers or employees, or approaching the company’s premises, and requiring him to hand over his mobile phone and laptop to be imaged.
• Successfully acted as sole counsel for the petitioners in Knell v Van Loo [2023] EWHC 2109 and [2023] EWHC 2933, a 7-day High Court trial of an unfair prejudice claim. The case involved complex share valuation issues arising from the siphoning of assets and opportunities by the respondents over several years. Jessica was successful both at the liability trial and the quantum hearing.
• Acting in a high value 5-day unfair prejudice trial involving complex share valuation issues regarding the back-dated value of a company which was insolvent at trial, issues which were decided in favour of her clients. Sole counsel.
• Successfully acting for a liquidator in a misfeasance trial challenging a purported reduction in share capital and seeking contributions in respect of unpaid shares. Sole counsel.
• Acting for the respondents in an unfair prejudice petition alleging serious breaches of fiduciary duty and the siphoning of business opportunities to a competitor. Sole counsel. Settled before trial.
• Acting as sole counsel for a defendant against leading counsel in a claim regarding a joint venture and anticipated share transfers in a Sri Lankan company, which settled before trial.
• Acting as sole counsel in a £10million partnership claim, which settled shortly before trial.
• Successfully acting for a former partner of an investment management LLP in opposing a summary judgment application relating to a claim seeking to claw back distributions. Sole counsel.
• Acting as junior counsel in a £9million partnership and trust dispute, which settled before trial.
• Advising a solicitors’ LLP in respect of a claim against a new member who had failed to provide full disclosure as to the risk of potential claims against him. Sole counsel.
• Advising in a partnership dispute involving allegations of long-term fraud and concealment and raising issues as to whether the partnership had been dissolved.
• Advising a society registered under the Co-operative and Community Benefit Societies Act 2014 in respect of actions taken by its executive committee at times when it was inquorate.

Download Company law CV