INTERNATIONAL ARBITRATION
Anneliese has extensive experience of both domestic and international arbitrations in the commercial, energy and construction sphere:
“Extremely sharp, really gets into the detail and provides pragmatic and commercial advice.” International Arbitration, Legal 500 2019
“A well-regarded silk with a wealth of experience in international arbitrations. Energetic”
Anneliese has acted as both arbitrator and counsel in a significant number of large national and international disputes concerning technically complex projects including:
- Leading an arbitration concerning Trinidad’s road network following the termination of a $350million 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 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
- Advising in respect of in 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 for a train manufacturer in an LCIA arbitration relating to the upgrading of the trains on the London Underground network
- 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 for a firm of surveyors in an LCIA arbitration concerning one of their former owners and complex insurance issues.
- 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
- Acting for engineers in relation to the design and construction of an airport terminal in Dubai
- Advising a contractor on issues arising out of the construction of power stations in Asia under FIDIC contracts
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
“Friendly, approachable and very hard-working, she’s willing to put the hours in and she works well with others” “She’s tough, tenacious and impressive on her feet” (Chambers & Partners 2018: Commercial Dispute Resolution)
“Frequently called upon to assist major corporate clients with cases concerning joint ventures, private finance initiatives, contract termination and other business issues. Her accessibility to clients despite her heavy workload is much remarked upon by market sources. Strengths: “She is quick to grasp the issues and always has an eye for the practical solution to a problem.” “Knowledgeable and tactically astute.” (Chambers & Partners 2017: Commercial Dispute Resolution)
“Hard-working, very bright and a pleasure to deal with, she’s tough and impressive on her feet.” “She reassured our clients and made insightful comments on their position from an early stage.” (Chambers & Partners 2015: Commercial Dispute Resolution)
“Her practical approach to cases and skilled advocacy gain her particular praise.” “Has an incredible work ethic and is excellent with clients.” (Chambers & Partners 2014: Commercial Dispute Resolution)
Anneliese is also rated in the 2018 English Bar section of the Legal 500 for commercial work in the United Arab Emirates.
She also undertakes a wide range of commercial work both in the UK and internationally, including general commercial litigation, share warranty, partnership disputes, and civil fraud.
Past and current cases include:
- 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 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 £60 million claim against surveyors arising out of 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
- Successfully striking out commercial court claim against insurance company for abuse of process following a series of victories in arbitration proceedings
- 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
- Acting for high net worth individuals in claim in Dubai arising out of an alleged failure to detect fraudulent activity by directors
- 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
ENERGY, CONSTRUCTION & ENGINEERING
Energy and Construction Silk of the Year Legal 500 2018, Chambers Construction Silk of the Year in 2014 and again nominated for Chambers Construction Silk in 2018
‘Very intelligent and a great advocate.’ (Legal 500 2019: Construction)
Dedicated, extremely personable and great on her feet (Legal 500 2018: Construction)
“Really approachable and capable senior barrister. Very strong advocate” “She’s good on her feet and at talking a strategic, commercial view” (Chambers & Partners 2017: Construction)
Standout silk with an enviable domestic practice that regularly sees her instructed in high-profile arbitration, litigation and adjudications. Her international offering includes work in the Far East, Middle East and the Caribbean. “Technically astute, fantastic eye for detail and easy to work with.” “Tough, tenacious and impressive on her feet.” (Chambers & Partners 2017: Construction)
A ‘Standout silk …”She’s great, pragmatic, charming, thorough and brings a case to life.” “She puts her submission over very well. She’s intensely commercial, very practical.”’ (Chambers & Partners 2016: Construction)
“Highly capable, she has a great eye for detail.” She provides “pragmatic, commercial advice.” (Chambers & Partners 2015: Construction).
“She is fast growing her name as a star silk for construction cases.” (Legal 500 2015: Construction)
A well-regarded silk with a wealth of experience in construction disputes, including international arbitrations. “Energetic.”(Chambers & Partners 2014 and Chambers Global 2015: Construction)
“Truly exceptional” and well known among her peers for being a tough and impressive opponent. She is “someone who can really be presented with a tricky case and see a way through.” “She handles many complex matters including high-value fraud and commercial cases.” “Exceptionally good with clients, she has a great sense of humour and produces work product of the highest quality.” “Brainy, incisive, but also human when appropriate.” (Chambers & Partners 2014: Professional Negligence & Professional Negligence: Technology & Construction)
Anneliese has been instructed in a significant number of national and international disputes concerning a variety of projects in the UK and overseas. She is used to dealing with a large variety of standard and non-standard form contracts (including FIDIC, NEC and JCT) with differing dispute resolution provisions including ICC, LCIA and DCIA arbitration provisions.
In addition to her international arbitration experience listed above, her domestic experience includes:
- 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
- Taking over and successfully resisting application to strike out claims by property developer against architects and agents on limitation and other grounds, receiving praise for her tenacious advocacy in the judgment
- 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
- Successfully defending planning consultants in TCC action raising issues of a number of novel legal issues
- Acting on behalf of Carillion in a 5 week trial in Manchester TCC in a final account dispute arising out of a project at Warrington College. After a 3 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.
- Counsel for McAlpine in relation to the Panatown/UIPL litigation, involving proceedings against 36 sub-contractors and professionals.
- Acting for Manchester City Council in respect of claim arising out of faulty construction of the ‘B of the Bang’ sculpture
- Acting on behalf of Shepherd Homes in relation to claims by approximately 50 claimants arising out of defective foundations to properties
PROFESSIONAL LIABILITY
With a strong reputation for her courtroom advocacy and commercial savvy, Anneliese Day QC is very often called upon to handle high-value professional negligence and insurance disputes. She is regularly instructed by both sides in complex multiparty litigation arising from major construction projects. Her cases often originate in overseas jurisdictions. “She is exceptionally good with clients, has a great sense of humour and produces work of the highest quality on a range of claims.” “A real winner with clients and has an excellent skill set. She’s one of the leading professional negligence silks.” (Professional Negligence: Chambers and Partners 2018) “With a strong reputation for her courtroom advocacy and commercial savvy, Anneliese Day QC is very often called upon to handle high-value professional negligence and insurance disputes. She is regularly instructed by both sides in complex multiparty litigation “She’s tough, tenacious and impressive on her feet.”
‘Exceptionally good with clients, a great sense of humour and produces work of the highest quality.’ (Legal 500 2019, Professional Negligence)
“She’s a supremely intelligent litigator with the perfect balance between charm and incisiveness.” (Chambers & Partners 2017: Professional Negligence)
‘Recognised as a top choice for high-end professional liability claims of all kinds “She has a good manner with the court, is well prepared and is pragmatic and persuasive in her advocacy.” “She is commercially aware and demonstrates an excellent understanding of the insurance industry.”’ (Chambers & Partners 2016: Professional Negligence)
“She is fiercely intelligent, but also perfectly human. She has excellent client care skills, is exceptional on her feet, and her advice is succinct and to the point.” “She has a tremendous brain, but what differentiates her is her unflappability – she is calm, methodical and logical, and always a pleasure to work with.” (Chambers & Partners 2015: Professional Negligence)
“An exceptional performer on her feet and a real hit with clients.” (Legal 500: 2015 Professional Negligence)
‘An outstanding lawyer of her generation. She is calm and controlled in the most tense of situations.’ (Legal 500 2014: Professional Negligence)
Anneliese is regularly instructed in claims for and against both large and small firms of accountants and auditors covering issues from tax advice to audit responsibilities to preparation, review and audit of management accounts and negligent advice (including negligent tax advice, both corporate and personal) on both an international and UK basis. She has particular experience of duty of care, causation and attribution issues.
Past and current cases include:
- Acting on behalf of Ernst & Young in relation to first ever proceedings before the Dubai Financial Markets Tribunal
- Acting for Deloitte in claim brought by former manager of Sade.
- 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 for well known school in relation to fraud not advised upon by auditors
- Acting on behalf of various of the big four 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 four 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 four 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 jointexpert. 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 Galootype causation issues.
- Regularly instructed in claims against financial services consultants and advisers, the numbers of such cases having rapidly increased in number as a result of the economic downturn.
Recent and current cases include:
- 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 misselling of pensions.
- Acting for claimants and financial advisers in relation to claims concerning allegedly mis-sold investments.
- Defending investment advisers in relation to advice given in respect of occupational pension schemes.
- Regularly advising insurers on financial services disputes.
- Alongside her strong insurance and reinsurance practice, Anneliese is regularly instructed in claims against insurance brokers and managing agents.
Past and recent cases include:
- 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.
- Acting for a local authority asserting claim against brokers in respect of public liability policy.
- Acting on behalf of brokers in relation to a claim arising out of the placing of export credit insurance.
- Acting on behalf of claimants pursuing brokers following destruction of commercial premises by fire.
FINANCIAL SERVICES PROFESSIONALS
INSURANCE BROKERS & AGENTS
Anneliese has very extensive experience of acting for claimants and defendants in claims against solicitors and barristers. These include disputes arising from commercial, corporate and property transactions and involving lost or mishandled litigation, commercial advice and drafting, investment schemes and mortgage fraud. She also has considerable experience of wasted costs applications at both first instance and appellate level.
Past and recent cases include:
- 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 for solicitors in contribution claim between solicitors and barristers arising out of commercial litigation.
- 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.
- Regularly retained as an arbitrator in disputes between solicitors’ insurers.
- 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.
Anneliese has acted for both claimants and defendants in numerous claims concerning allegations of negligence made against patent agents and related claims against solicitors.
Past and current cases include:
- Advising and acting on behalf of claimants in relation to a claim against patent attorneys in the UK in respect of patents in the UK and US.
LAWYERS
Anneliese has very extensive experience of acting for claimants and defendants in claims against solicitors and barristers. These include disputes arising from commercial, corporate and property transactions and involving lost or mishandled litigation, commercial advice and drafting, investment schemes and mortgage fraud. She also has considerable experience of wasted costs applications at both first instance and appellate level.
Past and recent cases include:
- 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 for solicitors in contribution claim between solicitors and barristers arising out of commercial litigation
- 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.
- Regularly retained as an arbitrator in disputes between solicitors’ insurers.
- 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.
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.
Anneliese has acted for both claimants and defendants in numerous claims concerning the valuation of property (in both a commercial and residential context). Anneliese has also been involved in claims for mortgage fraud.
Past and recent cases include:
- 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).
SURVEYORS & VALUERS
Anneliese has acted for both claimants and defendants in numerous claims concerning the valuation of property (in both a commercial and residential context). Anneliese has also been involved in claims for mortgage fraud.
Past and recent cases include
- 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).
INSURANCE & REINSURANCE
‘A forthright and robust advocate, who does not suffer fools.’ (Insurance 2019, Legal 500)
A “tremendously good” advocate who advises on a wide array of insurance work. She regularly tackles complex cases involving aggregation, dishonesty and jurisdictional issues. She is also noted for her expertise in the construction sphere. “An excellent advocate with a good ability to see the detail of the case in the context of the bigger picture.” “She is very approachable, easy to work with and a fabulous advocate with bundles of common sense.” (Insurance: Chambers and Partners 2018).
Very well-regarded silk who is “a charming, intelligent and ruthlessly brilliant advocate.” Advising on a wide array of insurance work, she regularly tackles complex cases that take in significant issues surrounding aggregation, dishonesty and jurisdiction. “Apart from giving sound legal advice as one would expect, she is commercially aware and demonstrates an excellent understanding of the pressures insurers face.”
“Ethic and is excellent with clients.” (Chambers & Partners 2017: Insurance)
“She is excellent on her feet and very bright.” (Chambers & Partners 2016: Insurance)
“Brilliant, approachable and down to earth, and she really helps when you are around a table working towards a solution. Her written work is also very strong.” ‘Instructing solicitors and insurer clients say she is “very bright and charming.”’(Chambers & Partners 2015: Insurance) “Attracts praise for her intellectual rigour and client care, and her ability to inspire confidence in her strategy.” (Legal 500 2014: Insurance & Reinsurance)
Past and current cases include:
- 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.
Some recent examples include:
- 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.
- Conducting indemnity conferences principally in relation to allegations of dishonesty and/or
- condonation arising out of allegations of mortgage fraud.
- 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:
- Advising insured in relation to cover under a surveyor’s professional indemnity policy
- 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 premises 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 insurers in relation to whether coverage should be provided in relation to fidelity policy.
- 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 in light of alleged breaches of conditions precedents relating to notification and record keeping.
- Advising insurers on whether coverage should be provided following allegations of arson.
- Anneliese undertakes product liability work in a commercial context.
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; financial risk. She regularly advises both insurers and insured 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).
PRODUCT LIABILITY
Recent and past cases include:
- 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.
Recent and current cases include the following:
- 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
OFFSHORE
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. Recent and current cases include the following:
- 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
