Anneliese Day QCCall Date: 1996 | Silk Date: 2012

‘She has laid waste to a number of witnesses and it’s been money well spent – there’s no limit to the amount of effort she’ll put in, an absolute Rockstar at the top of her game. ’
The Legal 500: International Arbitration

‘A standout genius. She is stupendously talented. Very experienced in heavy cases and unflappable on her feet.’
The Legal 500: Professional Negligence

“Like an iron fist in a velvet glove, she cross-examines witnesses very well and gets to the heart of the case very quickly.” “She acts directly and quickly on the key issues.”
Chambers & Partners: Commercial Dispute Resolution

‘A top advocate – really gets people listening to what is important, and filters out all the rubbish, also just a pleasure to work with.’
The Legal 500: Commercial Litigation

“Instructing her is like sending your opponent a battering ram with a first-class stamp. She is frighteningly bright, superb on her feet, completely unflappable, has an exceptional work ethic and is blessed with an incredible memory for detail.” “A formidable and very able advocate.”
Chambers & Partners: Commercial Dispute Resolution

‘Decisive and really good at getting to the heart of complex issues. She doesn’t sit on the fence, has the courage of her convictions, and her written submissions are simply outstanding.’
The Legal 500: Insurance Reinsurance

‘Piercing intellect, good manner with clients and hard-working. Identifies and grapples with the central issues quickly and succinctly.’
The Legal 500: Energy and Construction

‘Did an excellent job, and brings a superb combination of intellect, practicality and approachability, the quality of her drafting was particularly high.’
The Legal 500: International Arbitration: Arbitrators

Anneliese is ranked in the legal directories for:

Chambers & Partners

• Commercial Dispute Resolution
• Construction – ‘Star at the Bar’
• Energy & Natural Resources
• Insurance
• International Arbitration: Construction/Engineering – Band 1
• Professional Negligence
• Professional Negligence: Technology & Construction
• Construction – UK (Global)
• Dispute Resolution: Commercial – UK (Global)

The Legal 500

• Professional Negligence – Tier 1
• Commercial Litigation
• Construction – Tier 1
• Energy
• Insurance & Reinsurance
• International Arbitration: Counsel
• International Arbitration: Arbitrators
• Middle East: The English Bar: Commercial
• Asia Pacific: The English Bar: Construction, Energy and Infrastructure
• Asia Pacific: The English Bar: Commercial

International Arbitration

• Leading an arbitration concerning Trinidad’s road network following the termination of a $350 million FIDIC contract.
• Acting as lead co-counsel in one of the largest SIAC arbitrations heard in 2018 between Samsung and Duro arising out of the Roy Hill Iron Ore project in Western Australia where over $1 billion is in dispute.
• Acting for Canadian mining company in an ICSID claim against the Republic of Kazakhstan which was heard in Washington DC and London.
• Acting in an ICC arbitration on behalf of Middle Eastern employer in relation to the design and construction of a cement plant pursuant to a FIDIC contract.
• Advised on a dredging dispute in Hong Kong.
• Acting on behalf of both employers and contractors in relation to joint venture projects concerning nuclear installations both in the UK and abroad.  Anneliese’s extensive experience encompasses both military and civil nuclear implicated design and construction projects, including nuclear power stations and submarines. She has acted in numerous ICC and LCIA arbitrations in this context.
• Acting as an arbitrator in relation to a dispute concerning a gas fired power station.
• Acting as counsel on behalf of a Port Authority in dispute with a wind turbine manufacturer.
• Acting as arbitrator in a shipbuilding dispute concerning delayed delivery and alleged defects.
• Acting as arbitrator in a dispute concerning alleged wrongful termination of a sub-contract relating to the construction of an underground station.
• Advising and acting for employer in relation to design and construction of luxury hotels in Europe.
• Acting as arbitrator in a FIDIC dispute concerning the construction of two multi use towers in Dubai on reclaimed land.
• Acting as counsel in an arbitration concerning the construction of the Crescent Development Project in Baku, Azerbaijan.
• Acting for an airline in respect of a dispute arising out of the faulty construction of aircraft engines.
• Acting for a US multinational in an LCIA arbitration arising out of an explosion at a chemical plant in the US.
• Acting for an employer under a FIDIC contract in relation to the construction of apartment blocks in the Middle East.
• Acting on behalf of a French telecommunications company in respect of an ICC arbitration.
• Acting on behalf of the respondent to a commercial dispute between employer and former employee concerning oil contracts in the Middle East.
• Advising on ICC rules and whether a party appointed arbitrator should recuse himself as a result of potential conflicts of interest.
• Acting in the first ever case to be brought before the Dubai Financial Markets Tribunal.
• Acting as arbitrator in a dispute concerning restraint of trade.

Anneliese was appointed  as a member of the LCIA Court with effect from May 2019 and to the SIAC panel of arbitrators September 2019.

Commercial Dispute Resolution

• Gwynt y Môr OFTO Plc v Gywnt y Môr Offshore Wind Farm Limited and ors [2020] EWHC 850 (Comm): Acting for the operating company of the second largest offshore wind farm in defence of a claim by the purchaser in the Commercial Court. The case involved complex issues relating to the contractual construction of the Sale and Purchase Agreement.
• Successfully acting for BTI in resisting a strike out/summary judgment application made by PWC in respect of a claim against PwC, relating to their audit of 2007 and 2008 accounts of Windward Prospects Limited.
• Acting on behalf of Deloitte & Touche in respect of a claim for $128 million by minority shareholders of the former Lebanese Canadian Bank. Money laundering and funnelling of funds are alleged.
• Acting in a high-profile claim brought by a Welsh Government body against its advisers for breach of contract and negligence. Losses of £50 million are being claimed.
• Acting in a £50 million claim for over 100 investors who invested in a film finance scheme against a prominent tax silk.
• Acting for Brazilian claimants in a high-profile claim against a leading law firm in the Cayman Islands (Walkers) in relation to a conflict of interest where allegations of fraud made during trial.
• Acting for the Saudi defendants in a high-profile dispute between various overseas parties involved in the ownership and management of an English telecommunications company, featuring allegations of unfair prejudice, breach of contract and breach of fiduciary duty.
• Acting for a Hong Kong company pursuing an Austrian party in respect of a joint venture concerning IP rights in relation to agrochemicals.
• Recovering very significant monies due under a letter of credit in relation a Trinidadian road dispute, including successfully defending the bank’s attempt to challenge enforcement in the Court of Appeal.
• Bringing a £60 million claim against surveyors arising out of the valuation of a number of extremely large commercial properties in the UK involving securitisation issues.
• Obtaining an injunction on behalf of Bentley Motor Cars so as to enable production to continue.
• Acting for a pathological gambler suing William Hill bookmakers.
• Advising and appearing in High Court and related arbitration proceedings in a complex commercial dispute arising out of the breakup of an insolvency practice.
• Acting on behalf of Vision Express in respect of a commercial dispute with a franchisee in Jersey.
• Claim by bank against a guarantor arising out of the collapse of commercial loan portfolio.
• Acting on behalf of DSG in relation to commercial dispute arising out of the supply of televisions.
• Acting for the park managers in a multi-party £80 million dispute arising out of a fire at Magna Park warehouse.
• Acting on behalf of the defendant to a commercial dispute between employer and former employee concerning oil contracts in the Middle East.
• Acting in a high-profile dispute between various overseas parties involved in the ownership and management of an English telecommunications company, featuring allegations of unfair prejudice, breach of contract, breach of fiduciary duty and fraud.
• Resisting injunctive relief being obtained against Middle Eastern client in the UK in a case involving jurisdictional issues and allegations of fraud.
• Advising on claims against investment funds and investment advisers following the Madoff scandal.
• Acting in family dispute involving high net worth individuals in the UK arising out of contentious probate proceedings and related allegations of breach of trust and professional negligence.
• Acting for investors following the collapse of the Ritz Carlton deckhouses development in the Cayman Islands.
• Advising and acting on behalf of claimants suing financial advisers in light of collapse of Icelandic banks.
• Acting on a multi-million claim relating to a fraud on an investment management company allegedly perpetrated by one of its directors, involving freezing and proprietary injunctions.

Construction & Energy

• Gwynt y Môr OFTO Plc v Gywnt y Môr Offshore Wind Farm Limited and ors [2020] EWHC 850 (Comm): Acting for the operating company of the second largest offshore wind farm in defence of a claim by the purchaser in the Commercial Court. The case involved complex issues relating to the contractual construction of the Sale and Purchase Agreement.
• Acting in an arbitration concerning a significant termination dispute relating to the construction of a large data centre for an American technology company.
• Instructed to advise on an issue of contractual interpretation in relation to a wind farm in Scotland, specifically relating to breach of contract which led to multi-million-pound losses.
• Acting as lead co-counsel in one of the largest SIAC arbitrations heard in 2018 between Samsung and Duro arising out of the Roy Hill Iron Ore project in Western Australia where over $1 billion is in dispute.
• Acting on behalf of Capita in respect of a claim brought against it by Morgan Sindall arising out of the refurbishment works at Lancashire County Cricket Club.
• Acting in one of the highest value construction disputes in the UK arising out of the construction of a jetty for berthing nuclear submarines at Faslane in Scotland.
• Acting on behalf of the developer of an extremely high-profile development in Azerbaijan in an arbitration where our client is being pursued by its construction manager for sums in excess of $60 million.
• Acting in a high-profile arbitration in Trinidad concerning Trinidad’s road network following the termination of a $350 million contract with a Brazilian contractor.
• Instructed in a complex technical UNCITRAL arbitration arising out of the decommissioning of nuclear facilities in Lithuania.
• Acting on behalf of the winning party (both at first instance and on appeal) in the landmark case of Walter Lilly v Mackay, giving her particular expertise in relation to delay and global claim issues at both a theoretical and practical level. Following Walter Lilly, she has been asked to give seminars in a number of jurisdictions, including advising on how the decision can be used in a FIDIC and NEC context.
• Acting for Beck Interiors in relation to a dispute concerning the refurbishment of the Lanesborough Hotel in London.
• Acting for the successful claimant in a case concerning the former London Stock Exchange.  The court ordered a contractor to pay £14.7 million in damages following the failure of toughened glass used to clad a central London office block. The breakages were found to have been caused by the contractor’s breach of its contractual obligations to heat soak all of the glass in accordance with European Standard EN 14179 2005.
• Acting on a number of high-profile road related PFI disputes in the UK, including successfully taking all the way to the Court of Appeal a dispute concerning the entirety of Birmingham’s Road network, the largest PFI project in the UK.  She also recently appeared in a series of expert determinations and related court proceedings concerning the M25 road network.
• Acting on behalf of a UK Port Authority in a significant dispute with a wind turbine manufacturer which was successfully resolved in her client’s favour following the commencement of an arbitration.
• Acting on a series of high-profile and complex adjudications for a contractor in relation to the construction of a large wind farm in Scotland which led to the resolution of a five-year dispute, including flying to Scotland at short notice and directing a large number of witnesses and experts in preparation for the adjudications.
• Advising an employer on the proposed termination of a large wind farm project.
• Acting on behalf of Amec and Morgan Sindall as one of two lead counsel in a claim against the Ministry of Defence relating to Faslane nuclear submarine facility in Scotland in a dispute worth £300 million, one of the biggest disputes in the UK in recent times.
• Acting on behalf of a large civil engineering contractor in Northern Ireland in relation to a number of infrastructure disputes, including acting as counsel in the Belfast Harbour Commissioners v McLaughlin & Harvey v Doran, a huge £20 million professional negligence claim pertaining to the plan for the construction of Belfast Harbour.
• Acting for the Irish Government in a large road dispute, including successfully defeating a large value adjudication claim.
• Acting on behalf of the UK government in relation to an arbitration concerning the termination of a PFI contract with a private contractor concerning military dogs.
• Acting for a number of waste contractors in relation to complex PFI disputes involving both joint venture and employer contractor disputes.  Her experience in this area includes leading a number of adjudications and advising on related court proceedings in Northern Ireland.
• Acting on behalf of a US record company in £40 million dispute against project managers in respect of the construction of an automated distribution warehouse.
• Acting for the UK government in a dispute concerning the construction of the M56 and M6 motorway, including successfully pursuing claims against both consultants and contractors.
• Acting on behalf of AMEC in a dispute with EDF arising out of the construction of a gas fired power station.
• Acting for an airline in respect of a dispute arising out of the faulty construction of aircraft engines.
• Acting on behalf of Multiplex in relation to disputes arising out of the construction of Wembley Stadium.
• Acting for a contractor in relation to disputes arising out of hotel installations at Heathrow Terminal 5.
• Acting on behalf of park managers in respect of a fire at a warehouse asserting to have caused £80 million worth of damage to goods owned by an international clothing retailer.
• Successfully overturning an adjudicator’s decision on natural justice grounds.  Thereafter instructed in the subsequent £40 million dispute concerning cabling in relation to London Underground.
• Acting on behalf of Barnsley College in a four-party dispute with consultants and contractors relating to overheating issues arising out of a new build project.
• Successfully defending engineers in relation to an allegedly negligent failure to report on compression failure, including obtaining indemnity costs.
• Acting on behalf of Carillion in a five-week trial in Manchester TCC in a final account dispute arising out of a project at Warrington College.  After a three-month hearing, Anneliese’s clients were the net receivers of money together with a significant costs award in their favour.
• Acting on behalf of a Joint Venture Company in respect of issues arising out of motorway construction in a case involving both English and Scottish law.

Professional Negligence

• Successfully acting for BTI in resisting a strike out/summary judgment application made by PWC in respect of a claim against PwC, relating to their audit of 2007 and 2008 accounts of Windward Prospects Limited.
• Acting on behalf of Deloitte & Touche in respect of a claim for $128 million by minority shareholders of the former Lebanese Canadian Bank. Money laundering and funnelling of funds are alleged.
• Acting in a high-profile claim brought by a Welsh Government body against its advisers for breach of contract and negligence. Losses of £50 million are being claimed.
• Acting in a £50 million claim for over 100 investors who invested in a film finance scheme against a prominent tax silk.
• Acting on behalf of Ernst & Young in relation to first ever proceedings before the Dubai Financial Markets Tribunal.
• Acting for Ernst & Young in complex claim in UAE involving alleged breach of directors’ duties and issues relating to limitation of liability and duty of care/Galoo issues, with conspiracy and fraud also being alleged.
• Acting for BDO in respect of claims arising out of alleged fraud in Cayman involving proceedings in Cayman, BVI and England.
• Acting on behalf of various of the Big 4 in respect of numerous allegedly fraudulent tax scheme cases.
• Acting on behalf of a charity in respect of a proposed claim against one of the Big 4 firms arising out of fraud within the management team.
• Succeeding in having claim against BDO relating to allegedly negligent audit struck out.
• Advising in relation to a proposed claim by a major food retailer against large firm of accountants in relation to an outsourcing credit control agreement.
• Acting on behalf of well-known football chairman in relation to claim against his former accountants.
• Defending a claim brought against accountants for allegedly negligent advice concerning CT G rollover relief.
• Acting on behalf of the former accountants of Neil Hannon (former lead singer of Divine Comedy) in respect of a claim brought against them.
• Advising one of the Big 4 in respect of proposed claim against them arising out of allegedly negligent tax advice.

Accountants, Auditors & Actuaries

• Acting on behalf of BDO in respect of a claim against them arising out of their instruction as a joint expert. Successful in having claim struck out.
• Advising Paul Oakenfold in respect of claim against accountants in relation to tax relief issues.
• Dealing with various claims against accountants and auditors concerning solicitors’ accounts.
• Successful striking out of claim by shareholders against auditors on existence of duty of care point.
• Advising in relation to a claim concerning alleged fraud by accountants in preparation of charity’s accounts.
• Defending a claim against accountants concerning the adequacy of business advice given and Galoo type causation issues.

Financial Services Professionals 

• Acting on behalf of claimants pursuing claims arising out of collapse of world financial markets.
• Advising and acting on behalf of financial advisers being sued in light of collapse of Icelandic banks.
• Acting on behalf of claimants pursuing administrators of a pension scheme for failing to implement amendments to the scheme.
• Acting on behalf of financial advisers being sued by numerous premiership footballers in relation to investments made in Spanish property.
• Acting for both claimants and defendants in relation to numerous claims concerning alleged mis-selling of pensions.

Insurance Brokers & Agents 

Alongside her strong insurance and reinsurance practice, Anneliese is regularly instructed in claims against insurance brokers and managing agents. Her work includes:

• Advising Marsh/HSBC insurance brokers in respect of claim arising out of alleged failure to give adequate advice on limitation periods.
• Acting for a Jersey company in relation to the broking of a commercial insurance policy of a café subsequently destroyed by fire.
• Acting for insurance brokers in relation to alleged breach of duty in placing a contractors’ all risks policy.
• Acting for various claimants bringing proceedings against an insurance broker following repudiation of life insurance cover following alleged non-disclosure.
• Regularly acting for both lenders and insurers in relation to alleged mortgage fraud and negligent conveyancing transactions, including advice in relation to breach of undertaking, breach of fiduciary duty and breach of trust claims.

Lawyers

• Acting for Brazilian claimants in a high-profile claim against a leading law firm in the Cayman Islands in relation to a conflict of interest where allegations of fraud made during trial.
• Acting on behalf of Morrison & Foerster in respect of claim brought against them by Petrocapital in relation to advice given in relation to shareholder claims.
• Acting on behalf of the Department of Transport in relation to claim against Magic Circle firm arising out of advice given in relation to rail franchising contracts.
• Acting for Eversheds in a claim brought by Nationwide alleging failure to react appropriately to material suggestive of mortgage fraud and thereafter on behalf of Eversheds in related claims.
• Acting on behalf of a claimant pursuing Mace & Jones for £40 million as a result of allegedly negligent planning advice in relation to a quarry.
• Acting on behalf of Pannone in multi-million pound litigation brought against it by the administrators of Lexi Holdings arising out of the fraudulent activities of Shaid Luqman. The case raises issues of illegality, actual/apparent authority and scope of duty in relation to solicitors acting for clients who commit fraud on third parties.
• Acting for innocent partners of fraudster solicitor who absconded to India with millions of pounds.
• Advising on whether duty of care owed by Law Society and/or Barclays Bank in respect of monies alleged to have been misappropriated by solicitor and various partnership issues.
• Acting on behalf of insurers in relation to liability of innocent partner for alleged fraud in Zambia by another partner, including considering whether any partnership arose at all.
• Acting on behalf of Newcastle Airport in respect of a claim against Eversheds arising out of an asserted failure to advise Newcastle Airport of the breaches of fiduciary duty being committed by two executive directors whilst renegotiating their contracts of employment.
• Successfully running abuse of process and causation arguments in relation to claim against a barrister following criminal conviction of claimant.

Patent Agents 

• Acting for claimant suing solicitors in relation to negligently conducted high court patent litigation.
• Defending a claim for allegedly negligent advice by patent agents.

Surveyors & Valuers

• Bringing £60 million claim against surveyors arising out of valuation of a number of extremely large commercial properties in the UK involving securitisation issues.
• Acting on behalf of claimant bank in successfully suing valuer for a series of negligent commercial valuations followed by claims having to be made under the Third Party Rights against Insurers Act.
• Acting on behalf of valuers in negligence claim by a bank against valuers and solicitors in relation to commercial property (including compulsory purchase and planning issues).
• Acting on behalf of commercial valuers seeking to strike claim out on limitation, duty of care and reliance issues, including issues relating to duties of care, if any, owed to third parties.
• Acting on behalf of valuers in relation to claim brought by new liquidator against former liquidator and valuers in relation to alleged hope value of commercial property.
• Acting both for and against surveyors in relation to both commercial and residential property valuations.
• Acting for surveyors in relation to structural survey cases (e.g. alleged failure to spot dry rot, alleged failure to spot subsidence).
• Regularly acting for both lenders and insurers in relation to alleged mortgage fraud and negligent conveyancing transactions, including advice in relation to breach of undertaking, breach of fiduciary duty and breach of trust claims.

Insurance & Reinsurance

Anneliese has a strong insurance and reinsurance practice covering most classes of risk, including professional indemnity; property; D&O, general commercial liability (EL/PL/products); motor; and financial risk. She regularly advises both insurers and insureds on coverage disputes involving interpretation of policy wordings, dishonesty, non-disclosure and avoidance issues, and breach of warranty and condition claims. As well as acting as counsel, Anneliese regularly sits as an arbitrator resolving coverage disputes (both between insured and insurer, and between insurers).

Her experience includes:

• Regularly acting in claims concerning Contractors All Risks insurers.
• Representing insurers in a claim for an indemnity on a reinstatement basis in respect of fire damage to an historic house in Northern Ireland.
• Acting on behalf of insurers in relation to a series of claims arising out of jewellers’ block policies.
• Dealing with reinsurance issues arising out of an explosion in a chemical factory in the USA.
• Advising insurer in relation to a potential coverage dispute in respect of an Employment Practices Liability Policy issued to Skype.
• Advising on and acting in relation to numerous professional indemnity insurance issues, including notification, dishonesty and condonation. Acting both as Counsel and as an arbitrator.
• Acting for the insured surveyors in a claim concerning innocent non-disclosure.
• Acting for insurers in various disputes concerning alleged sham partnerships and dishonesty issues.
• Advising insurers, attending various indemnity conferences and acting in an arbitration in relation to allegations of dishonesty and condonation against a two partner firm in Essex who became involved in mortgage fraud allegations totalling approximately £40 million in relation to Thamesmead properties.
• Advising insurers in relation to whether allegations of dishonesty and/or condonation could be made against ‘innocent’ partners in a firm of solicitors whose fellow partner had absconded with £15 million.
• Advising insurers on issues of privilege arising out of claims made against solicitors.
• Advising partner on settlement terms where coverage issues in play (instructed by the solicitor concerned directly).
• Acting for insolvency practitioners seeking to establish cover in respect of a professional indemnity policy, successfully resisting allegations of dishonesty and condonation.
• Following criminal allegations and involving issues such as formation and construction of the policy and non-disclosure.
• Acting as an arbitrator in relation to notification issues and advising as to which insurer should provide cover in relation to the claims in issue.
• Acting on behalf of insurers seeking rectification of an insurance policy following a substantial flood at a commercial premise in Germany.
• Acting for distributors against insurers disputing coverage following a fire at warehouse of well-known retailer.
• Advising insurers on coverage and exclusion issues in respect of residential and commercial property policies.
• Advising extensively on claims under the Third-Party Rights Against Insurers Act.
• Acting for insurers in relation to jewellers’ block insurance policies. Advising on whether coverage could be provided considering alleged breaches of conditions precedents relating to notification and record keeping.
• Advising insurers on whether coverage should be provided following allegations of arson.

Product Liability

Anneliese undertakes product liability work in a commercial context. Her work includes:

• Acting for Bayer CropScience in respect of alleged claim for alleged damage to potato crops.
• Acting for insurers in relation to claim for damage to commercial business following supply of allegedly defective vehicles.
• Advising in relation to disputes as to quality of electrical products supplied to supermarket chain.
• Representing the Department of Health in quantum cases arising out of the CJD growth hormone litigation and the BSE/variant CJD litigation.
• Anneliese has a significant offshore practice and has been instructed in cases in Cayman and the BVI in cases involving issues of professional liability, duties of directors and trustees, construction and property disputes, investment related work and duties of auditors.

Offshore 

• Acting for a Brazilian claimants in a high-profile claim against a leading law firm in Cayman in relation to a conflict of interest claim.
• Acting for professional advisers following the collapse of the Ritz Carlton deckhouses development in Cayman.
• Advising on claims against investment funds and investment advisers following the Madoff scandal.
• Acting for defendant auditors in claim arising out of an alleged failure to detect fraudulent activity by directors.
• Acting for a property developer in a family dispute concerning a construction business.

• Chair of the Design Committee of the Delos London Hearing Centre (LONDAP)
• Appointed member of the LCIA Court with effect from May 2019
• Appointed to the SIAC Panel of Arbitrators from September 2019
• Named as ‘International Arbitration Silk of the Year’ by Chambers & Partners in 2020
• Shortlisted as ‘Professional Negligence Silk of the Year’ by Chambers & Partners in 2020
• Shortlisted as ‘International Arbitration Silk of the Year’ by The Legal 500 in 2020
• Named as ‘Construction Silk of the Year’ by Chambers & Partners in 2018
• Named as ‘Construction and Energy Silk of the Year’ 2018 at the The Legal 500 UK Awards
• Named as ‘Barrister of the Year’ 2014 by The Lawyer
• Selected as one of the 500 most influential people in the UK by Debretts in 2015

Editor of Jackson and Powell on Professional Liability until 2014 (Sweet & Maxwell, 7th ed., 2012)

M.A. (Cantab.) (First Class), Harvard University

Anneliese’s LinkedIn profile can be found here.