Honor Brocklebank-Fowler

Honor’s experience in this area includes:

• Sawhney v Credit Suisse AG [2023] CFI 06/22021: A US$7.5 million claim in the DIFC for the alleged mis-selling of investment products. Honor assisted Sharif Shivji KC and Guy Olliff-Cooper in their defence of the bank. Instructed by Al-Tamimi & Company.
• Acting in claims against a bank for mis-selling of a mortgage and restitution under sections 138D and 27(2)(a) of the Financial Services and Markets Act 2000. Led by Nicholas Wright and Hossein Sharafi. Instructed by Cooley.

Commercial disputes form a significant part of Honor’s practice. She has experience of contractual claims, jurisdiction challenges, sanctions and applications for interim relief. Cases include:

• An ICC arbitration: Acting for a Malawi construction company in a substantial claim arising from alleged breaches of a railway construction contract. Led by Chintan Chandrachud of Brick Court Chambers. Instructed by Howard Kennedy.
• A v B: Whilst seconded to Peters & Peters, Honor assisted Sam Goodman of Twenty Essex in numerous successful applications for Norwich Pharmacal and Bankers Trust orders, and for permission to serve out of the jurisdiction. She appeared successfully as sole counsel at the second hearing. These applications were made in support of a suspected multimillion dollar fraud committed against a major multinational bank.
• IMSS-Bienestar v Viva Enterprises Limited: As a secondee at Peters & Peters, Honor assisted with preparation for the CMC of a US$41 million claim for fraudulent misrepresentation arising from a supply contract for ventilator equipment during the Covid-19 pandemic.
• As a secondee, Honor helped to draft the pleadings in a £251 million claim for unlawful means conspiracy on behalf of an international betting conglomerate, which settled prior to proceedings.
• Advising a major Indian steel manufacturer on whether a proposed guarantee regarding a contract for the supply of stainless-steel wire to Russia would infringe the Russia (Sanctions) (EU Exit) Regulations 2019. (As sole counsel.) Instructed by Stokoe Partnership Solicitors.
• Chattaroo v Kamran: Settled pleadings in a £200,000 High Court claim for breach of contract and/or unjust enrichment arising out of the sale of a jointly owned dental business (as sole counsel). Successfully secured settlement prior to CMC. Instructed by Capsticks.
• Drafting pleadings on behalf of a major cosmetics business in defence to a claim for breach of contract brought by a marketing agency (as sole counsel). This resulted in a favourable settlement for Honor’s client. Instructed by Wedlake Bell.
• Successfully applying to strike out a claim for breach of contract brought by an alleged former employee, on behalf of the operating company for London Southend Airport. (As sole counsel.) Instructed by Penningtons Manches Cooper.
• Advising a warehousing business on the priority of a contractual lien over assets worth £3 million, and the interpretation of a negative pledge. Instructed by SE Solicitors.
• Advising a law firm on service out of the jurisdiction under CPR PD6B in a contractual claim against a former client for unpaid invoices. (As sole counsel.)
• An LCIA arbitration: As a pupil, Honor assisted George Bompas KC in the six-day liability trial of a substantial claim for breach of an international distribution agreement brought against a luxury cosmetics business.
• Sian Participation Corp & Ors v Domidias Limited & Ors BVIHCOM2021/0012: Drafting advice on the appropriate forum for a conspiracy claim brought in the BVI, in connection with a contract claim in England. Both proceedings concern the alleged breach of option agreements over shares in a major Russian shipping company. (Assisting Donald Lilly and Blair Leahy KC of Twenty Essex.)
• Barclays Bank Plc v Dylan & Ors: As a pupil, Honor assisted with drafting an application for a freezing injunction including drafting the application notice, draft order and skeleton argument, in support of a substantial claim for deceit and unjust enrichment. (Assisting James Knott and Andrew de Mestre KC.)
• PJSC National Bank Trust v Mints & Ors [2023] EWHC 118 (Comm): As a pupil, Honor assisted James Knott and John Machell KC of Serle Court, at the hearing of a stay application in relation to a conspiracy claim by two Russian banks on the basis that satisfying the claim would involve a breach of the Russia (Sanctions) (EU Exit) Regulations 2019.
• Eli Lilly & Co v Teva Pharmaceutical Industries Limited [2023] EWHC 68 (Ch): Assisted with the defendant company’s successful resistance of a preliminary issue trial in connection with an international patent dispute. (As a pupil, assisting James Knott and Richard Millett KC of Essex Court Chambers.)
• Nagel v Pluczenik & Ors [2022] EWHC 1714 (Comm): Prior to pupillage, Honor provided research assistance to Ruth Den Besten KC of Essex Court Chambers in the Defendants’ successful application to set aside an order for service out and to stay a substantial contract claim on grounds of forum non conveniens.

Honor is regularly instructed in company law matters, and has experience of unfair prejudice petitions, derivative claims and claims alleging breaches of director’s duties. Notable cases include:

• Saxon Woods v Costa & Ors [2024] EWHC 387 (Ch): Honor acted for the primary respondent in the four-week trial of an unfair prejudice petition concerning shareholders’ duties to facilitate the sale of a company. Led by Richard Hill KC and Lara Hassell-Hart. Instructed by JHA LLP.
• A confidential ad hoc arbitration: Honor was instructed in a shareholder dispute concerning the enforcement of a court-ordered demerger of a substantial property holding company. This involved allegations of breach of the claimant’s director’s duties and misappropriation of company assets. The dispute settled following arbitration. Led by Alexander Cook KC and Nicholas Wright. Instructed by CANDEY.
• Davies v Ford [2023] EWCA Civ 167: As a pupil, Honor assisted Alexander Cook KC and Daniel Kessler in their successful resistance of the Respondent’s application for permission to appeal to the Supreme Court. This arose from a c. £4 million claim for equitable compensation arising out of the diversion of a waste recycling business heard before the Court of Appeal.
• Gill v Thind [2023] EWCA Civ 1276: Honor assisted Donald Lilly (as a pupil) in the appeal of an unfair prejudice petition concerning the beneficial ownership of shares in three companies.
• As a pupil, Honor assisted Tiran Nersessian in his successful defence of the respondent director to proceedings brought by the Secretary of State under the Company Directors Disqualification Act 1986. This included preparing a skeleton argument and cross-examination material for trial.
• Haider v Delma Engineering Projects Company LLC [2023] EWHC 218 (Ch): As a pupil, Honor drafted a Request for Further Information in relation to the Claimant’s application for permission to bring a derivative claim. This arose from an alleged trade finance fraud worth c. £242 million. (Assisting Donald Lilly and Robert Thomas KC of Quadrant Chambers.)
• Drafted advice on the interpretation of pre-emption provisions contained in a DIFC company’s Articles of Association and Shareholders’ Agreement. (As a pupil, assisting Richard Hill KC.)

Honor recently completed a four-month secondment with leading fraud solicitors Peters & Peters, where she gained extensive experience of civil fraud litigation. Cases include:

• A v B: Whilst seconded to Peters & Peters, Honor assisted Sam Goodman of Twenty Essex in numerous successful applications for Norwich Pharmacal and Bankers Trust orders, and for permission to serve out of the jurisdiction. She appeared successfully as sole counsel at the second hearing. These applications were made in support of a suspected multimillion dollar fraud committed against a major multinational bank.
• IMSS-Bienestar v Viva Enterprises Limited: As a secondee at Peters & Peters, Honor assisted with preparation for the CMC of a US$41 million claim for fraudulent misrepresentation arising from a supply contract for ventilator equipment during the Covid-19 pandemic.
• Whilst seconded to Peters & Peters, Honor assisted with preparing pleadings in a £251 million claim for unlawful means conspiracy brought by an international betting conglomerate, which settled prior to proceedings.
• Byers v Saudi National Bank [2023] UKSC 51: As a pupil, Honor assisted Jonathan Crow KC and James Knott with drafting the skeleton argument for the appeal before the Supreme Court in a claim for knowing receipt of shares valued at US$318 million which were transferred in breach of trust. This is the leading authority on knowing receipt under English law.
• Barclays Bank Plc v Dylan & Ors: As a pupil, Honor assisted with drafting an application for a freezing injunction including drafting the application notice, draft order and skeleton argument, in support of a substantial claim for deceit and unjust enrichment. (Assisting James Knott and Andrew de Mestre KC.)
• Von Der Heydt Invest S.A. v MultiBank FX International Corporation BVIHCMAP2022/0008: As a pupil, Honor assisted Alexander Cook KC and Guy Olliff-Cooper in several interlocutory applications before the Eastern Caribbean Court of Appeal, in support of a €36 million claim to set aside a consent order said to have been obtained by fraud.
• Sian Participation Corp & Ors v Domidias Limited & Ors BVIHCOM2021/0012: Honor drafted advice on the appropriate forum for a conspiracy claim brought in the BVI, in connection with an English claim alleging breach of option agreements over shares in a major Russian shipping company. (As a pupil, assisting Donald Lilly and Blair Leahy KC of Twenty Essex.)
• Haider v Delma Engineering Projects Company LLC & Ors: As a pupil, Honor drafted a CPR 18 Request for Further Information in relation to an alleged trade finance fraud worth c. £242 million. (Assisting Donald Lilly and Robert Thomas KC of Quadrant Chambers.)
• Serious Fraud Office v Karimova & Ors: As a pupil, Honor assisted Alexander Cook KC and Andrew Sutcliffe KC of 3 Verulam Buildings in the Serious Fraud Office’s claim against Gulnara Karimova, the eldest daughter of the former President of Uzbekistan, in respect of a £22 million property portfolio which is alleged to represent part of the proceeds of many millions of dollars in bribes.

Honor regularly appears as sole counsel in personal and corporate insolvency disputes in both the High Court and enjoys experience of offshore insolvency disputes. Her experience includes:

• Ascentra Holdings, Inc. (in Official Liquidation) v Ryunosuke Yoshida & Ors: Acting for the Cayman Official Liquidators of the claimant company in a US$273 million proprietary claim. Led by Blair Leahy KC and Rupert Hamilton of Twenty Essex. Instructed by Campbells.
• Acting on behalf of corporate trustees in a confidential claim before the Royal Court of Guernsey, seeking a Category 2 blessing of sanctions and insolvency decisions relating to a trust over lifestyle assets worth c. £100 million. Led by Donald Lilly KC. Instructed by Peters & Peters.
• In the Matter of John Barnes: Acting for the liquidators of John Barnes Media Limited in a high-profile bankruptcy petition against former England footballer John Barnes, arising out of a £235,000 director’s loan account. This attracted press coverage by the BBC and Sky News. Instructed by Penningtons Manches Cooper.
• Securing an order for the remuneration of liquidators, in the High Court (as sole counsel). Instructed by Cripps.
• Obtaining an order for the sale of a bankrupt’s property on behalf of a trustee in bankruptcy pursuant to s. 335A of the Insolvency Act 1986 (as sole counsel). Instructed by Cripps.
• Carton-Kelly v Darty Holdings SAS [2023] EWCA Civ 1135: Assisting Tiran Nersessian and Andreas Gledhill KC of Blackstone Chambers in preparing the liquidator’s response in the hearing before the Court of Appeal of a £100 million preference claim arising out of the collapse of Comet, the electrical retailer.
• Drafting advice on the scope of “property” under s. 436 of the Insolvency Act 1986, to determine whether certain ex gratia payments to certain discharged bankrupts would vest in the trustee in bankruptcy. (Assisting Tiran Nersessian.)
• As a pupil, Honor drafted advice on the interaction between s. 125 of the Building Safety Act 2022, legislation enacted in the wake of the Grenfell Tower tragedy, and the pari passu principle under the Insolvency Act 1986. (Assisting Tiran Nersessian.)
• Drafting winding-up petitions on behalf of the petitioning creditor, relating to a c. US$200 million luxury property development in Bermuda. (As a pupil, assisting Donald Lilly and Barry Isaacs KC of South Square.)
• As a pupil, Honor assisted Alexander Cook KC in an insolvent construction company’s application to remove a liquidator pursuant to s. 171(2)(b) of the Insolvency Act 1986.

Honor has a broad range of arbitration experience and has acted in LCIA, ICC and ad hoc arbitrations. She has also co-authored a chapter on investor-state arbitrations in the Arbitrator’s Handbook (LexisNexis, 2022). Her experience includes:

• An ICC arbitration: Acting for a Malawi construction company in a substantial claim arising from alleged breaches of a railway construction contract. Led by Chintan Chandrachud of Brick Court Chambers. Instructed by Howard Kennedy.
• A confidential ad hoc arbitration: Honor acted in a shareholder dispute concerning the enforcement of a court-ordered demerger of a substantial property holding company. The dispute settled following arbitration. Led by Alexander Cook KC and Nicholas Wright. Instructed by CANDEY.
• An LCIA arbitration: As a pupil, Honor assisted George Bompas KC in the six-day liability trial of a substantial claim for breach of an international distribution agreement brought against a luxury cosmetics business.

Honor has experience of disputes in various offshore jurisdictions, including the Cayman Islands, Guernsey, the Dubai International Finance Centre (DIFC), the BVI and Bermuda. Cases include:

• Ascentra Holdings, Inc. (in Official Liquidation) v Ryunosuke Yoshida & Ors: Acting for the Cayman Official Liquidators of the claimant company in a US$273 million proprietary claim. Led by Blair Leahy KC and Rupert Hamilton of Twenty Essex. Instructed by Campbells.
• Acting on behalf of corporate trustees in a confidential claim before the Royal Court of Guernsey, seeking a Category 2 blessing of sanctions and insolvency decisions relating to a trust over lifestyle assets worth c. £100 million. Led by Donald Lilly KC. Instructed by Peters & Peters.
• Sawhney v Credit Suisse AG [2023] CFI 06/22021: A US$7.5 million claim in the DIFC for the alleged mis-selling of investment products. Honor assisted Sharif Shivji KC and Guy Olliff-Cooper in their defence of the bank. Instructed by Al-Tamimi & Company.
• Von Der Heydt Invest S.A. v MultiBank FX International Corporation BVIHCMAP2022/0008: As a pupil, Honor assisted Alexander Cook KC and Guy Olliff-Cooper in several interlocutory applications before the Eastern Caribbean Court of Appeal, in support of a €36 million claim to set aside a consent order said to have been obtained by fraud.
• Sian Participation Corp & Ors v Domidias Limited & Ors BVIHCOM2021/0012: Honor drafted advice on the appropriate forum for a conspiracy claim brought in the BVI, in connection with an English claim alleging breach of option agreements over shares in a major Russian shipping company. (As a pupil, assisting Donald Lilly and Blair Leahy KC of Twenty Essex.)
• Drafting advice on the interpretation of pre-emption provisions contained in a DIFC company’s Articles of Association and Shareholders’ Agreement. (As a pupil, assisting Richard Hill KC.)
• As a pupil, Honor prepared winding-up petitions on behalf of the petitioning creditor, relating to a c. US$200 million luxury property development in Bermuda. (Assisting Donald Lilly and Barry Isaacs KC of South Square.)

As a pupil, Honor assisted Alexander Cook KC with several actions on behalf of the Government under the Proceeds of Crime Act 2002 (POCA), including:

• Serious Fraud Office v Karimova & Ors: Assisting Alexander Cook KC and Andrew Sutcliffe KC of 3 Verulam Buildings in the Serious Fraud Office’s claim against Gulnara Karimova, the eldest daughter of the former President of Uzbekistan, in respect of a £22 million property portfolio which is alleged to represent part of the proceeds of many millions of dollars in bribes.
• Assisting with preparation for the trial of an application brought under s. 298 of POCA, in which HMRC sought the forfeiture of £200,000 in cash.
• Drafting advice on the application of s. 32(1) of the Limitation Act 1980 to civil recovery proceedings brought under Part V of POCA.
• Drafting the skeleton argument in support of an application for disclosure under s. 357 of POCA. (Assisting Alexander Cook KC and Elizabeth Walsh.)

• Member, Commercial Bar Association
• Member, Chancery Bar Association
• Member, Young Fraud Lawyers Association
• Vice-President, Lincoln’s Inn Student Association, 2021-2022

Qualifications

• BVS, City Law School (Merit) (2022)
• GDL, City Law School (Distinction) (2021)
• MA English Language and Literature, Christ Church, Oxford (First Class) (2020)

Scholarships & Prizes

• Scholarship for Academic Excellence, City Law School (2021)
• Lord Denning Scholarship, Lincoln’s Inn (2021)
• Winner, Inner Temple Inter-Varsity Moot (2021)
• Lord Haldane Scholarship, Lincoln’s Inn (2020)
• Final Honours School Book Prize, Christ Church, Oxford (2020)
• E.T. Warner Prize, Christ Church, Oxford (2019)
• Academic Exhibition, Christ Church, Oxford (2019)

• Dr Chintan Chandrachud and Honor Brocklebank-Fowler, ‘Reform of Investor-State Dispute Settlement’ in Shashank Garg (ed), Arbitrator’s Handbook (LexisNexis 2022)