Sophie Mallinckrodt Call 1999: MA History (Camb) Former Solicitor (1994-1999) E-mail: smallinckrodt@3vb.com

• Banking & Finance
  
• Insurance & Reinsurance
  
• Professional Negligence
  
• Financial Services & Regulation
  
• Commercial Litigation
  
• Civil Fraud
  
• Company Law
  
• Insolvency
  
• Media & Entertainment

Banking & Finance

Sophie regularly acts for and advises domestic and international banks and other lenders, financial institutions and their customers. Her practice includes contentious and non-contentious work and includes breach of mandate disputes; 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; bills of exchange; mistaken payments/restitution; and consumer issues (unfair contract terms & penalty clauses).

Current and recent instructions include:

• Nibro Capital Management Limited v Fond Inex-Interexport a.d.: Trial in the Chancery Division, March 2008. 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 (Salans LLP).
  
  
• P v N: claim by customer against collecting bank for loss of cheque.
  
  
• Acting for major investment bank in relation to alleged mismanagement of discretionary and trading portfolios (2007/8).
  
  
• [A firm] v K & H: spread betting dispute between a firm and two customers.
  
  
• Financiera Decaril SA v Prudential-Bache. 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 6 week trial in the Commercial Court in March 2003. Led by Richard Salter QC & John Odgers (Richards Butler).
  
  
• Gulf International Bank v First Union National Bank & Ors. Commercial Court action concerning letters of credit and fraud. Case settled. Led by Jonathan Nash (Reynolds Porter Chamberlain).
  
  
• Sophie has represented a number of banks at various strike-outs, stays and other hearings related to bank charges; unfair contract terms & penalty clauses; early redemption fees; guarantees; mortgages & possessions; lender's subrogation claims; cheques and credit card agreements.
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• Outokumpu Stainless Limited v AXA & Others [2007] EWHC 2555 (Comm); [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 (DLA Piper UK LLP).
  
  
• 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 (Reynolds Porter Chamberlain).
  
  
• Instructed by the Financial Services Authority on the Part VII FSMA transfer of insurance undertakings In the matter of Reliance Mutual Society Limited, Hearts of Oak Insurance Company Limited and FSMA 2000 (Companies Court, Rimer J., July 2007).
  
  
• Acting for insurer in an arbitration relating to disputed cancellation of insurance following a corporate transfer (2007). Led by Christopher Symons QC (Herbert Smith).
  
  
• Mabey v Johnson v. Ecclesiastical & 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 (Herbert Smith).
  
  
• 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 (ICOB).
  
  
• Acting for and against Defendant insurance brokers in High Court proceedings.



• Talks on insurance topics: Sophie has given talks to solicitors' firms on a number of insurance-related topics including Directors' & Officers' Liability Insurance; FSA Perimeter Guidance Chapter 6: the identification of an insurance contract; and Insurance Mediation post 14th January 2005.
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• G v [a bank] (2007/ongoing). Currently acting in a multi-million pound claim of professional negligence against leading investment bank in relation to portfolio management and investment advice.
  
  
• S v M & 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 3 week trial. Led by Andrew Onslow QC (Simmons & Simmons).
  
  
• R v W (2008). Currently acting for mortgage company in claim involving valuers' negligence.
  
  
• Accident Assistance Ltd v Hammond Suddards Edge (A firm) [2005] EWHC 202 (Ch); [2005] PNLR 29. Acted for solicitors in successful defence of a negligence claim. Led by Christopher Symons QC (Lovells).
  
  
• C v H. Acted in alleged negligent mismanagement case (Central London CC, Mercantile Court).
  
  
• Has advised brokers in alleged brokers' negligence actions.
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• FSA v [a firm] & K (2008): Advising 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.
  
  
• 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 in the matter of the application under FSMA 2000 to the court to sanction the transfer of business from Hearts of Oaks Insurance Company to Reliance Mutual Society Limited and ancillary orders.
  
  
• Financial Services Authority v [a firm] (2007/8). Currently representing a firm against the FSA in connection with alleged "boiler rooms" and breaches of the Regulated Activities Order 2001 (Halliwells).
  
  
• 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 mis-selling 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).
  
  
• Author of chapter on "Potential Liabilities under FSMA 2000" in Banking Litigation (2nd edition, 2005, Sweet & Maxwell).
  
  
• Wiggins PLC: director's disciplinary hearing before the Accountants' Joint Disciplinary Scheme. Led by Christopher Symons QC.

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• Todd v Abbey National plc & Ors [2004] EWHC 2151 (Ch), Lawtel AC9500280. 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. Sole advocate (DLA).
  
  
• Morgan Grenfell DCS Ltd v Arrows Autosport Ltd [2004] EWHC 1015 (Ch); [2004] All ER (D) 76. Proper construction of letter of indemnity as applied to the Deutsche Bank group. Led by Mark Pelling QC (Ince & Co).
  
  
• Sir Elton John & ors v Price Waterhouse & anr [2002] 1 WLR 953 (Chancery Division, Ferris J.). 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; income against accountants, auditors and company directors. Assisted Andrew Fletcher (Leboeuf Lamb Greene & Macrae).
  
  
• 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).

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

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• Dispute concerning calculation of deferred consideration under share purchase agreement (Fulbright & Jaworski International LLP).
  
  
• Advised clients on Section 459 proceedings, unfair prejudice & minority shareholders' rights.
  
  
• Regularly advises on shareholders' agreements.

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• 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.
  
  
• Advised client on proposed settlement with liquidator.

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• 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.
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