Luke Hard

Luke accepts instructions at all stages of commercial disputes, including pre-action advice, pleadings, interim applications, trial and settlement. Luke’s recent commercial dispute resolution experience includes:

• An opinion on the merits of a dispute arising out of the asset sale of a business and drafted amends to existing pleadings (as a pupil, assisting Emma Horner)
• An opinion on the merits of potential contempt/committal proceedings for breach of a Court order to deliver up, among other things, IT equipment to an independent IT expert pursuant to an application made by a company’s liquidators under ss234-237 Insolvency Act 1986 (as a pupil, assisting Joseph Wigley)
• Drafting a skeleton argument for a pre-trial review, including applications to withdraw an admission and for relief from sanctions arising out of non-compliant witness evidence (as a pupil, assisting Emma Horner)
• Drafting a skeleton argument for a disclosure hearing in proceedings in the ADGM courts in a dispute concerning fees allegedly due under a fund management agreement (resisting the claimant’s applications for further specific disclosure and seeking further specific disclosure on behalf of the defendant in support of their defence and their counterclaim) (as a pupil, assisting Joseph Wigley)
• A note on the merits of a threatened application for a freezing injunction in the ADGM courts and drafted responsive correspondence (as a pupil, assisting Joseph Wigley)
• Drafting an unfair prejudice petition pursuant to s994 Companies Act 2006 involving issues of quasi-partnerships, exclusion from management and breach of directors’ duties, including the diversion of company assets at potential undervalue (as a pupil, assisting Joseph Wigley)
• Drafting a witness statement and skeleton argument resisting an application for various interim remedies, including interim payment (as a pupil, assisting James Knott)

Luke accepts instructions in cases involving civil fraud. Luke’s recent experience in this area includes:

• An opinion on the merits of claims in, among other things, fraudulent misrepresentation / deceit, negligent misrepresentation, innocent misrepresentation and negligent misstatement arising from the sale of shares (as a pupil, assisting Emma Horner)
• Assisting Donald Lilly KC (as a pupil) in a trial of a preliminary issue on the law applicable to applications under s281 Proceeds of Crime Act 2002 concerning the fruits of a substantial Ponzi scheme fraud committed in China in the form of over US$4bn worth of bitcoin
• Drafting a skeleton argument and drafting oral submissions in an appeal concerning, among other things, a claim involving allegations of fraud under foreign law asserted by purported creditors seeking to convert a members’ voluntary liquidation (MVL) to a creditors’ voluntary liquidation (CVL) (as a pupil, assisting Donald Lilly KC)

Luke accepts instructions in a wide range of commercial chancery matters, including unfair prejudice petitions, disputes involving breaches of directors’ duties and fiduciary duties, as well as partnership disputes. Luke’s recent commercial chancery experience includes:

• Assisting Emma Horner (as a pupil) in a Part 8 claim concerning the meaning and effect of a company’s articles of association
• Drafting an unfair prejudice petition pursuant to s994 Companies Act 2006 involving issues of quasi-partnerships, exclusion from management and breach of directors’ duties, including the diversion of company assets at potential undervalue (as a pupil, assisting Joseph Wigley)
• Drafting grounds of appeal and a skeleton argument for permission to appeal an ad hoc arbitration award under s69 Arbitration Act 1996 on a point of law relating to the construction of a settlement agreement between former members of a partnership (as a pupil with James Knott)

Luke is particularly interested in resolving disputes using out of court processes, including mediation. He obtained a Distinction in the mediation advocacy elective as part of his LLM in Bar Vocational Studies (with specialism in International Commercial Trade and Dispute Resolution). Before undertaking pupillage, Luke administered mediations for an arbitration and mediation institution and has attended a number of mediations involving leading mediators. Luke has also published thought leadership on the benefits of mediation.

Luke’s recent ADR experience includes:

• Drafting without prejudice correspondence proposing commercial settlement terms and the defendants’ position on merits of dispute and outstanding interim applications brought by the claimant (as a pupil, assisting James Knott)

During his time leading the secretariat team at an arbitration and mediation institution, Luke was responsible for administering high-value arbitration and mediation cases. Luke was additionally involved in drafting sets of arbitral rules (including those that have been the subject of industry awards and nominations) and rules for dispute resolution schemes.

In the course of his fee earning roles in the international arbitration team at a leading international law firm, Luke worked on commercial arbitrations under the rules of various arbitral institutions including the LCIA, ICC and HKIAC, as well as investor-state disputes. In his professional support roles, he supported the firm’s global arbitration team by drafting thought leadership, delivering training sessions and researching complex questions of arbitration law and practice.

Luke’s recent arbitration experience includes:

• Drafting grounds of appeal and a skeleton argument for permission to appeal an ad hoc arbitration award under s69 Arbitration Act 1996 on a point of law relating to the construction of a settlement agreement between former members of a partnership (as a pupil with James Knott)

Luke accepts instructions in a wide range of insolvency work. His recent insolvency and restricting experience includes:

• Instructions to appear in winding up petitions in the High Court
• Obtaining a three-month adjournment on behalf of a debtor in bankruptcy proceedings for the purposes of finalising an IVA (instructed while a pupil)
• Drafting a skeleton argument seeking to discharge an interim order granted in favour of a debtor under s253 Insolvency Act 1986 following the report of a nominee in respect to the contents of the debtor’s IVA proposal (as a pupil, assisting Joseph Wigley)
• Drafting a skeleton argument and drafted oral submissions in an appeal concerning, among other things, a claim involving allegations of fraud under foreign law asserted by purported creditors seeking to convert a members’ voluntary liquidation (MVL) to a creditors’ voluntary liquidation (CVL) (as a pupil, assisting Donald Lilly KC)
• An opinion on the merits of potential contempt/committal proceedings for breach of a Court order to deliver up, among other things, IT equipment to an independent IT expert pursuant to an application made by a company’s liquidators under ss234-237 Insolvency Act 1986 (as a pupil, assisting Joseph Wigley)

LLM Bar Vocational Studies (with specialism in International Commercial Trade and Dispute Resolution), City, University of London: Distinction

MA, University of Cambridge (Law Tripos, Pembroke College) (First Class)

• City Law School Bar Vocational Studies Scholarship, City, University of London
• William Shaw Scholarship, Gray’s Inn
• Foundress Prize, Pembroke College, University of Cambridge
• College-level prize, Pembroke College, University of Cambridge