Lexa Hilliard KC

Civil fraud and asset recovery

Lexa’s practice encompasses all aspects of civil fraud including pre-emptive relief such as freezing orders, search and seizure and preservation orders. She acts for both claimants and defendants in claims for deceit, knowing receipt, knowing assistance, breach of fiduciary duty and conspiracy.

Representative cases include:

• Barrowfen Properties Ltd v Patel & Or [2021] EWHC 2055 (Ch): acting for the successful claimant in a 5-week trial against solicitors for negligence and a former director of a company for fraud.
• Barrowfen Properties Ltd v Patel & Or [2021] EWHC 689 (Ch): acting for the successful claimant in application to strike out late amendments made by solicitor defendants alleging that the claim by the claimant was fraudulent.
• Barrowfen Properties v Patel & Or [2020] EWHC 1145 (Ch): acting for successful claimant in application by defendant to strike out claims in conspiracy and deceit.
• Barrowfen Properties v Patel & Or [2020] EWHC 2536 (Ch): acting for the successful claimant in application for disclosure of documents on the ground that the iniquity principle applied and therefore the documents were not protected by legal professional privilege.
• Phoenix Group v Cochrane & Ors [2017] EWHC 418 (Comm): claims to determine ownership of multimillion-pound settlement known as the Arena Settlement, freezing orders.
• Guralp Holdings & Ors v Guralp & Ors (2017): claim for fraud and breach of fiduciary duty arising out of alleged bribery of overseas agent.
• Hunter v Lawless [2016]: acting for claimant in substantial action for recovery of monies alleged to have been misappropriated by the claimant’s former accountant.
• NGM Sustainable Developments v Wallis & Ors [2014] EWHC 2375 (Ch): instructed on behalf of successful claimant defending an application to strike out multimillion-pound fraudulent misrepresentation/conspiracy claim.
• E-Clear (UK) Plc v Elia [2013] EWCA Civ 1114; [2014] 1 P&CR DG4: successfully overturned summary judgment in the Court of Appeal in connection with a claim against the director for breach of fiduciary duty and misfeasance.
• Halliwells LLP v Austin [2012] EWHC 1194: instructed in an action concerning the scope of the fraud exception in a retirement deed. Case subsequently settled in the Court of Appeal.

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Commercial disputes

Her practice covers a wide range of commercial and company litigation. Her company work includes shareholders’ rights, directors’ duties and the construction of corporate instruments.

A seasoned trial advocate, she has extensive experience of pre-trial interim applications including freezing orders and other injunctions. She has particular expertise in relation to disputes with an insolvency dimension, many of which are international and involve complex cross-border issues.

Representative cases include:

• Titanium v. Hughes Group Limited & Ors: acting for Defendants in a substantial partnership dispute arising out of the sale of Covid 19 testing kits.
• Re BHS Group Ltd [2022] BCC 457: application to strike out part of pleadings for wrongful trading.
• Barrowfen Properties Ltd v Patel & Or [2021] EWHC 2055 (Ch): acting for the successful claimant in a 5-week trial against solicitors for negligence and a former director of a company for fraud.
• Barrowfen Properties Ltd v Patel & Or [2021] EWHC 689 (Ch): acting for the successful claimant in application to strike out late amendments made by solicitor defendants alleging that the claim by the claimant was fraudulent.
• Barrowfen Properties v Patel & Or [2020] EWHC 1145 (Ch): acting for successful claimant in application by defendant to strike out claims in conspiracy and deceit.
• Barrowfen Properties v Patel & Or [2020] EWHC 2536 (Ch): acting for the successful claimant in application for disclosure of documents on the ground that the iniquity principle applied and therefore the documents were not protected by legal professional privilege.
• LB Holdings Intermediate 2 Ltd (in administration) [2020] EWHC 1681 (Ch): application concerning the determination of the priority of competing claims under subordinated debt instruments in the administration of two Lehman Brothers companies.
• Gulf International Bank BSC v Aldwood [2019] EWHC 1666 (QB): application to discharge a worldwide freezing injunction and challenge jurisdiction.
• Re Safeguard Management Corp FSD 104 of 2017: appearing before the Grand Court, Cayman Islands on an application under s.4 of the Confidential Information Disclosure Law made pursuant to a disclosure order made by an LCIA arbitral tribunal.
• Re Enforcement of Judgment (2017): advising on the enforcement of a substantial judgment in the Cayman Islands.
• Phoenix Group v Cochrane [2017] EWHC 418 (Comm): whether freezing injunction over client accounts should be continued.
• A v B [2017] EWHC 596 (Comm): application pursuant to s.68 Arbitration Act 1996 to challenge a partial award on grounds of serious irregularity.
• McTear v Engelhard & Ors [2016] EWCA Civ 487: acting for successful appellants overturning judgment below as a mistrial.
• Phelps v Button [2016] EWHC 3185 (Ch): successful application to strike out claim for judgment on quantum, the successful judgment creditor having failed to take action for 10 years.
• Lime Petroleum Plc ORD 16/001 Isle of Man: acting for the successful company and targeted directors in the first reported case under s.175 of the Isle of Man Companies Act 2006 in a hard-fought application by a minority shareholder to bring a derivative action against the directors.
• Re Guernsey Cell Company: (2016): advising on the construction of various investment advisory and management agreements in a dispute between a Guernsey fund and its managers and advisors.
• Fennell v Halliwells LLP [2014] EWHC 2744 (Ch): instructed on behalf of the LLP in connection with a claim concerning the construction of a retirement deed and drawings on account of profits.
• Blue Monkey Gaming Ltd v Hudson [2014] EWHC (Ch) 166: instructed on behalf of successful administrators in a trial involving the extent of an administrator’s duties to suppliers of goods on retention of title terms and involving issues of restitutionary damages.
• Bannai v Erez [2013] EWHC 3204 (Comm): instructed on behalf of Israeli trustee in bankruptcy in connection with an application for an anti-suit injunction against the trustee who was pursuing claims in Israel in breach of arbitration agreement.
• Ondhia v Ondhia [2011] EWHC 3040 (Ch); [2012] EWCA Civ 1927: instructed on behalf of defendant in claim concerning the construction of a settlement agreement of a substantial dispute involving a number of pharmacy businesses.
• Re Emergent Capital Limited (2011): instructed on behalf of an Australian shareholder in connection with a complex shareholder dispute in a Cayman Islands company owning a substantial waste disposal business in Australia and assets in the Gulf.

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Company law

Lexa is recommended by both Chambers UK and The Legal 500 in this practice area.

Her practice extends to all aspects of company law including directors’ duties, technical company law points and shareholder disputes.

She is a contributor to “Company Directors, Duties, Liabilities and Remedies” (OUP 3^rd Ed Mortimore).

Representative cases include:

• Hunt v. Singh [2023] EWHC 1784 (Ch): successful appeal for claimant in a claim for breach of director’s duty arising out of a tax avoidance scheme which refined the Sequana creditor duty test.
• Re SEL Limited (2018): advising a large privately owned company re: dividends and other matters.
• SS Agri Power Ltd [2017] EWHC 241 (Ch) & [2017] EWHC 3563 (Ch): resisting application for to restrain appointment of receiver over company and subsequently resisting objection to appointment of administrators on grounds of perceived bias.
• In re LBGP No 1 Ltd [2017] EWHC 864 (Ch): applications to resolve various issues in relation to the general partner of various limited partnerships in Lehman Group.
• Guralp Holdings & Ors v Guralp & Ors (2017): claim for fraud and breach of fiduciary duty against directors arising out of alleged bribery of overseas agent.
• Lime Petroleum Plc ORD 16/001 Isle of Man: acting for the successful company and targeted directors in the first reported case under s.175 of the Isle of Man Companies Act 2006 in a hard-fought application by a minority shareholder to bring a derivative action against the directors.
• Re B Limited (2016): acted for the Company in action against the director for breach of fiduciary duty and conspiracy.
• Re Burry & Knight Ltd [2014] 1 WLR 4046: instructed on behalf of a shareholder in the Court of Appeal on the construction of new provisions of the Companies Act 2006, access to information and right to inspect and take copies of the register of members.

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Insolvency

Lexa has been recommended for many years for insolvency in Chambers & Partners and The Legal 500.

Her insolvency practice covers all aspects of corporate restructuring and insolvency, both domestic and cross-border.

Representative cases include:

• Re BHS Group Ltd: representing a former director of BHS in a £165m claim by the liquidators for wrongful trading and breach of fiduciary duty.
• Hunt v. Singh [2023] EWHC 1784 (Ch): successful appeal for claimant in a claim for breach of director’s duty arising out of a tax avoidance scheme which refined the Sequana creditor duty test.
• Re FTX Bahamas [2022 – Present]: assisting as Counsel to the Joint Provisional Liquidators of FTX Digital Markets Ltd, in the Bahamas, including, in particular, advising on cross border issues arising in the provisional liquidation.
• Re BetIndex Limited [2021] EWHC 689 (Ch): acting for administrators in an application seeking directions on the meaning of a trust deed created in favour of gamblers betting on the future performance of footballers.
• Strategic Advantage SPC v ARL 009 Ltd [2020] EWHC 3350 (Ch): acting for substantial secured creditor in a hotly disputed application to make a retrospective administration order in circumstances where the previous appointment by the same creditor had been declared invalid.
• Glint Pay Ltd (in administration) [2020] EWHC 3078 (Ch): acting for successful former administrators in an application by companies for a declaration that the former administrators had not been discharged from liability.
• Re Comet Group (in liquidation) [2018] EWHC 1378 (Ch): acting for ICAEW in an application by liquidators seeking directions that they were permitted to transfer substantial funds to secured creditor in circumstances where ICAEW claimed that the liquidators had a conflict of interest in continuing to act.
• Re LB Holdings Intermediate 2 Ltd (in Administration) [2019]: contractual dispute between different Lehman companies on the meaning of certain subordinated debt instruments.
• Re Farrell (A Bankrupt) [2019] EWHC 119 (Ch): successful defence to a claim that the bankrupt had transferred substantial assets to the defendant for the purpose of defeating creditors under s.423.
• Re Carillion Canada (2018): advising on various issues arising in connection with the Canadian arm of Carillion.
• Re New Look Retailers Limited (2018): advised landlords on rights in relation to CVA.
• Re Biokenetic Europe Limited (2018): represented AstraZeneca UK Limited in the High Court, Northern Ireland on application by administrators for directions re: data protection and medical research records.
• In re LBGP No 1 Ltd [2017] EWHC 864 (Ch): applications to resolve various issues in relation to the general partner of various limited partnerships in Lehman Group.
• In the matter of Platinum Partners Value Arbitrage Fund (International) Limited (in liquidation) FSD 118 of 2016 in the Grand Court of the Cayman Islands: represented joint liquidators in connection with the liquidation of hedge fund in Cayman Islands.
• Baha Mar Ltd: (2016) advising in connection with a large number of issues arising out of the receivership and provisional liquidation of a US$5 billion development in the Bahamas.
• Re Barrowfen Properties Limited (2016): acted for the majority shareholder in an application to terminate an administration and return the company to its shareholders.
• Re China Fisheries Group Limited (2016): acted for opposing creditor, China CITIC Bank International, in the Grand Court of the Cayman Islands resisting a winding up order being made against China Fisheries Group Limited.
• Re Daiichi Chuo Kisen Kaisha: acted for China National Chartering Co Ltd in connection with Daiichi’s application for recognition of its Japanese rehabilitation proceedings as a foreign main proceeding under the Cross Border Insolvency Regulations 2006.
• O W Bunker in Bankruptcy (2015): instructed on behalf of an English creditor in this large Danish insolvency.
• A v B (July 2015): instructed to appear in the Supreme Court of Ireland (Ireland’s final Court of Appeal) on behalf of Sean Dunne (an erstwhile substantial Irish property developer who has been made bankrupt in the Republic of Ireland and the US) in an application concerning the interaction of US and Irish insolvency law.
• Alard Properties Limited (July 2015): instructed on behalf of Deutsche Pfandbriefbank AG in relation to a substantial application pursuant to s.426 Insolvency Act 1986 to put a Jersey company into administration in England.
• Re Stanford International Bank (2015): instructed on behalf of the former joint liquidators in relation to their claim for fees in Antigua.
• O’Connell v Rollings [2014] EWCA Civ 639: instructed on behalf of the successful administrators in the Court of Appeal concerning administrators’ powers to dispose of property subject to a fixed charge.
• Re Southern Pacific Personal Loans [2013] 2 BCLC 465: instructed on behalf of the liquidators in an application concerning the Data Protection Act 1998; whether officeholders were data controllers.
• Re Miss Sixty S.p.A (2013): instructed on the behalf of the liquidators of Miss Sixty (UK) Ltd to provide expert evidence on English law for the purpose of proceedings in Italy.
• Re Hellas Telecommunications (Luxembourg) II SCA [2013] 1 BCLC 426: instructed on behalf of subordinated bondholders in a case concerning powers of administrators, trust funds, compulsory liquidation.
• Re Travelodge Hotels Limited (2012- 2017): instructed in connection with a claim by a Tunisian hotel creditor seeking to pursue its claim in a foreign arbitration and thereby circumvent Travelodge’s company voluntary arrangement.
• Glennrines Farms Ltd v ACAL Underwriting Ltd [2012] EWHC 4336 (Ch): instructed on behalf of Mitsui & Co Ltd in a case concerned with Lloyd’s managing agents and purpose trusts.
• Farepak Food & Gifts Ltd [2007] 2 BCLC 1 [2009] EWHC 2580 (Ch) [2010] 1 BCLC 444: instructed on behalf of the administrators and liquidators in relation to a variety of issues arising out of the collapse of a savings scheme.
• Re Alitalia Linee Aeree Spa [2011] 1 WLR 2049: instructed on behalf of the Italian liquidator in a claim to assets subject to the liquidation of Alitalia in England.
• D/S Norden A/S v. Samsun Logix Corporation [2009] BPIR 1367: instructed on behalf of South Korean receiver of Samsun Logix, which was subject to insolvency proceedings in South Korea, re application to commence legal proceedings in England.
• Re Madoff Securities International Limited [2009] 2 BCLC 78: instructed on behalf of the liquidators of Madoff Securities International Limited in relation to an application concerning the Data Protection Act 1998 and the transfer of data from the UK to the US. Instructed periodically up to 2014 on discrete issues arising in the liquidation.

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Professional liability

Lexa advises on and litigates claims for negligence against professionals including directors, auditors, solicitors, insolvency practitioners (IPs) and investment advisers.

Representative cases include:

• Barrowfen Properties v Patel [2021] EWHC 2055 (Ch): acting for the successful claimant in a claim against a former director for breach of fiduciary duty and a claim in negligence against the claimant’s former solicitors for acting for the claimant when the solicitors had a conflict of interest.
• Re a firm of solicitors (2017) (confidential): acted in a claim against a firm of solicitors for loss caused by acting without authority.
• Lime Petroleum Plc ORD 16/001 Isle of Man: acted for the successful company and targeted directors in the first reported case under s.175 of the Isle of Man Companies Act 2006 in a hard-fought application by a minority shareholder to bring a derivative action against the directors for negligence and breach of fiduciary duty.
• Stanford Bank v Nigel Hamilton Smith, Peter Wastel & Anr (2015): instructed on behalf of the firm of the former joint liquidators of Stanford Bank, Antigua, in connection with a negligence claim that has been issued against the firm in Antigua by Stanford Bank, acting by the current joint liquidators (case settled).
• McCausland v Drenagh Farms Limited (2014): instructed to appear in the High Court, Northern Ireland on behalf of the administrator of a large estate in Northern Ireland in connection with a claim that the administrator had negligently disposed of the estate at an undervalue and failed to rescue the company as a going concern.
• P(UK) Realisations Limited (2014 – 2016): instructed on behalf of the liquidators of an English company in connection with allegations by a Chinese corporate creditor of negligence and misfeasance by the liquidators (case settled).
• Perpetual PMLC v Marlborough & Others (2013): instructed by Guernsey Advocates on behalf of professional directors in a negligence claim against them in Guernsey.
• Freddy Kalatschi v Shay Bannon & Michael Simons (2012): instructed on behalf of the defendants in a claim for professional negligence and misfeasance against the former administrators (case settled).
• X v Deloitte LLP (2011): instructed on behalf of an insolvent company in relation to negligence claim against former auditors (settled after mediation).

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