Year of call: 1999
E: smallinckrodt@3vb.com

Email the Practice Managers:

spenson@3vb.com

Sophie is a specialist in commercial and financial litigation and has particular experience of disputes involving complex financial products. She also has widespread experience in banking, financial services, restructuring and insolvency, professional negligence, civil fraud and insurance/ reinsurance.

Sophie is a ‘great litigator’, is regularly instructed as sole counsel and has an extensive advisory practice.

Sophie wins praise for her commercial approach and is noted for her client skills and excellent understanding of clients’ requirements. She is described in the Legal Directories as ‘brilliant’ and a ‘highly regarded junior’ who is ‘sharp and pragmatic’, ‘clear and incisive’ and ‘a delight to work with’.  'She's very intelligent and very responsive.'

Sophie has been consistently listed as a leading junior barrister by Chambers UK: The Bar and the Legal 500 in the fields of financial services & regulatory (both contentious and non-contentious), professional negligence, insolvency/restructuring and more recently for banking and finance.

Before coming to the Bar, Sophie qualified as a solicitor at Slaughter and May and gained five years' experience (1994-1999) as a transactional/corporate finance lawyer, specialising in mergers & acquisitions, Takeover Panel related issues, sale & purchase agreements, company law, directors' duties, complex loan agreements and financial instruments, structured finance (including securitisations), private equity, venture capital and regulatory issues.


‘A fantastic barrister.’

Legal 500, 2016

“She’s a specialist in [financial services] who is amiable, commercial and user-friendly.”

Chambers & Partners UK 2016

Sophie is a specialist in banking and financial litigation. She is regularly instructed for a range of major domestic and international banks and their customers as well as other financial institutions, including the PRA and FCA.

Sophie specialises in both investment and retail banking disputes.  Her practice includes all aspects of domestic and international banking, securities, derivatives (futures, options and swaps) and structured products, (with specialist expertise in the ISDA Master Agreement and Definitions) and regulatory issues relating to them.

She has considerable experience in derivative related litigation, including those with a LIBOR- manipulation aspect.

Sophie’s extensive experience includes acting for and against retail and investment banks in disputes relating to breach of mandate; negligent investment advice & investment management; cheques, guarantees and mortgages; fixed and floating charges; undue influence; constructive trust/tracing; money laundering and POCA issues; fraudulent transfers/account operation; loan agreements; letters of credit & bills of exchange; mistaken payments/restitution; and consumer issues (unfair contract terms & penalty clauses). She has been instructed in claims concerning, multi-million syndicated loan facilities, investment funds and restitutionary claims.

Sophie also acts on behalf of clients seeking freezing injunctions and equitable claims/ remedies. She has represented a number of banks at various strike-outs, stays and other hearings related to bank charges; unfair contract terms and penalty clauses; early redemption fees; guarantees; mortgages and possessions; lender's subrogation claims; cheques and credit card agreements.

Recent Directory quotes:

‘A fantastic barrister’ (Legal 500, 2016)

‘Diligent and hardworking, a good junior to have on your case’ (Legal 500, 2016)

Current and recent work:

Fondazione Enasarco v Lehman Brothers Finance SA & Anor [2015] EWHC 1307 (Ch): the leading case on the calculation and determination of Loss in the ISDA Master Agreement, 1992 edition.  Led by Jonathan Nash QC

Anthracite Rated Investments (Jersey) Limited v Lehman Brothers Finance S.A. a dispute relating to the close-out valuation of a put option. The case settled shortly before trial. Led by Jonathan Nash QC. See Anthracite Rated Investments (Jersey) Ltd v Lehman Brothers Finance SA [2011] EWHC 1822 (Ch)  ([2011] 2 Lloyd's Rep 538, [2011] EWHC 1822 (Ch) for a related case, in which the court determined the meaning and effect of early close-out provisions.

R v Tom Hayes (2015): appointed by the Serious Fraud Office as an independent reviewer to review documents over which third parties were asserting privilege in connection with the criminal prosecution of Tom Hayes for LIBOR manipulation.

Gemini (Eclipse 2006-3) Plc & Anor v Danske Bank AS & Anor [2012] EWHC 3103 (Comm): acting for Danske Bank on issues of the proper construction of a Liquidity Facility Agreement and Cash Management Agreement relating to a securitisation transaction and issue of commercial mortgage backed floating rate notes. The trial took place in the Commercial Court before Cooke J. in October 2012. Led by Richard Salter QC.

Mis-selling claims

Sophie has acted in numerous claims alleging breach of contract and negligence, breaches of COB/COBS, misrepresentation and economic duress in relation to sale of interest rate hedging products. She has also been instructed on a number of claims for consequential loss against banks in respect of mis-sold derivative products.

Claims include:

Ryfold Limited & Others v Nationwide Building Society: Sophie acted for the Claimants in a dispute concerning a fixed rate, long term commercial loan with a callable swap. The case settled at the outset of trial in February 2016.

Dimitris Panagopoulos & 26 Cadogan Square Limited v Lloyds Bank plc: a multi-million pound claim in the Commercial Court against major retail bank relating to the mis-sale of six interest rate swaps in 2007. The case settled after mediation.

Dexia Crediop S.p.A. v. Provincia di Crotone (2012): acting for the defendant in substantial ISDA related proceedings concerning interest rate swaps and claim by Dexia for declaratory relief in the English courts.

Merrill Lynch v Commune Di Verona [2012] EWHC 1407 (Comm): acting for the defendant in substantial ISDA related proceedings concerning interest rate swaps and claim by Merrill Lynch for declaratory relief in the English courts.

Financiera Decaril SA v Prudential-Bache (2003): Part of a Counsel team acting for Claimants, who were Brazilian Investors, suing a London investment bank and its Brazilian associate for mis-selling step-down reverse floating-rate notes. The case settled shortly before a six week trial in the Commercial Court in March 2003. Led by Richard Salter QC & John Odgers.

Investment Management

Garnet Investments Limited v BNP Paribas SA (Royal Court of Guernsey, 2007-2011): acting for the defendant investment bank in a multi-million pound claim of alleged professional negligence in relation to portfolio management, investment advice relating to discretionary equity investment portfolios and foreign exchange trades. Sophie represented the defendant at a mediation and the matter settled before trial.

Other claims:

Investment Schemes: Advice on closed and open ended investment schemes (calculation of NAV and discretion to refuse redemptions); claims against investment managers (breach of investment criteria and un-suitability of products).

Mortgages: charges, power of sale and enforcement; a US$125 million syndicated loan dispute in Bermuda.

Guarantees: enforcement and defence of guarantee claims, including in the context of arbitration proceedings; defences of eg. undue influence, misrepresentation and consumer based defences.

ISDA master agreements: termination payments and meaning of ‘reasonably in good faith’.

Claims before Financial Services Ombudsman:

Other cases

Patel v National Westminster Bank plc: Advising on claim by customer against collecting bank for loss of cheque.

Gulf International Bank v First Union National Bank & Ors: Commercial Court action concerning letters of credit and fraud. Case settled.  Led by Jonathan Nash.

Advising on various swap agreements relating to the trading of Carbon Emissions Reductions (CERs) and the underlying emission reduction purchase agreement with the producers of the CERs.

Advising bank in potential Commercial Court proceedings against investment bank in a breach of contract / implied terms / valuation dispute relating to an equity basket option transaction (ISDA Master Agreement; Equity Derivatives Definitions and ISDA Definitions).

Various spread betting dispute between firms and its customers.

Advised individual trader in claim against investment bank relating to losses arising from foreign exchange trading.

Sophie's civil fraud practice encompasses both domestic and international fraud and includes tracing and asset recovery; freezing, search and asset preservation orders; asset tracing; money-laundering and restitutionary remedies; specific disclosure applications and interim payment applications.

Sophie is instructed in proceedings involving: obtaining freezing orders, search orders, disclosure and asset tracing

Recent work:

Acting for a number of mortgage companies in relation to fraudulent mortgage applications

Acting for banks in relation to the fraudulent operation of accounts

Defending application for freezing order in connection with alleged property fraud

E v DH (2007): claims by mortgage lender arising out of the collapse of a buy-to-let property portfolio.

Applications for injunctive relief and freezing orders e.g. related to Flightline Limited v Swissair Schweizersiche Luftverkehr-Aktiengesellschaft [2003] EWCA Civ 63.

Advised and represented clients on issues of dishonest assistance, knowing receipt, unlawful interference and conspiracy.

Sophie has a broad commercial practice across the Commercial Court and Chancery Division and significant experience of large and complex commercial cases.  She acts for and advises various institutions/litigants in a wide range of contractual disputes, including film finance schemes, sale and supply of goods and services, misrepresentation, agency, hire-purchase, lease finance, factoring and invoice discounting.

A ‘great litigator’ (Chambers UK, 2011)

‘She's clever, reliable, hard-working, social and always willing to do the extra legwork’ (Chambers UK, 2015)

‘Sure-footed and definite in her advice, commercial and user-friendly’ (Chambers UK, 2017)

‘Offers clear advice, strong analysis and good client-handling skills’ (Chambers UK, 2017)

‘Extraordinarily diligent and hardworking; her attention to detail is second to none’ (Legal 500, 2015)

'She has a particularly strong advisory practice and, having spent five years as a solicitor at Slaughter and May, has a strong grasp of her clients' needs.’ (Chambers UK, 2015)

‘Commentators admire her tenacity and her willing personality.’ (Chambers UK, 2013)

Cases include:

ZCCM Investments Holdings PLC v. Konkola Copper Mines PLC (QBD (Comm) 16/12/16): acting for the Defendant on a default judgment application in a dispute arising out of a settlement agreement relating to a price participation agreement for copper and cobalt.

Amber Foods Limited & Mrs Baljinder Boparan v PriceWaterhousecoopers LLP (2015/16). Sophie defended PWC against a claim in excess of £4 million of alleged professional negligence and breach of contract in relation to wealth management and taxation advice in connection with investments into film partnerships. The case settled shortly after the Defence was filed.

Film finance partnerships: Currently acting for a number of film finance limited liability partnerships in disputes with some of their respective partners concerning unpaid withholding tax and pursuing claims for breach of partnership deeds.

Nibro Capital Management Ltd v Fond Inex-Interexport A.D. [2008] EWHC 3058 (Ch): Acted for successful claimant in action for breach of contract and loss of chance/loss of profit relating to Russian trade receivables and restructured debt.

Thornside Ltd v Flett Sinclair Insurance Broker Ltd [2008] EWHC 3582 (QB), [2008] All ER (D) 318 (Nov): Acted for the successful claimant (part of The Capita Group Plc) in a claim against the defendant insurance broker and director for damages arising from breach of an agency agreement; breach of trust and the diversion of insurance premiums.

Taylor v Rive Droite Music Limited (Chancery Division, 2006): Claims under publishing and producing agreements relating to songs by numerous major artists. Led by Andrew Sutcliffe QC.

Abbey National v Todd [2004] EWHC 2151 (Ch): An appeal against a costs order made in favour of the claimant. The case concerned costs and the trial judge's exercise of discretion in making costs orders.

Morgan Grenfell Development Capital Syndications Ltd v Arrows Autosports Ltd. & Ors [2004] EWHC 1015 (Ch); [2004] All ER (D) 76. A dispute concerning the construction of an indemnity agreement between the Claimants and Third Defendant, Mr Walkinshaw. Led by Mark Pelling QC.

Sir Elton John and Ors v. Price Waterhouse and Ors [2001] EWHC Ch 438: Claim that defendant accountants and director negligently failed to report that fees were not being borne in accordance with management agreements. Issues included whether accountants and director owed duty of care and were in breach. Assisted Andrew Fletcher.

Advice and representation in partnership disputes/LLP disputes; representing partners on account of profits hearings.

Advice and representation on pensions mis-selling; endowment policies; spread betting; trade finance.

Advice on proceedings against directors under the Company Directors' Disqualification Act 1986.

Claims for commission and commercial agent's disputes (advice on the application of the Commercial Agents (Council Directive) Regulations 1993).

‘She has a particularly strong advisory practice and, having spent five years as a solicitor at Slaughter and May, has a strong grasp of her clients' needs’ (Chambers UK, 2015)

Recent instructions include:

Advising on provisions of the Takeover Code in the context of structuring a corporate finance transaction.

Dispute concerning calculation of deferred consideration under share purchase agreement.

Acted for and advised clients on unfair prejudice proceedings and minority shareholders’ rights.

Sophie regularly advises on shareholders’ agreements.

Sophie is ‘a highly regarded junior with a broad practice covering some of the most technical aspects of financial regulation, particularly in collective investment schemes and the mis-selling of financial products’ (Chambers UK, 2017)

'She's clever, reliable, hard-working, social and always willing to do the extra legwork' (Chambers UK, 2015)

'She's very intelligent and very responsive' (Chambers UK, 2014)

'She's careful, thoughtful and a robust tactician' (Chambers UK, 2014)

Sophie has a detailed knowledge of the regulatory framework and works on a full array of financial regulations matters for institutions and individuals including market abuse and insider trading issues, claims relating to mis-selling (pensions, endowments), professional negligence claims relating to IFAs and brokers' regulations and the law relating to financial promotions and market conduct.

She has been involved in a number of cases involving regulators, including advising on the scope of their powers and duties. Sophie has represented firms and individuals, particularly in disputes with the FSA and in claims before the Financial Ombudsman Service.  She has first-hand experience of the FSA (now FCA), having spent several months in 2001 on secondment at the FSA (now FCA) in the General Counsel - Banking Division prior to FSMA 2000 coming into force.

Recent Directory quotes:

‘Known for her prowess when it comes to highly technical matters in the regulatory space.’ (Chambers UK, 2016)

‘Sure-footed and definite in her advice, commercial and user-friendly.’ (Chambers UK, 2017)

‘Offers clear advice, strong analysis and good client-handling skills.’ (Chambers UK, 2017)

‘She's a specialist in [financial services] who is amiable, commercial and user-friendly.’ (Chambers UK, 2016)

A ‘highly regarded junior.’

‘Provides great clarity on the regulatory aspects of any dispute. A purveyor of in-depth advice, she approaches matters with a thoroughness that is a wonder to behold.’ (Chambers UK, 2010)

‘Adept at dealing with a broad range of topical issues, such as collective investment schemes and boiler-room scams.’ (Chambers UK, 2015)

‘In demand for her advice on contentious and non-contentious matters. She has particular experience in collective investment schemes and recently appeared for a defendant intermediary’ in a claim relating to the Trident Trust. (Chambers UK, 2011)

Current and recent work:

Instructed by the Bank of England, Prudential Regulatory Authority in relation to a significant enforcement matter (2015/2016).

Ryfold Limited & Others v Nationwide Building Society: Sophie represented the four Claimants in their action against Nationwide alleging breaches of regulatory requirements.

Financial Services Authority v Bayshore Nominees Ltd & Ors [2009] EWHC 285 (Ch); Acted for and represented an unregulated UK firm against the FSA in connection with a ‘boiler room’ scam and breaches of the Regulated Activities Order 2001 (Halliwells). See the FSA's Press Notice, FSA/PN/024/2009.

Financial Services Authority v [a firm] & K (2008): Advised in enforcement action brought by FSA against an authorised firm and approved person. Issues involve issue of supervisory notice by the FSA and level of financial penalty.

Financial Services: Insurance Business Transfers

In 2007, Sophie was instructed by the FSA to advise it on its approach to Part VII insurance business transfers, in particular the FSA’s reasons for non-objection and the reasonable expectations of policyholders. Sophie has also appeared on behalf of the regulator on a Part VII insurance business transfer:

In the matter of Reliance Mutual Society Limited, Hearts of Oak Insurance Company Limited and FSMA 2000 (Companies Court. Rimer J, July 2007): Instructed by the FSA on the Part VII FSMA transfer of insurance undertakings.

Acting for and representing the FSA and handling transfers of banking business and insurance undertakings under Part VII FSMA 2000.

Financial Services: Advisory Work (contentious and non-contentious)

Advising on the implementation of the Market Abuse Directive (2003/6/EC) and Implementing Directive (2003/124/EC) in the UK.  Instructed by De Brauw Blackstone Westbroek (2012).

Advising an investment management firm on the scope and content of the FSA’s client asset rules (CASS) and what constitutes an inducement.

Advising a depositary to authorised funds on the interpretation of the FSA’s rules for collective investment schemes (COLL), liquidity and pricing issues for investment funds and the IMA and Data Guidance Fair Value Pricing requirements in the context of FSA enforcement action relating to the CF Arch cru Investment Funds and the CF Arch cru Diversified Funds (FSA-authorised non-UCITS retail schemes. [FSA/PN/055/2011, 21 Jun 2011].

Advising on the scope and content of regulation under FSMA 2000, including Collective Investment Schemes, deposit taking, investment activities and insurance business.

Advising on the scope and content of the FSA's Principles for Business as they apply to regulated firms. FSA corporate governance and systems and controls issues in relation to financial services business including banks and insurance firms.

Advising on compliance with the UK implementation of the Markets in Financial Instruments Directive ('MiFID'), including in relation to investment research, best execution, client classification, communications with clients and client money.

Advising on the interpretation and application of FSA prudential requirements applicable to insurance and reinsurance firms.

Advising on compliance with the Conduct of Business Rules (COBS) and the Insurance Conduct of Business Rules (ICOBS) and the predecessor rules (COB and ICOB respectively), including issues relating to 'treating customers fairly' and specialist advice on claims against financial advisers and others for breach of statutory duty under FSMA 2000.

Acted and advised in relation to a variety of disputes between spread betting businesses and their customers and associated regulatory issues including claims for damages under FSMA 2000 for breaches of the Conduct of Business Rules and challenges to the validity of contractual terms. Instructed in claims relating to unauthorised collective investments scheme, breach of the FSA perimeter; extended warranties; endowment misselling and appointed representatives.

Acted for both claimants and defendants in relation to disputes before and concerning the Financial Ombudsman Service.

Advising leading insurance broker on regulatory aspects of insurance business post 14 January 2005.

FSA enforcement action against two directors of a plc. Response to preliminary findings of unfitness; one complaint was dropped and the other led to a financial penalty. Led by Ali Malek QC (Lawrence Graham LLP).

Wiggins PLC: Director's disciplinary hearing before the Accountants' Joint Disciplinary Scheme. Led by Christopher Symons QC.

Sophie is regularly instructed in corporate and personal insolvency work in the High Court.  Sophie has acted for and against liquidators, administrators, receivers, and trustees in bankruptcy.  She has advised on a number of insolvency issues relating to the 2008 financial crisis, suspensions of investment funds and redemption requests, liquidity issues and valuation issues.

Sophie is recognised as a leading junior in the Insolvency field.

 ‘She masters complicated facts quickly and gives straightforward advice’ (Legal 500, 2016)

‘Well regarded for restructuring matters’ (Legal 500, 2015)

Current and recent work:

Acting in a range of High Court applications, for example injunctions to present the presentation of winding up petitions and hearings in relation to the conduct of administrations and CVAs.

Attendus Treuhandgesellschaft AG v Level EC3 Limited & Others: representing the defendant in resisting the advertisement of a winding up petition.

Advice on the interpretation of a US$125 million syndicated loan facility agreement following the service of statutory demands by two dissenting lenders in a case before the Bermudan Chief Justice (2015).

Advising on: statutory demands, applications to discharge a statutory demand; winding up petitions and bankruptcy petitions, CVAs; settlements with liquidator.

Advising an individual & settlor of various offshore trusts in connection with the potential bankruptcy of the settlor and various commercial and loan agreements entered into between the individual and third parties. The issues included guarantees, cross-guarantees and transactions at an undervalue.

Re: Comfort Shoes Limited (in administration) & Ors (January 2009): Advised administrators on the administration and proposed company voluntary arrangements of five companies within the retail chain/Stylo plc group of companies (Barratts & Priceless shoes). Acted for administrators on application to court (Patten J.) under s.426 Insolvency Act for ‘outgoing request’ for co-operation of the Jersey and Guernsey courts.

Hammond (a firm) v Pro-Fit Holdings Ltd & Pro-Fit USA Ltd (2007): Represented defendant company in parallel proceedings to claimant's application for administration order. Led by Andrew Sutcliffe QC.

Sophie has considerable experience of advising insureds, insurers, reinsurers and brokers on a full range of insurance law issues.

Current and recent work:

Acting for and advising insurers in relation to coverage disputes.

Westminster International BV & Ors v Dornoch Ltd & Ors [2009] EWCA Civ 1323 (Wilson LJ, Etherton LJ, Sullivan LJ): Acted for the Claimants on appeal against the decision of Cooke J. dismissing the Claimants' application for specific disclosure in relation to a dispute relating to the constructive total loss of a mega hopper dredger. Led by Tom Weitzman QC

Thornside Ltd v Flett Sinclair Insurance Broker Ltd - [2008] EWHC 3582 (QB), [2008] All ER (D) 318 (Nov).  Acted for the claimant (part of The Capita Group Plc) in a successful claim against defendant insurance broker and director for damages arising from breach of an agency agreement; breach of trust and the diversion of insurance premiums.

Outokumpu Stainless Ltd v AXA Global Risks (UK) Ltd & Ors [2007] EWHC 2555 (Comm), [2007] Lloyd's Rep IR Plus 54, [2008] Lloyd's Rep IR 147: Acting for claimant in an action brought against insurers for losses arising from radioactive contamination and the disposal of radioactive materials from a Sheffield steel plant. Led by Christopher Symons QC

Morris Cottingham v. Marshall (Commercial Court, 2007): Claim under professional indemnity policy arising from alleged fraudulent activities of accountants in the Turks & Caicos Islands. Avoidance/coverage issues and contingent claim against brokers. Case settled.

In the matter of Reliance Mutual Society Limited, Hearts of Oak Insurance Company Limited and FSMA 2000 (Companies Court, Rimer J., July 2007): Instructed by the FSA on the Part VII transfer of insurance undertakings.

Mabey and Johnson Ltd. v Ecclesiastical Insurance Office Plc & Ors [2003] EWHC 1523 (Comm), [2004] Lloyd's Rep IR 10: Successful claim under professional indemnity policy; Commercial Court authority on the definition of "claim" & implication of aggregation of claims provision. Led by Andrew Onslow QC

Acting for insurer in an arbitration relating to disputed cancellation of insurance following a corporate transfer (2007). Led by Christopher Symons QC

Advising a leading firm of insurance brokers in relation to contentious issues eg. negligence claims; construction of policies; coverage defences; notification problems; avoidance of policies for non-disclosure or misrepresentation.

Advising a leading firm of insurance brokers in relation to non-contentious issues eg. regulatory issues; brokers' claims handling obligations; insurance mediation; identification of insurance contracts; extended warranties.

Advising clients on regulatory aspects of insurance business including the FSA's Insurance Conduct of Business rules (ICOBS and ICOB).

Acting for and against Defendant insurance brokers in High Court proceedings.

‘A fantastic barrister’ (Legal 500, 2016)

‘Excellent on finance-related professional negligence’ (Legal 500, 2015)

'The 'highly knowledgeable' Sophie Mallinckrodt also stands out' (Legal 500, 2014)

‘Brilliant' (Legal 500, 2011)

‘Very commercially astute and practical’ (Legal 500, 2010)

Sophie has considerable experience of representing and advising clients in professional negligence disputes, in particular, claims involving accountants, solicitors, barristers, investment managers and allegations of mis-selling of financial products. She has regularly advised and acted for claimants and defendants in disputes involving surveyors, valuers, insurance brokers and contractors.

Current and recent work

Amber Foods Limited & Mrs Baljinder Boparan v PricewaterhouseCoopers LLP (2015/6): Sophie defended PWC against a claim in excess of £4 million of alleged professional negligence and breach of contract in relation to wealth management and taxation advice in connection with investments into film partnerships. The case settled shortly after the Defence was filed.

Ryfold Limited & Others v Nationwide Building Society: Sophie acted for the Claimants in a dispute concerning a fixed rate, long term commercial loan with an embedded callable swap. The case settled at the outset of the trial, February 2016.  Led by Ali Malek QC.

Garnet Investments Limited v BNP Paribas SA (Royal Court of Guernsey, 2007-2011): acting for the defendant investment bank in a multi-million pound claim of alleged professional negligence in relation to portfolio management, investment advice relating to discretionary equity investment portfolios and foreign exchange trades. Sophie represented the defendant at a mediation and the matter settled before trial.

Silvera v (1) M (2) B & Others: Acted for two barristers in claim for negligent conduct of litigation (QBD, 2007; listed for trial in January 2008). Case settled shortly before commencement of three week trial. Led by Andrew Onslow QC.

R v W (2008): Acted for a mortgage company in claim involving valuers' negligence.

Accident Assistance Ltd v Hammonds Suddards Edge (a firm) [2005] EWHC 202 (Ch), [2005] All ER (D) 284 (Feb) Successfully defended solicitors’ firm against a negligence claim. Led by Christopher Symons QC.

C v H:  Acted in alleged negligent mismanagement case (Central London CC, Mercantile Court).

Sophie has represented and advised clients on numerous actions concerning mis-selling of interest rate swaps and claims for consequential losses. Her other experience includes:

  • Banks: negligence claims in the context of lost cheques
  • Fund Managers: negligence and breach of mandate in respect of investments (issues of time bar, KYC checks; source of funds).
  • Insurance brokers: alleged negligence
  • Independent financial advisers: issues of due diligence and suitability and breach of COBS rules.
  • Accountants: acted for accountants in cases involving alleged negligent wealth management, accounting and tax advice.
  • Solicitors: conveyancing related negligence (failure to complete before releasing monies), and failure to identify fraudulent borrowers.

Westpark 1 Aircraft Leasing Ltd and others v Kingfisher Airlines Ltd (TCC). Acted for three aircraft leasing companies in quantum proceedings against Indian airline company for claim in excess of $30 million. Settled January 2010 (2009-2010).

Celestial Aviation Trading 71 Limited v Kingfisher Airlines Limited (TCC). Acted for the aircraft company in claim for delivery up of an aircraft (2008-2009).

National City Commercial Company LLV c Ocean Sky Aviation Ltd (QBD, Commercial Court).  Advised Claimant on application for injunction to restrain use of an aircraft and claims for breach of loan agreement.

Sophie has given talks on the following:

  • The liability of investment managers
  • Pre-action conduct: Protocols & practice directions; pre-action disclosure, Norwich Pharmacal Applications & sanctions
  • Insurance Mediation post 14th January 2005
  • FSA Perimeter Guidance Chapter 6: the identification of an insurance contract
  • Financial Services Investigations and Enforcement
  • Directors' & Officers' Liability Insurance
  • ISDA Master Agreement: Termination and valuation of close-out payments

Author of chapter on ‘Potential Liabilities under FSMA 2000’ in Banking Litigation (2nd edition, 2005, Sweet & Maxwell).

Contributor to insurance section of Bullen & Leake & Jacob's Precedents of Pleadings (15th edition, 2004, Sweet & Maxwell).

Commercial Bar Association (COMBAR)

Financial Services Lawyers Association

London Common Law and Commercial Bar Association (LCLCBA)

Thomas Cassel Scholar (Lincoln's Inn) (1999)

French & German (fluent)