Year of call: 2010
E: mschmelzer@3vb.com

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Miriam has a a broad commercial practice, covering in particular banking, general contractual disputes, commercial fraud, financial services regulation and insolvency.

As well as acting as part of a larger counsel team, she is regularly instructed to appear as sole advocate at hearings in the High Court and in County Courts across the country.

Miriam also undertakes a variety of written work, including drafting pleadings and providing written advice on all areas of general commercial law.  She regularly advises in connection with allegations of mis-selling of interest rate hedging products.

Miriam was instructed in a complex €200 million financial fraud claim with numerous defendants arising out of the restructuring of the Blue Skye Investment Fund, as well as in a high value arbitration and related court proceedings concerning claims of fraud and breach of directors' duties arising out of failed investments in India.

Before coming to the Bar, Miriam qualified as a solicitor at Freshfields Bruckhaus Deringer LLP (2003-2005). She practised as an associate in Freshfields' Dispute Resolution Group (2005-2008) and as a senior associate in the Commercial Litigation Department of Olswang LLP (2008-2010). In both roles she acted on a wide range of commercial disputes with a particular focus on banking (including structured finance and derivatives), insurance, financial services, technology and complex contractual disputes, with the majority of her work having an international element.

During this time Miriam also completed a seven month secondment to the in-house legal function of a leading international insurance company.


“a go-to set for arbitrations in the banking sector.”

Chambers & Partners UK 2015

‘A seriously impressive set that is packed with quality’

Legal 500 UK 2014

Acting for a high-net-worth individual in an LCIA arbitration and related court proceedings concerning complex claims of fraud and breach of directors' duties arising out of failed investments in India. Part of a three counsel team with Richard Salter QC and Rajesh Pillai, instructed by DLA Piper.

During pupillage Miriam assisted David Quest QC in a three-week ICC arbitration concerning a wireless network in the Middle East.

Advising retail banks in connection with allegations of mis-selling of interest rate hedging products.

Appearing for various banks and other lenders in proceedings in relation to loan agreements, guarantees, possession claims, Consumer Credit Act 1974 and other retail banking issues.

During pupillage Miriam assisted her pupil supervisors and other senior members of Chambers with disputes in relation to credit derivatives; freight forward agreements; loan agreements; guarantees; the impact of EU sanctions on bank accounts; negligent investment advice; and mis-selling.

Past experience as a litigation solicitor, working under the supervision of the relevant partners, included:

Advising Kaupthing Bank hf on the close-out of its derivatives portfolio governed by ISDA Master Agreements, analysing sophisticated financial instruments and structures and researching complex cross-border insolvency issues.

Conducting an internal investigation for a global insurance company in relation to a US regulatory enquiry into finite reinsurance.

Fortress Value Recovery Fund & Ors v Blue Skye Special Opportunities Fund & Ors. Acting for the claimants in a complex €200m financial fraud claim with numerous defendants and causes of action. Part of a four counsel team with Ewan McQuater QC, David Quest QC and Richard Hanke, instructed by Slaughter and May.

Acting for a high-net-worth individual in an LCIA arbitration and related court proceedings concerning complex claims of fraud and breach of directors’ duties arising out of failed investments in India. Part of a three counsel team with Richard Salter QC and Rajesh Pillai, instructed by DLA Piper.

Acting for lending banks in specific disclosure and other interim applications associated with mortgage fraud.

Acting for a software development company in proceedings in the Technology & Construction Court in relation to a claim under a software development and hosting agreement.

Acting for a German distribution company in relation to a claim under the Convention on the Contract for the International Carriage of Goods by Road.

During pupillage Miriam assisted her pupil supervisors and other senior members of Chambers with a range of matters including a telecoms arbitration; jurisdiction disputes; conflict of laws issues; professional negligence claims; insolvency; and complex contract claims.

Past experience as a litigation solicitor, working under the supervision of the relevant partners, included:

Acting for Skype / eBay in a multinational software licensing and copyright dispute concerning the use of P2P technology at the core of the Skype application, including a successful application for an anti-suit injunction (Skype Technologies S.A. v Joltid Ltd & ors [2009] EWHC 2783).

Acting for an insured in proceedings against its insurer / reinsurers under a property damage and business interruption policy arising from the capsize of a mining dredge in Sierra Leone.

Advising a major supermarket in relation to an incident giving rise to multiple product liability claims from its customers, with particular focus on potential recoveries from its suppliers and insurers.

Advising Eurotunnel in relation to various challenges by both shareholders and bondholders arising out of its 2007 restructuring.

Contributor to The Modern Law of Guarantees (forthcoming)

 

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