Pia Dutton

Pia has extensive experience in commercial litigation and her practice covers the full spectrum of commercial disputes. Cases of particular note are as follows:

• Greenslade v Everbridge – Pia, led by Jamie Riley KC, was instructed on behalf of a number of Sellers who alleged that the purchasers of shares in a target company had acted in breach of the terms of a Share Purchase Agreement. It was alleged that by failing to issue the Consideration Shares as soon as reasonably practicable, and with undue delay, the Sellers had suffered losses of approximately $57 million.
• Tonstate Group Ltd et ors v Mishcon de Reya LLP – Pia, led by Jamie Smith KC, represented a leading law firm in litigation brought by Tonstate Group Limited and associated companies. Pia and Jamie successfully defended an application for summary judgment on a claim for knowing receipt in 2022.
• Endcape Limited v Musgrave Generators Limited – Pia acted as sole advocate in a four-day High Court trial on behalf of the Defendant. She was partially successful in defending a claim under an alleged agreement purportedly relating to the sale of certain stock: see [2022] EWHC 2972.
• School Facility Management Ltd et ors v Christ the King College et anor [2021] EWCA Civ 1053 – Pia (led by Simon Salzedo QC), successfully argued that the principle of counter restitution did not bar the recovery by the Claimant of restitution for unjust enrichment during the period when the College had had the benefit of use of the building but failed to pay for it.
• NOx Emissions Litigation – Pia, led by Adam Kramer KC and Ben Jaffey KC, acted on cases involving allegations of the use of unlawful defeat devices in emissions control systems employed by a number of high-profile vehicle manufacturers.
• AOHope Ltd v M.P. Moran & Sons Ltd (2021) – Pia, acting as sole advocate, settled a Defence in a matter alleging a debt in respect of facemasks. The manufacturer purported to sell the facemasks to the Defendant on the basis that they were capable of being sold as personal protective equipment (PPE) in the United Kingdom. In the event, it was discovered that the facemasks were not capable of being sold as PPE in the UK and were supported by counterfeit certifications.
• McAfee v DSG Retail Ltd (2019) – Pia, led by Jonathan Nash KC, was instructed by McAfee in respect of allegations against Dixons for breach of a Retail Software and License Agreement.
• GPP Big Field LLP v Solar EPC Solutions SL [2018] EWHC 2866 (Comm).

Pia has acted for a significant number high-profile financial institutions in commercial and banking litigation. Pia’s experience extends to advising on potential high-value mis-selling claims to defending banks and other financial institutions against claims arising out of the Consumer Credit Act and Financial Services and Markets Act 2000. More recently, Pia has acted as sole counsel in high-value applications and trials in the County and High Courts.

Relatively early in her practice, Pia took up a secondment at Dentons UKMEA LLP, in the banking and financial markets litigation team, for four months. Pia assisted on high-profile cases defending allegations of the mis-selling of interest rate hedging products and LIBOR/Euribor manipulation by the Royal Bank of Scotland Plc.

Since then, Pia has both been led and acted as sole advocate in a number of notable banking disputes. In particular:

• RCD (Mechanical and Electrical) Limited v Santander UK Plc – Pia acted for the Bank in relation to a claim for approximately a quarter of a million pounds brought by a company which alleged that the Bank had negligently converted a cheque and wrongfully caused it to be credited to its customer’s account. The Bank brought a Part 20 claim against its customer. Pia, acting as sole counsel in the King’s Bench Division of the High Court, argued the application for summary dismissal. She argued that the Defence gave rise to a clear case of dishonest assistance in wrongful trading by the Bank’s customer and, having used his account for such a purpose, he was liable to indemnify the Bank in respect of any loss. Despite involving allegations of fraud and dishonesty, the Bank was entirely successful in its application and obtained its costs.
• National Westminster Bank Plc v Bharwani – Pia, acting as sole advocate, successfully obtained judgment on behalf of the Bank in a two-day trial involving allegations of dishonesty and forgery. Further, to intensive cross-examination, the Judge found that the Defendant had lied about terminating a personal guarantee and created a purported “termination letter” solely for the purposes of assisting in his Defence.
• CFH Clearing Ltd v Merrill Lynch International [2020] EWCA Civ 1064.
• Fabb v Close Bros Invoice Limited – Pia, acting as sole advocate, successfully represented the Bank in an application for strike out of a claim for £8 million.

Pia is ranked by Legal 500 as a leading junior in civil fraud and her practice covers a wide range of disputes, including claims for deceit, breach of fiduciary duties, misrepresentation and knowing receipt/dishonest assistance.

Notable cases include:

• National Westminster Bank Plc v Bharwani – Pia, acting as sole advocate, successfully obtained judgment on behalf of the Bank in a two-day trial involving allegations of dishonesty and forgery. Further, to intensive cross-examination, the Judge found that the Defendant had lied about terminating a personal guarantee and created a purported “termination letter” solely for the purposes of assisting in his Defence.
• RCD (Mechanical and Electrical) Limited v Santander UK Plc – Pia acted for the Bank in relation to a claim for approximately a quarter of a million pounds brought by a company which alleged that the Bank had negligently converted a cheque and wrongfully caused it to be credited to its customer’s account. The Bank brought a Part 20 claim against its customer. Pia, acting as sole counsel in the King’s Bench Division of the High Court, argued the application for summary dismissal. She argued that the Defence gave rise to a clear case of dishonest assistance in wrongful trading by the Bank’s customer and, having used his account for such a purpose, he was liable to indemnify the Bank in respect of any loss. Despite involving allegations of fraud and dishonesty, the Bank was entirely successful in its application and obtained its costs.
• Tonstate Group Ltd et ors v Mishcon de Reya LLP – Pia, led by Jamie Smith KC, represented a leading law firm in litigation brought by Tonstate Group Limited and associated companies. Pia and Jamie successfully defended an application for summary judgment on a claim for knowing receipt in 2022.
• Old Park Capital Maestro Fund Limited v Old Park Capital et ors – Pia, led by William Edwards, acted in a trial involving allegations of fraud and breach of directors’ duties against a former director of a Cayman Islands investment fund. Pia and William were successful in defeating all allegations of dishonesty. The case proceeds to the Court of Appeal on a discrete point of law concerning whether contractual exonerations can apply to an innocent breach of the No-Conflict Duty.
• Dinglis Properties Limited v Dinglis Estates Limited – Pia, acting as sole advocate, was instructed by Dinglis Estates Limited (DEL) in a trial of a claim alleging breach of an alleged loan agreement, together with counterclaims involving breach of directors’ and fiduciary duties. Before the matter could proceed to trial, however, Pia obtained judgment on behalf of DEL further to the breach of the terms of an Unless Order by the Claimant.
• Addlesee et ors v Dentons Europe LLP (2021) – Pia (led by Patrick Lawrence QC) is instructed on a dispute involving inter alia allegations of deceit and dishonest assistance against the law firm.
• Duet Capital Holdings Ltd (2021) – Pia (led by Jamie Riley QC) successfully obtained a freezing injunction with a limit of £20 million against a former director of the Company and related subsidiaries.
• Shulman v Bogolyubov and Kolomoisky [2018] EWHC 160 (Ch)
• Dinglis Properties Limited v Dinglis Management Limited [2016] 4 W.L.R. 72

Pia is noted in Legal 500 for her practice in professional negligence and she has experience in a broad range of professional negligence disputes involving financial market professionals, investment advisers and legal professionals.

Recently, Pia has regularly advised high-profile leading law firms on potential claims and other matters involving professional negligence and discipline.

Notable cases include:

• Old Park Capital Maestro Fund Limited v Old Park Capital et ors – Pia, led by William Edwards, acted in a trial involving allegations of fraud and breach of directors’ duties against a former director of a Cayman Islands investment fund. Pia and William were successful in defeating all allegations of dishonesty. The case proceeds to the Court of Appeal on a discrete point of law concerning whether contractual exonerations can apply to an innocent breach of the No-Conflict Duty.
• Tonstate Group Ltd et ors v Mishcon de Reya LLP – Pia (led by Jamie Smith KC) is representing a leading law firm in litigation brought by Tonstate Group Limited and associated companies. Thus far, Pia and Jamie have successfully defended an application for summary judgment on a claim for knowing receipt.
• NOx Emissions Litigation – Pia, led by Adam Kramer KC and Ben Jaffey KC, acted on cases involving allegations of the use of unlawful defeat devices in emissions control systems employed by a number of high-profile vehicle manufacturers.
• RIFW v Amber (2020) – Pia, led by Peter Ratcliffe and Jonathan Whitting KC, acted for the Welsh government in professional negligence claims arising from the management of a property/regeneration fund.
• Addlesee et ors v Dentons Europe LLP (2021) – Pia (led by Patrick Lawrence QC) is instructed on a dispute involving inter alia allegations of deceit and dishonest assistance against the law firm.
• Impact Funding Solutions v AIG Europe Insurance Ltd [2016] UKSC 57.