Chloe has a broad commercial and commercial chancery practice, spanning insolvency and company law, civil fraud, partnership disputes and complex contractual disputes often with an international element.

She regularly appears in the High Court (both led and as sole counsel) and before Insolvency and Companies Court (ICC) Judges. Chloe has experience and accepts instructions in respect of urgent applications for freezing and other injunctive relief.

Expertise

Chloe has wide-ranging expertise in contentious and non-contentious insolvency and company law matters. She was instructed in the recent groundbreaking Supreme Court appeal in Sevilleja v Marex Financial Ltd [2020] UKSC 31 in which the doctrine of reflective loss was fundamentally restated, acting (as second junior counsel) on behalf of the APPG on Fair Business Banking in their unprecedented intervention in support of the Appellant.

Chloe is frequently instructed to act for office holders, creditors and individual debtors in insolvency litigation. Her experience includes complex misfeasance and breach of fiduciary duty claims, claims involving TUVs and preferences, orders for sale, and unlawful distributions, and contested winding up and bankruptcy petitions.

Notable Company & Insolvency cases


Sevilleja v Marex Financial Limited [2020] UKSC 31

Supreme Court appeal in which the doctrine of reflective loss was fundamentally re-stated.


Rasul v (1) Ginwalla (2) Capital Investment Centre Limited [2021] EW Misc 7 (CC)

Acting for a director opposing a derivative claim in relation to the purchase of a property allegedly connected with the company


Acting for Joint Liquidators in a fraudulent trading claim and misfeasance claim in respect of a VAT fraud worth £2m


Acting for Joint Liquidators in a misfeasance claim against former directors for their involvement in an EBT tax avoidance scheme.


Acting for Joint Liquidators in a claim against the former officers of a company for wrongful trading, misfeasance and unlawful distributions worth £5m.


Assisting (Simon Davenport QC and Daniel Lewis) in a claim brought by a SME against RBS regarding mistreatment by the GRG, in particular allegations of negligence, breach of contract and breach of fiduciary duty.


Acting (led by Simon Davenport QC) for the petitioning creditor in bankruptcy and winding up proceedings worth over £60m.


Roger Trett v Yasmin Akhtar: Acting for the petitioning creditor in a trial challenging the debtor’s centre of main interest.


Re M2 Property Invest Ltd [2017] 12 WLUK 201

Cross-border merger case: advising and acting for companies seeking cross-border mergers pursuant to the Companies (Cross-Border Mergers) Regulations.


Chloe’s practice covers a wide range of commercial disputes, including civil fraud claims, contractual disputes of all types, and partnership disputes. Many of her cases have an international element, and she frequently advises on complex jurisdictional and conflicts of law issues.

 

Notable Commercial & Chancery cases


Shah v Shah [2017] EWHC 2693 (Ch); Shah v Shah [2018] EWHC 2075 (Ch); Shah v Shah [2019] EWHC 535 (Ch); Shah v Shah [2020] EWHC 1840 (Ch)):

Instructed as a junior (led by Thomas Roe QC) in respect of a lengthy and complex account arising out of the dissolution of a partnership.


Instructed as sole counsel in a multi-jurisdictional breach of contract claim worth over $120m.


Instructed (led by Simon Davenport QC) in respect of obtaining urgent worldwide freezing relief in the context of an underlying contract and fraud claim worth $40m.


Instructed (led by Simon Davenport QC) on an international civil fraud claim arising out of a Ponzi scheme worth $25m.


Advising and drafting pleadings in various claims for mis-selling, breach of contract and restitutionary claims involving banks and other financial institutions.


Advising and drafting pleadings in a partnership dispute involving breach of fiduciary duty and derogation from grant arising out of the sale of an accountancy business.


Acting for a beneficiary in a contested dispute concerning a conditional gift under a Will.


Chloe also gained experience in international banking and financial disputes before coming to the Bar, having spent just under a year at a magic circle law firm where she worked in the dispute resolution department on a high profile US-led regulatory investigation into a major bank. She also assisted Jeffrey Golden in drafting and preparing for publication the specialist work, International Financial Disputes: Arbitration and Mediation (Oxford, 2015).


Chloe regularly advises and acts in claims involving jurisdictional and conflicts of law issues, particularly in the area of travel law. She has extensive experience in claims under the Package Travel Regulations, the Montreal Convention and the Athens Convention.

For Help or Advice…


Please contact us either by telephone: +44 (0)20 7415 7800 or email: clerks@3harecourt.com

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