Jessica Brooke

Commercial disputes

Jessica’s practice includes all aspects of commercial litigation, with a particular focus on civil fraud, including applications for urgent injunctive relief and asset recovery. She regularly acts in multimillion-pound commercial disputes, both domestic and international.

Recent experience includes:

• Instructed as sole counsel acting for a defendant in a multimillion-pound 43-day trial involving an unfair prejudice petition and separate claims alleging serious fraud and breach of directors’ duties. Settled shortly before trial.
• Instructed in on-going commercial arbitration proceedings valued at several hundred millions of US dollars.
• Successfully acted as sole counsel for the petitioners in Knell v Van Loo [2023] EWHC 2109 and [2023] EWHC 2933, a 7-day High Court trial of an unfair prejudice claim. The case involved complex share valuation issues arising from the siphoning of assets and opportunities by the respondents over several years. Jessica was successful both at the liability trial and the quantum hearing.
• Successfully acted with James Bailey KC in Re Valorem Holdings Ltd [2023] EWHC 2625 (Ch); [2024] B.C.C. 1, a case involving the ownership and control of a leading perfume brand and breaches of Russian trading sanctions. A passport order was obtained against the respondent along with an array of injunctive relief, stripping the respondent of his directorship of the company and preventing him from contacting customers or employees, or approaching the company’s premises, and requiring him to hand over his mobile phone and laptop to be imaged.
• Currently acting with Tiffany Scott KC for numerous claimants which operate a high-profile start-up investment business in a €15million fraud claim against one of the claimants’ founders, which is listed for a 6-day trial in 2024. The litigation is fought in numerous jurisdictions, and world-wide freezing injunctions have been obtained in England and Cayman.
• Acting with Thomas Grant KC for the claimant in high value litigation in Nevis involving serious allegations of professional misconduct on the part of a solicitors’ firm and the successful obtaining of a world-wide freezing order.
• Successfully obtained an ex parte worldwide freezing order securing assets of c.£2.7million, which was upheld on the return date. Sole counsel.
• Representing an investor in £5million claims against a foreign exchange broker and a forex trader alleging fraud, unlawful means conspiracy and misrepresentation. Sole counsel.
• Acting with David Phillips KC in a multimillion-pound dispute involving allegations of fraud in the context of a joint venture agreement to develop a London hospital.
• Municipality of Mariana v BHP Billiton Plc: Acting for claimants in a £5billion class action arising from the Fundão Dam disaster in Brazil, listed as one of The Lawyer’s Top 20 Cases in 2020.
• Carter v OMI: Acting as junior counsel in a $15million dispute in respect of the mis-selling of investment bonds, involving issues in respect of breach of fiduciary duty, conflicts of law and the application of Turkish law.
• Pentera v OMI: Acting as junior counsel for a life assurance company in two connected $20million disputes in the Isle of Man, arising from the sale and operation of investment related life assurance policies and involving secret commissions, breach of fiduciary duty and the application of Russian law.
• Acting for the defendants in a dispute regarding the construction of an alumina refinery tank for one of the world’s largest aluminium producers. Sole counsel.
• Acting for a celebrity client as sole counsel in an ongoing civil fraud matter involving fraudulent misrepresentation and the piercing of the corporate veil.
• Successfully acting as sole counsel in a 5-day trial involving extensive cross-examination regarding allegations of dishonesty.
• Acting for the respondents in an on-going unfair prejudice petition alleging serious breaches of fiduciary duty and the siphoning of business opportunities to a competitor. Sole counsel.
• Advising a corporate finance advisor in a multimillion-pound claim for services rendered in respect of a £150million company purchase by a private equity firm. Sole counsel.
• Acting as sole counsel for the defendant in a high value claim alleging breach of an exclusive supply agreement issued in the Commercial Court, which settled before trial.
• Advising a joint venture financier in respect of the validity of security granted over an Aston Martin vehicle to secure a c.£1million loan, and the priority of the security. Sole counsel.
• Advising on claims in conversion, misrepresentation and breach of contract in respect of trademarked surgical sets and implants involving conflicts of laws issues. Sole counsel.
• Successfully represented the claimant in a 2-day trial of a claim seeking enforcement of a finance transaction which was defended on the basis that there had been numerous breaches of FSMA 2000.
• Acting for investors in allegedly ‘green’ bonds in respect of on-going claims in deceit and misrepresentation. Sole counsel.
• Acting for the liquidators of a construction company pursuing a sub-contractor in a claim worth over £1.5million for defective works leading to the partial collapse of a building.

Download Commercial disputes CV

Company law

Jessica is experienced in advising and appearing in a wide range of company matters, including unfair prejudice petitions, shareholder disputes, breach of directors’ duties, unlawful distributions, director disqualification proceedings, applications to restore companies to the register, applications to amend a company’s register of members and applications to extend time for the registration of company charges.

Jessica is also regularly instructed to act in high-value partnership disputes. Her experience includes disputes as to the extent of partnership shares, the beneficial ownership of assets, dissolution, the division of profits, breach of duties, the construction of partnership agreements and duties of disclosure.

Recent experience includes:

• Instructed as sole counsel acting for a defendant in a multimillion-pound 43-day trial involving an unfair prejudice petition and separate claims alleging serious fraud and breach of directors’ duties. Settled shortly before trial.
• Successfully acted as sole counsel for the petitioners in Knell v Van Loo [2023] EWHC 2109 and [2023] EWHC 2933, a 7-day High Court trial of an unfair prejudice claim. The case involved complex share valuation issues arising from the siphoning of assets and opportunities by the respondents over several years. Jessica was successful both at the liability trial and the quantum hearing.
• Successfully acted with James Bailey KC in Re Valorem Holdings Ltd [2023] EWHC 2625 (Ch); [2024] B.C.C. 1, a case involving an unfair prejudice petition and the ownership and control of a leading perfume brand and breaches of Russian trading sanctions. A passport order was obtained against the respondent along with an array of injunctive relief, stripping the respondent of his directorship of the company and preventing him from contacting customers or employees, or approaching the company’s premises, and requiring him to hand over his mobile phone and laptop to be imaged.
• Acting in a high value 5-day unfair prejudice trial involving complex share valuation issues regarding the back-dated value of a company which was insolvent at trial, issues which were decided in favour of her clients. Sole counsel.
• Successfully acting for a liquidator in a misfeasance trial challenging a purported reduction in share capital and seeking contributions in respect of unpaid shares. Sole counsel.
• Acting for the respondents in an on-going unfair prejudice petition alleging serious breaches of fiduciary duty and the siphoning of business opportunities to a competitor. Sole counsel.
• Acting as sole counsel for a defendant against leading counsel in a claim regarding a joint venture and anticipated share transfers in a Sri Lankan company, which settled before trial.
• Acting as sole counsel in a £10million partnership claim, which settled shortly before trial.
• Successfully acting for a former partner of an investment management LLP in opposing a summary judgment application relating to a claim seeking to claw back distributions. Sole counsel.
• Acting as junior counsel in a £9million partnership and trust dispute, which settled before trial.
• Advising a solicitors’ LLP in respect of a claim against a new member who had failed to provide full disclosure as to the risk of potential claims against him. Sole counsel.
• Advising in a partnership dispute involving allegations of long-term fraud and concealment and raising issues as to whether the partnership had been dissolved.
• Advising a society registered under the Co-operative and Community Benefit Societies Act 2014 in respect of actions taken by its executive committee at times when it was inquorate.

Download Company law CV