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TIFFANY SCOTT QC

Call: 1998    QC: 2018

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

Commercial

Tiffany has been recommended in this field by Chambers & Partners and Chambers Global for many years as a silk with a depth of experience in commercial chancery matters. The 2021/2022 directories state that she is noted for her calm and confident client management and practical approach to advisory matters. “She is really strategic and has an eye for the detail. Her communication skills are great and she puts clients at ease. She is very knowledgeable and a pleasure to deal with.” She is “Impressive, pragmatic and very commercial” who “gives really succinct, direct, practical advice and is obviously extremely intelligent and very good legally. What really impresses is how she rolls her sleeves up and dives into the case”.  “Her ability to tap into the details of a case at a moment’s thought is what sets her apart from other counsel in this area.”

Earlier editions describe her as “ fierce when you need her to be fierce, she is just brilliant in Court and her legal mind is incredible. She is very direct and matter of fact and has a good presence in the Court room”, is “very assured, highly realistic and someone who can manage client expectations in difficult circumstances” (2019); she “has an impressive intellect, and is approachable and client-friendly. Sensible, pragmatic and efficient, she is calm and collected when on her feet” but is also well capable of being “a ferocious litigator cross-examiner” (2018); “extremely good at handling appeals and a good draftswoman” (2017); a “seasoned commercial chancery litigator” who is “very calm and methodical … her manner inspires confidence even in adverse circumstances. She is a brilliant, self-assured advocate who is a real asset to any team”.

She has experience in ‘business’ litigation of all kinds, often with an international element, including civil fraud and asset recovery, fund and partnership disputes, shareholder disputes, including s994 petitions, claims against fiduciaries, and claims arising out of insolvency.

She undertakes a variety of cases with a financial services element including claims arising out of poor investment advice or mis-selling, professional negligence claims in the financial services field and other related actions (such as actions by trustees or against pension providers) requiring analysis of the performance of investments for the purpose of assessing damages.

She has experience dealing with claims requiring consideration of the Financial Services and Markets Act 2000 and the Conduct of Business Rules and she has also, over the years, dealt with claims involving previous regulatory regimes including the rules of FIMBRA, the Personal Investment Authority, and LAUTRO.

2021 cases include:

  • Invest Bank PSC v El-Husseini & Ors (2021) – acting for Swiss trustees of a family trust in ongoing proceedings brought by a UAE bank seeking freezing and disclosure orders to enforce judgments obtained in the UAE and in support of Canadian proceedings pursuant to 25 Civil Jurisdiction and Judgments Act 1982 and under the Chabra jurisdiction; and seeking to challenge transfers of assets worth £19 million on the grounds of retention of beneficial ownership and as transactions defrauding creditors under s.423 of the Insolvency Act 1986. A jurisdiction challenge is to be heard in February 2022.
  • Settle Safe Ltd v Eurofunding Ltd & Anr (2021) – acting for a Canadian online payment services provider in ongoing claim against a payment processor for fraudulently disposing of €3.8 million of merchant funds, involving dishonest assistance in a breach of trust, procuring breach of contract and unlawful means Obtained interim and final proprietary and freezing injunctions and disclosure orders. Contempt application to be heard in March 2022.
  • Foglia v The Family Officer Ltd & Ors [2021] EWHC 650 (Comm) – acting for defendants in proceedings for knowing receipt, dishonest assistance and unjust enrichment following misappropriation of €15 million from Cayman bank account held by an Italian fiduciary nominee Interim proprietary and freezing injunctions and disclosure orders under CPR 25.1(1)(g) and Norwich Pharmacal jurisdiction obtained by claimant, followed by summary judgment and post-judgment freezing orders.
  • Latchworth Ltd v HSBC Bank PLC (2021) – acting for HSBC in ongoing proceedings alleging dishonest assistance in a breach of trust and negligence following misappropriation of €11.5 million of trust assets by a customer of the bank.
  • Advising a lender as to liability for procuring a breach of contract and unlawful means conspiracy arising from implementation of a proposal to remove valuable assets from an operational company upon the disposal of a well-known London hotel.
  • Acting for a partner in a farming partnership in proceedings seeking declarations as to the existence of a partnership at will and its dissolution and the winding up of the partnership with taking of necessary accounts, and an interim payment.
  • Advising as to the interpretation of a joint venture agreement relating to the exploitation of a site in Kent and as to termination of the venture.

Earlier cases include:

  • Amarenco Solar Ltd v Sustainable Development Capital – providing an opinion to the Irish Court in proceedings for an injunction to restrain a winding up petition, including whether the defendant had substantial grounds to dispute a debt arising under an agreement for the provision of corporate finance services in connection with a renewable energy development project.
  • Advising various LLPs in connection with the operation of film finance agreements and as to obtaining an injunction against various banks to prevent payment out of monies that would trigger catastrophic multi-million pound tax liabilities.
  • Advising as to the proposed sale of a major London hotel chain and pre-sale restructuring of its substantial property portfolio.
  • Advising and representing minority shareholders in a dispute in relation to the management of two well-known London restaurants.
  • Ahmad v Owadally – acting for parties to a joint venture in appeal against decisions reached on the taking of an account of profits, including issues of whether money found to have been the proceeds of crime should be brought into account.
  • Andusia Recovered Fuels Ltd v GBN Services Ltd – claim for damages for non-delivery of recovered fuels, arising out of the closure of a European processing plant alleged to engage force majeure provisions in the contract.
  • Michel v Michel – acting for the majority shareholders in an unfair prejudice petition relating to a family- run cosmetics manufacturing company and its Chinese operations.
  • Acting for the majority shareholders in an unfair prejudice petition relating to a well- known restaurant-owning company combined with proceedings seeking specific performance of buy-out provisions in a shareholders’ agreement, alleging breach of a good faith provision.
  • Luitpold Immobilienverwaltung v Huber & Grothe –acting for claimant in proceedings against judgment debtors to provide information about their assets, successfully seeking committal.
  • Advising a major insurance company as to issues relating to its equity release portfolio.
  • Acting in an arbitration for a property developer in a joint venture dispute with a landowner relating to the development of an estate of houses involving complex questions of agency and authority.
  • Axle Holdings v Letter – a claim for fraudulent misrepresentation and breach of warranty against the vendors of shares in a luxury vehicle company with a sale price of $52 million.
  • Investec Bank (Channel Islands) Ltd v Kamyab – acting for the bank in a claim to recover millions of pounds secured against various properties, where the defendant alleged that the properties had been put into trust.
  • Vocational Health Services v BMI Healthcare – a claim by a consortium of doctors against a major healthcare provider in relation to a failed joint venture, alleging conspiracy.
  • Garrard v Salter – a dispute arising out of a joint venture/partnership establishing a venture capital business.
  • Taylor v Peacock Financial Management – representing a financial services provider in negligence proceedings in relation to trust investments.
  • Advising a former director/shareholder as to the negligent drafting of an agreement for his exit from the company.
  • Advising in relation to the breakdown of a joint venture to establish a company providing procurement solutions for the construction industry.
  • Advising in a multi-jurisdictional dispute between high net worth individuals as to joint venture and loan agreements relating to the purchase, refurbishment and subsequent operation of a floating oil storage off-loading vessel in Thailand.
  • Acting for Flavio Briatore in claim brought by Italian fashion designer regarding alleged joint venture to establish a worldwide fashion couture business under the ‘Billionaire’ trademark.
  • Acting for Vivian Imerman in a high-profile dispute with Robert Tchenguiz regarding the breakdown of a joint venture for purchasing and operating Whyte & Mackay, involving allegations of breach of fiduciary duty, breach of directors’ duties, dishonesty, taking of secret profits and unjust enrichment.