Fiona is a versatile barrister with a broad commercial practice and is regularly instructed as led and unled counsel in cases of the utmost importance. Her practice covers a wide spectrum of commercial disputes including international trade, civil fraud, insurance, company/insolvency, construction/energy and jurisdictional disputes. She has experience of complex and high-value claims and applications in the High Court and international arbitration. In addition to led work, Fiona advises in her own right and regularly appears as a sole advocate in the High Court and County Court.
Highlights of her recent litigation and arbitration experience include successfully defending a test case for the business model of an energy broker client, obtaining injunctive relief on behalf of a partnership to enforce post-termination restrictive covenants against a departing partner, and succeeding in a sale of goods dispute which turned on a complex construction argument about the meaning of “Insurance Total Loss”.
Fiona is a confident and experienced advocate who has received praise from judges for the quality of her submissions in both the High Court and County Courts whilst appearing in a summary judgment application, whilst acting pro bono to resist an injunction in order to prevent a family losing their home, and most recently whilst acting for a bank defending of a PPI claim on a complex limitation argument.
Before joining Chambers, Fiona was a policy advisor to the UK government, where she led a complex IT procurement project and the commercialisation of a multi-billion-pound government programme. She also taught Law at a leading German university (world trade law, EU law and English public law).
An active publisher, Fiona has contributed to the foremost authority on the conflict of laws, Dicey on Conflicts. She also contributed to the White Book 2019 on issues of European jurisdiction and service, and Cullen on Freedom of Information in the UK. She is on the Lexis Nexis Lexis PSL case analysis panel.
Fiona prides herself on being a flexible, personable barrister who is quick to grasp points and easily able to integrate into teams.
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Commercial
- A v B (ad hoc arbitration): led by Robert Howe QC and Christopher Newman, we successfully obtained injunctive relief enforcing post-termination restrictive covenants against a departing partner from one of the Big Four accountancy firms.
- A v B (DIFC-LCIA arbitration): led by Harris Bor acting for the claimant in a dispute over breach of a joint venture agreement.
- A v B (LCIA arbitration): acting for the claimant in a dispute arising out of a share purchase agreement.
- Sports Structures Education Community Interest Company v Bluebank Solutions Ltd t/a Select Energy Direct: successfully defended a test case for the business model of the defendant energy brokerage. The claim was discontinued. The claim alleged breaches of fiduciary, tortious, contractual and regulatory duties.
- DIT SA v Cameroon Quality Products Ltd and others: currently acting for the respondents to an arbitration appeal under sections 67, 68 and 29 of the 1996 Act.
- Ample Speed Ltd v Grain-Trans Ltd (British Virgin Islands, Commercial Division of the High Court): currently acting in a $1.8m debt claim in the British Virgin Islands.
- Clutch Consulting UK Ltd v DDI Holdings Ltd and others: currently acting for the claimant e-discovery provider in a QBD claim to recover unpaid fees and defend a breach of contract counterclaim.
- Gama Aviation (UK) Ltd v Taleveras Petroleum Trading DMCC (unrep., Commerical Court): partially resisted summary judgment in a dispute arising out an aircraft lease agreement.
- Donutterie Ltd v Loose Brands Ltd: acting for the claimant to recover unpaid sums under a supply and franchising agreement, and defend a breach of contract counterclaim.
Shipping and international trade
- Palmali Shipping SA v Litasco SA: led by John Russell QC and Jessica Wells (previously led by Nathan Pillow QC) instructed by the claimant in a $2bn contract of affreightment dispute. The matter is listed for a six-week trial in 2020.
- A v B (LMAA arbitration): led by Michael Ashcroft QC defending alleged underperformance of an innovative vessel designed to support fish farming operations.
- A v B: led by Tim Young QC advising on issues arising from the catastrophic collapse of a vessel’s crane.
- A v B (LMAA arbitration): acting for the claimant in a dispute over damage to cargo during ocean passage.
Civil fraud
- Kings Security Systems Ltd v King [2021] EWHC 325 (Ch): led by Robert Howe QC and Christopher Newman acting for the defendant in a bribery action with a tortious abuse of process counterclaim.
- Pre-proceedings work on a £84m civil fraud claim against two company directors, led by Blair Leahy (proceedings would have been in the Commercial Court in the British Virgin Islands).
Insurance
- Advice on the scope of a professional indemnity insurance policy in a professional negligence dispute.
- Advice on various insurance disputes for two large property development groups, relating to damage to luxury residential developments in central/west London alleged to arise from construction defects.
- Thames Water Utilities Ltd v Eco Drill (England) Ltd v Natta Building Company Ltd: currently acting for the insurer of the Part 20 Defendant in a dispute about damage to a sewer.
Energy and Construction
- A v B (LCIA arbitration): acting for the claimant in a dispute over breaches of a drilling subcontract in an oil well project.
- Advice on the scope of obligations under a construction contract and whether the client is liable to carry out remedial works.
Jurisdiction, conflict of laws and injunctions
- A v B (LCIA arbitration): advice on the conflict between the illegality of a payment mechanism as a matter of local law in an African jurisdiction and the English governing law of the contract.
- CEX.IO Ltd v Winners Digital Ltd (unrep., Queen’s Bench Division): acting for the respondent resisting a disclosure application and de facto freezing injunction application.
- Eastern European Engineering Ltd v Vijay Construction (Pty) Ltd [2018] EWHC 1539 (Comm): as a pupil led by David Lewis QC resisting a worldwide freezing injunction.
- Sabbagh v Khoury [2018] EWHC 1330 (Comm): as a pupil assisting Philip Edey QC and Andrew Fulton resisting an anti-arbitration injunction.
