Lisa has a general commercial practice with particular expertise in retail and investment banking and financial services, professional negligence, commercial fraud, company and insurance law.
Lisa acts regularly in banking disputes for both customers and banks. On the customer side, her current instructions include acting for the Claimants in two large scale claims (both over £20 million) relating to the mis-selling of complex structured interest rate hedging products (led in both cases by John Jarvis QC). Lisa’s background working as a non contentious banking solicitor in a leading global law firm and in the structured products team of a bank, means that she has particular experience of complex derivatives instruments.
Lisa regularly acts for banks and other mortgage lenders on professional negligence claims in the property finance context and is currently instructed in two high value claims against solicitors and valuers relating to the overvaluation of commercial property developments and failures to report on title. Lisa also regularly acts unled for both customers and banks in trials and interim applications in the High Court and County Courts.
On the insurance and company law side, Lisa’s current instructions include acting for the liquidators of a renewable energy company in a high value claim against former directors for breaches of fiduciary duty and misfeasance (led by Andrew Sutcliffe QC); and acting for mortgage lenders in a landmark insurance case concerning the aggregation of professional indemnity claims (led by Tom Weitzman QC).
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Examples of current cases include:
Westgate v RBS – acting for Claimants in £28 million claim arising out of sale of extendable collar and stepped discounted swap products (led by John Jarvis QC)
Firmdale v Barclays Bank – acting for Claimants in c £48 million claim arising out of sale of structured Bermudan swap products (led by John Jarvis QC)
Acting for Claimants in the context of the FCA Review of the sale of interest rate hedging products; currently pursuing consequential loss claims on behalf of a number of customers who were mis-sold IRHPS
Other recent instructions include:
Acting for bank (HSBC) in defence of trade finance claim arising out of disputed endorsement of bills of lading
Acting for bank (RBS) in defence of claim by customer alleging agreement to advance funds on different conditions than in subsequent written agreement
Acting for bank (HSBC) in claim against a customer who had drawn funds against uncleared cheque
Acting regularly for mortgage lenders (including KMC and TMB) in trials where Defendant has alleged mortgage, or original transfer of secured property, was executed as a result of undue influence and/or misrepresentation
Acting for numerous mortgage lenders (including Bank of Scotland, GE, Kensington, Topaz Finance) in claims for rectification of security defects arising out of mortgage frauds; issues arising include subrogation and the creation of equitable charges
Acting for asset finance companies in relation to claims arising out of HP and conditional sale agreements, including claims for breach of implied conditions of satisfactory quality and warranty as to title to assets.
Advising banks on claims against them for conversion of fraudulently issued cheques and unauthorised debits to accounts
Acting for customer in claim against bank relating to unauthorised transfer of funds from solicitors account
Acting for customer in claim relating to electronic payments fraud
Acting for customer in claim against bank relating to proper construction of complex break costs provisions
Currently acting for liquidators of a company in claims against former directors and shadow director for breaches of fiduciary duty in relation to a disputed share subscription
Advised company in relation to a claim against a former director for breaches of fiduciary duty, including diversion of business opportunities
Acted for three companies who are parties to a standard interconnect agreement with BT in relation to AIT claims
Acted for company in claim against its former mobile network provider relating to failure to effect porting of its DDI lines to BT.
Advised company in relation to proposed claim against telecoms provider for loss of business arising from interruption of telecoms services
Instructed regularly by both petitioning creditors and debtors in various winding up and bankruptcy hearings, including applications to annul bankruptcy orders and for the setting aside of statutory demands, applications for substitution of creditors and for substituted service of petitions.
Advised bankrupts in relation to applications by trustees in bankruptcy for certain dispositions to be declared void under s. 283 and under s. 339 of the Insolvency Act
Instructed regularly by trustees in bankruptcy in relation to applications for orders for sale.
Advised company in relation to its entitlement under policy covering loss arising from dishonest acts of employee.
Advised in relation to rights of insurance company to be subordinated to assured's rights of recovery pre-payment of indemnity.
Regularly instructed by mortgage lenders in relation to claims against valuers for negligent overvaluation of properties charged as security for loans.
For example, currently instructed on large scale claim against both valuer and surveyor concerning proper assumptions about construction costs of a property development project which fed into valuation of the completed development
Regularly instructed in relation to claims against completing solicitors in the property finance context for breaches of retainer, including failure to report changes in purchase price, failure to report back to back sales, failure to advise as to title defects and failure to obtain release of prior charges
For example, currently instructed on claim against solicitors who failed to report to the lender a sub-sale structure on similar transactions which pointed to the borrowers being involved in a large scale mortgage fraud
Evan Lewis-Thomas Law Studentship
Mandela Cambridge Bursary
Galloway and Porter Prize (overall examination performance)
University of Cape Town
Cape Bar Council Moot Prize
Amelia Schenkman Entrance Scholarship
Attorney's Fidelity Fund Scholarship
Twamley Undergraduate Scholarship
Scheepers Memorial Scholarship
Commerce Faculty Scholarship
Judge Shock Prize for top First in law (final year)
TW Price Memorial Prize
Juta Law Prize
Attorneys Fidelity Fund Prize for performance in law (preliminary and intermediate years)
Adams and Adams Intellectual Property Law Prize
Ben Beinart Prize (Roman Law)
John Gilbert Kotze Medal (Roman Law and Private Law)
Leonard Fine Prize (Business Policy)
B. Bus. Sc. (1st class honours) and LLB (magna cum laude) (UCT)
LLM (first class) (Cambridge)
Judge Shock Prize and Attorneys Fidelity Fund Prize for top first in law (UCT)
Cape Bar Council Mooting prize
Evan Lewis Thomas Law Studentship, Mandela Bursary and Galloway & Porter Prize for overall examination performance (Cambridge)