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Call: 1998    QC: 2018

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Civil Fraud

Tiffany’s practice encompasses a range of complex civil fraud proceedings and asset recovery litigation, often with an international element, in which she can bring to bear her considerable technical experience and expertise in relation to attacking and defending trust structures and in dealing with proprietary and equitable interests. She has advised and represented clients in various dishonest assistance, deceit, breach of fiduciary duty and unjust enrichment claims over the years, involving restitutionary remedies and change of position defences, including acting for Credit Agricole Indosuez in the Niru Battery Manufacturing v Milestone Trading & Ors litigation, both at first instance and in the Court of Appeal, 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, and acting for the Duke of Norfolk in Fitzalan-Howard v Hibbert, a dishonest assistance claim arising out of the demise of Erinaceous Group.

Her work in this field frequently involves interim applications for freezing and proprietary injunctions, disclosure orders, orders for service out of the jurisdiction and jurisdiction challenges and contempt proceedings. In November 2021 Tiffany spoke at Thought Leaders 4 FIRE – QC Surgery: Fraud on the subject of freezing and proprietary injunctions.

2021 and ongoing casework includes:

  • 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 conspiracy; obtained interim and final proprietary and freezing injunctions and disclosure 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 company; interim proprietary and freezing injunctions and disclosure orders under CPR 1(1)(g) and Norwich Pharmacal jurisdiction obtained by claimant, followed by summary judgment and post-judgment freezing orders and enforcement issues.
  • 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.
  • Ahmad v Owadally (2020) – acting for parties to a joint venture found guilty of money laundering offences, on appeal against decisions reached on the taking of an account of profits of the joint venture including issues of whether money found to have been the proceeds of crime should be brought into account.
  • 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.
  • Representing a barrister in a claim relating to alleged negligent advice regarding compliance with local authority enforcement notices, and alleged negligent conduct of criminal litigation under POCA.

Earlier cases include:

  • Luitpold Immobilienverwaltung v Huber & Grothe – acting for claimant in proceedings against judgment debtors to provide information about their assets and in contested committal proceedings.
  • Axle Holdings Ltd v Letter – acting for claimant in claim for fraudulent misrepresentation and breach of warranty against vendors of shares in luxury vehicle company with a sale price of $52 million.
  • Vocational Health Services v BMI Healthcare – acting for BMI in claim by a consortium of doctors in relation to a failed joint venture alleging conspiracy.