Fountain Court Chambers

London & Singapore

Alexandra WhelanCall Date: 2016

Alexandra practises in commercial litigation, the regulation of financial and legal services, public law, and other areas of Chambers’ practice. She has appeared in the County Court, High Court, and Solicitors Disciplinary Tribunal (both as sole counsel and led).

Before transferring to the Bar, Alexandra qualified as an Australian lawyer in 2011 and worked in the Dispute Resolution group at King & Wood Mallesons and as an Associate (judicial assistant) at the Federal Court of Australia.

Call date: England and Wales 2016; Victoria, Australia 2011.

Areas of Expertise

  • Administrative & public law
  • Aviation
  • Banking & finance
  • Commercial dispute resolution
  • Employment
  • Financial services
  • Fraud: civil
  • Media, entertainment & sport
  • Professional discipline
  • Professional negligence

Recent Practice

Alexandra has a wide range of experience in commercial and civil matters across Chambers’ main areas of practice. A summary of Alexandra’s recent practice is set out below.

 

Aviation

  • Regularly appearing in the County Court in claims for compensation under Regulation 261/2004 (as sole counsel).
  • Regularly appearing in claims against airlines alleging breach of contract, negligence and/or under the Montreal Convention (as sole counsel).

 

Banking and Financial Services

  • Regularly appearing for Banks in defending claims before the County Court alleging, amongst other things, misrepresentation, breach of contract, negligence, and breaches of the Data Protection Act 1998 (as sole counsel).
  • Advising Banks on their legal and regulatory obligations concerning complaints and the Financial Services Ombudsman process (as sole counsel).
  • Advising regulators on matters relating to PSD2, contract law, and judicial review.
  • Alexandra also gained a broad experience of financial services work by assisting members in a range of matters during pupillage, including:
    • advising on and defending claims concerning the alleged mis-selling of interest rate hedging products; and
    • advising on financial regulatory issues, including the powers and competencies of the FCA and FOS, and the Financial Services Handbook.

 

Commercial Dispute Resolution

  • Avonwick Holdings Limited v Azitio and others: acting for the claimant and others in an eight week trial of a billion dollar claim and counterclaims, raising issues of governing law, foreign law (Ukrainian), civil fraud, contract, and restitution (with Neil Calver QC, Edward Ho, and Ben Woolgar).
  • European Film Bonds A/S and others v Lotus Holdings LLC and others [2019] EWHC 2116 (Ch): acting for three defendants in an application for a stay of proceedings under the Arbitration Act and/or the Court’s inherent jurisdiction (with Laura John).
  • Acting for a Chinese individual and Hong Kong company in proceedings in the High Court concerning a complex, multi-jurisdictional commercial dispute about a joint venture interest in multi-million-pound global assets and raising issues of Chinese, Hong Kong, Luxembourg, and English law; appearing for the same clients in resisting an application for security for costs (with James McClelland).
  • Acting for the defendant in proceedings in the County Court alleging breach of contract in the context of an employment relationship (as sole counsel).
  • Acting for the claimants in bringing proceedings for breach of contract, applying for default judgment, and advising on jurisdictional matters (as sole counsel).
  • Acting for the defendant/counterclaimant in a nuisance claim before the County Court (as sole counsel).

 

Competition

  • Unlockd Ltd and others v Google Ireland Ltd and others [2018] EWHC 1363 (Ch): acting for the claimants in the High Court in bringing proceedings under the Competition Act 1998 for abuse of dominant position; appearing for the claimants/applicants in bringing applications for service out of the jurisdiction and by alternative means, an interim injunction, a confidentiality order, and an expedited hearing (with Rhodri Thompson QC and Nicholas Gibson).

 

Professional Discipline and Professional Negligence

  • Solicitors Regulation Authority v Ehsan Kabir & Lauren Anderson: acting for the SRA in a disciplinary matter in the Solicitors Disciplinary Tribunal (with Chloe Carpenter), with an ancillary application in the High Court (as sole counsel).
  • Solicitors Regulation Authority v Andrew Abereoje: acting for the SRA in an application for variation of conditions on a practice certificate and costs hearing in the Solicitors Disciplinary Tribunal (as sole counsel).
  • Alexandra also gained broad experience of professional discipline and professional negligence work during pupillage, including assisting counsel with advice on disciplinary action against solicitors by the SRA and the scope and effect of the regulatory framework.

Education

Bar Transfer Test, BPTC (2016).

MPhil in Law (Distinction), New College, Oxford University (2015 – 2016).  Thesis on ‘The Fiduciary Relationship’, supervised by Professor John Gardner.

Bachelor of Civil Law (Distinction), New College, Oxford University (2014 – 2015).

College of Law and admitted to practise as an Australian Lawyer (2011).

Bachelor of Law (First Class Honours), and Bachelor of Arts (Major in History and Minor in French), The University of Melbourne (2005 – 2010).

Scholarships & Prizes

Law Faculty Graduate Prize for Philosophical Foundations of the Common Law (Oxford University, 2015).

Allan Myers Oxford University Scholarship (Oxford University, 2014 – 2015).

Ormond Scholar (Law) award (Ormond College, The University of Melbourne, 2006).

Ormond College Centenary Scholarship (Ormond College, The University of Melbourne, 2005).

Other Experience

Teaching Fellow, University College London (Property II course which covered trusts law and related equitable doctrines) (2015 – 2016).

Associate (judicial assistant) to the Hon Justice Julie Dodds-Streeton and, subsequently, to the Hon Justice Jennifer Davies, Federal Court of Australia (2013 – 2014).

Solicitor, Dispute Resolution, King & Wood Mallesons (Melbourne, Australia) (2012 – 2013).

Graduate lawyer, King & Wood Mallesons (Melbourne, Australia) (2011).

Volunteer lawyer, Homeless Persons’ Legal Clinic (Melbourne, Australia) (2011 to 2013) and night service, Fitzroy Legal Service (Melbourne, Australia) (2013 – 2014).

Publications

Co-author (with Joshua Getzler), ‘Common Law and the Constraint of Financial Markets: Credit Rating Agencies as a Test Case’ in Kit Barker, Karen Fairweather, and Ross Grantham (eds), Private Law in the 21st Century (Hart Publishing, 2017), ch 13.

‘Proprietary rescission and the impact of insolvency’ (2012) 23(1) Journal of Banking and Finance Law and Practice 3.

Languages

French (fluent)


BSB Barristers' Register