Honor Brocklebank-Fowler

Honor’s experience in this area includes:

• Sawhney v Credit Suisse AG [2023] CFI 06/22021: Assisting Sharif Shivji KC and Guy Olliff-Cooper in their defence of the bank in a US$7.5 million claim in the DIFC for the alleged mis-selling of investment products.
• Acting, led by Nicholas Wright and Hossein Sharafi, 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.

In practice, Honor has acted as sole counsel on behalf of both claimants and defendants in contractual disputes. She also has experience advising on questions of jurisdiction and forum conveniens. In pupillage, Honor’s experience included the following:

• Assisting George Bompas KC in an LCIA arbitration of a claim for breach of an international distribution agreement. Honor assisted with all aspects of trial, including drafting the Claimant’s skeleton argument, closing submissions and cross-examination material.
• 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 (led by Blair Leahy KC).)
• Drafting an application for a freezing injunction including the skeleton argument, application notice and draft order, in connection with a claim for unlawful means conspiracy. (Assisting James Knott (led by Andrew de Mestre KC).)
• PJSC National Bank Trust v Mints & Ors [2023] EWHC 118 (Comm): Assisting James Knott (led by John Machell KC) in his representation of the corporate trustee of a Cayman STAR trust, at the hearing of a stay application arising from the effect of Russian sanctions on conspiracy claims brought by two Russian banks. This is the leading case on the impact of the Russian sanctions regime on English litigation.
• Eli Lilly & Co v Teva Pharmaceutical Industries Limited [2023] EWHC 68 (Ch) Drafting the skeleton argument for the defendant company’s successful resistance of a preliminary issue trial in connection with an international patent dispute. (Assisting James Knott (led by Richard Millett KC).)

Honor has considerable experience of company law disputes, including the following:

• Saxon Woods v Costa & Ors [2024] EWHC 387 (Ch): Acting (led by Richard Hill KC and Lara Hassell-Hart) for the primary respondent in the 18-day trial of an unfair prejudice petition concerning shareholders’ duties to facilitate the sale of a company.
• Representing (led by Alexander Cook KC and Nicholas Wright) the respondent wife in an ad hoc arbitration concerning the treatment of disputed payments made out of a company, allegedly in breach of various court orders and undertakings, as well as in breach of the Claimant’s director’s duties.
• Davies v Ford [2023] EWCA Civ 167: As a pupil, assisting Alexander Cook KC and Daniel Kessler in their successful resistance of the Respondent’s application to appeal to the Supreme Court. This arose from a c.£4m+ equitable compensation and dishonest breach of fiduciary duty claim concerning the diversion of a waste recycling business heard before the Court of Appeal.
• Gill v Thind [2023] EWCA Civ 1276: Drafting the appellant’s skeleton argument and grounds of appeal for the Court of Appeal hearing, in an unfair prejudice petition concerning the beneficial ownership of shares in three companies. (Assisting Donald Lilly, as a pupil).
• Assisting Tiran Nersessian (as a pupil) 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 the trial skeleton argument and cross-examination material.
• Haider v Delma Engineering Projects Company LLC [2023] EWHC 218 (Ch): As a pupil, drafting a Request for Further Information in relation to the second stage hearing of the claimant’s derivative claim application. This arose from an alleged trade finance fraud worth c. £242m. (Assisting Donald Lilly (led by Robert Thomas KC).)
• 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, assisting Albert Sampson in drafting the skeleton argument on behalf of HMRC, for the trial of a claim concerning alleged unlawful distributions of capital. This involved close analysis of the company’s accounts to resolve whether or not profits were available to make the distributions.
• As a pupil, assisting Lara Hassell-Hart in defending a claim concerning the proper ownership of company shares and alleged breaches of directors’ duties. Honor provided key assistance in the preparation for trial, including in relation to cross-examination, the trial skeleton argument, and important questions of evidence.

In both practice and in pupillage, Honor has had exposure to a number of civil fraud matters, including:

• Byers v Saudi National Bank [2023] UKSC 51: As a pupil, drafting the skeleton argument for the Supreme Court appeal in a claim for knowing receipt of shares worth $318m at the date of transfer. This is the leading authority on knowing receipt under English law. (Assisting James Knott (led by Jonathan Crow KC).)
• Von Der Heydt Invest S.A. v MultiBank FX International Corporation BVIHCMAP2022/0008: Assisting Alexander Cook KC and Guy Olliff-Cooper (as a pupil) in several interlocutory applications before the Eastern Caribbean Court of Appeal, arising from a €36m claim to set aside a consent order said to have been obtained by fraud.
• Haider v Delma Engineering Projects Company LLC & Ors [2023] EWHC 218 (Ch): As a pupil, drafting a Request for Further Information for the Fifth Defendant in relation to an alleged trade finance fraud worth c. £242m. (Assisting Donald Lilly (led by Robert Thomas KC).)
• Acting for the claimants (led by Nicholas Wright and Hossein Sharafi) on a pro bono basis in substantial fraud and regulatory proceedings arising from an alleged Ponzi scheme.

Honor has a strong grounding in insolvency matters. In practice, she has acted in bankruptcy petitions, winding up petitions and associated applications. Her experience as a pupil included the following:

• Carton-Kelly v Darty Holdings SAS [2023] EWCA Civ 1135: Assisting Tiran Nersessian (led by Andreas Gledhill KC) in preparing the liquidator’s response in the hearing before the Court of Appeal of a £100m+ 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, for the purposes of proposed ex gratia payments to bankrupted individuals. (Assisting Tiran Nersessian.)
• Drafting 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. $200m luxury property development in Bermuda. (Assisting Donald Lilly (led by Barry Isaacs KC).)
• Assisting Alexander Cook KC in an insolvent company’s application to remove a liquidator pursuant to s. 171(2)(b) of the Insolvency Act 1986.
• Assisting Donald Lilly in providing advice on the proper procedure for bringing a bankruptcy petition before the court where it was not possible to effect personal service of the relevant statutory demand.

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

• Sawhney v Credit Suisse AG [2023] CFI 06/22021: Assisting Sharif Shivji KC and Guy Olliff-Cooper in their defence of the bank in a US$7.5 million claim in the DIFC for the alleged mis-selling of investment products.
• Von Der Heydt Invest S.A. v MultiBank FX International Corporation BVIHCMAP2022/0008: As a pupil, assisting Alexander Cook KC and Guy Olliff-Cooper in various interlocutory applications before the Eastern Caribbean Court of Appeal, arising from a €36m claim to set aside a consent order said to have been obtained by fraud.
• Sian Participation Corp & Ors v Domidias Limited & Ors BVIHCOM2021/0012: As a pupil, assisting Donald Lilly (led by Blair Leahy KC) in 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.
• As a pupil, drafting advice on the interpretation of pre-emption provisions contained in a DIFC company’s Articles of Association and Shareholders’ Agreement. (Assisting Richard Hill KC.)
• As a pupil, preparing winding-up petitions on behalf of the petitioning creditor, relating to a c. $200m luxury property development in Bermuda. (Assisting Donald Lilly (led by Barry Isaacs KC).)

Honor’s experience as a pupil included the following:

• Serious Fraud Office v Karimova & Ors: Assisting Alexander Cook KC (led by Andrew Sutcliffe KC) in the Serious Fraud Office’s application for a management receivership order over a £22m property portfolio alleged to represent the proceeds of millions of dollars in bribes.
• Assisting Alexander Cook KC in his preparation for the trial of an application brought under s. 298 of the Proceeds of Crime Act 2002 (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. (Assisting Alexander Cook KC.)
• Drafting the skeleton argument for a disclosure order application under s. 357 of POCA. (Assisting Alexander Cook KC and Elizabeth Walsh.)

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

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