Lisa is an established senior junior with a general commercial disputes practice. Areas of expertise include Banking & Financial Services, Civil Fraud, Insurance and Professional Negligence.
Lisa is recognised as a Leading Junior in both Banking and Finance (Chambers UK and Legal 500) and Commercial Litigation (Legal 500) and is described as “an extremely knowledgeable, capable and effective barrister", “commercially astute, very sharp and excellent with clients”, “very clever, very quick and very commercial”, “organised, clear in her written advice and pleadings and an effective advocate”, “persuasive in court, great to work with and someone with a very commercial approach”, “incredibly responsive, commercial and really strong with the court” and as someone who “can digest a huge amount of material on short notice”, “goes above and beyond to achieve the desired result” and has “the great attribute of being both legally astute and commercially savvy at the same time”.
Many of Lisa’s cases are high value substantial commercial, banking or financial services disputes, often with significant international and/or fraud elements. 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 she has particular experience of syndicated lending, complex derivatives instruments, including interest rate hedging products and structured foreign exchange products, ISDA documentation and securitisations.
Lisa also has significant experience of interim injunctions, recently acting for both applicants and respondents in applications for urgent injunctive relief, including domestic and worldwide freezing orders, search and seizure orders, orders to enforce restraints of trade covenants and proprietary injunctions.
Sample of recent instructions (2020):
- General Commercial: Acting for an offshore fund in relation to a claim against an investment bank concerning the alleged manipulation of the share exchange ratio (SER) for a large steel industry merger
- Financial Services / Consumer Lending: Acting for a number of customers in relation to claims against second charge bridge loan companies who are alleged to have provided regulated mortgage loans without proper FCA authorisation
- Civil Fraud: Acting for a UK company and its directors in defence of a claim by an agency of the Libyan government in connection with the alleged misappropriation of funds designated for airline pilot training
- Offshore Insolvency: Acting for a US oil company in relation to ongoing winding up proceedings in the Supreme Court of Bermuda Companies (Winding Up) Court in respect of the company’s insurer
- Banking & Finance (Retail): Acting for over 500 claimants bringing claims against a bank for misrepresentations about the break costs payable at the time customers sought to pre-pay or terminate fixed rate lending
- Professional Negligence: Acting for claimant in a professional negligence claim against a solicitors firm in connection with the loss of a chance to bring proceedings against a second firm which had provided advice to the claimant about a share sale agreement
- Chancery: Acting for an offshore company whose shares are held in trust in defence of an application for a final charging order over the company’s assets, on the basis the company’s property is held by it as nominee for the discretionary beneficiary of the trust
- Media: Acting for two US record labels in relation to the alleged breach of a digital music licensing agreement
- Insurance: Acting for insureds in claims for business interruption losses arising out of the covid-19 pandemic
“Very passionate in everything she does, she is highly responsive.”
“Lisa is a highly skilled senior junior who has a huge wealth of knowledge when it comes to banking and finance disputes.”
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
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)
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)