Olivia has a commercial practice with experience in banking and finance and financial regulation, professional negligence, fraud, contract, company and partnership and insolvency disputes. Her cases are often complex, high value and high stakes.
She is recognised for her meticulous preparation and attention to detail, combined with thorough and tenacious advocacy. Olivia provides a clear, analytical approach with a degree of pragmatism. Ranked in the legal directories for commercial disputes.
Olivia regularly provides advice, advocacy and drafting in a wide range of both company law and partnership disputes and often instructed in matters relating to allegations of misfeasance, disqualification of directors, fraudulent and wrongful trading, company administrations, insolvent partnerships, minority shareholder disputes and litigation following the breakdown of a partnership.
Olivia was previously Junior Counsel to the Crown (Regional Panel) where she acted for the Secretary of State in insolvency and company/partnership matters including company directors’ disqualification proceedings, BROs and in public interest winding up petitions.
Representative cases include:
Acting in a claim for local authorities against Amey LG following their failure to deliver contracted waste collection services during Covid; claims for breach of contract, misrepresentation and negligence in the sum of £1.5m with a counterclaim exceeding £14m.
Acting for a nationally renowned firm of solicitors following the departure of one of its partners and whether he in so doing acted contrary to his obligations to the firm.
A commercial dispute with a well known baby food brand regarding whether the contract, unsigned, was enforceable; value £2m.
Acting in a partnership dispute between financial advisers following the sale and transfer of their business to a third party; value £1m.
Acting for directors who purchased a company as a result of fraudulent representations made by the seller. Claims of fraud, conspiracy. Mis-selling and breach of contract; value £3m
Acting for a director in dispute with a family member arising from a commercial contract regarding breach of contract, restitution and misrepresentation; value £7m.
Acting for a director arising from an investment agreement regarding hotel development in Manchester. Allegations of fraud regarding the representations they had access to the requisite funds when they did not; value £30m.
Acting for 17 claimants who followed their financial adviser to his new firm following misrepresentations made as to the service and products available. Disputes arose concerning his duties and/or whether he was acting as agent for and on behalf of his employer.
Advising a director in a claim against their co-director following their fraudulently altering company documents at Companies House and further enforcement following her return to China.
Advising shareholders on prospective claim following a merger of the relevant company, against the directors in fraud and/or breach of their statutory and fiduciary obligations including piercing the corporate veil.
Acting for the directors of a charity, in its successful claim for breach of duty following the fraudulent diversion of funds.
Acting for the director of a family business in a successful claim brought by members of his family with allegations of breach of fiduciary duty by the charity.
Acting for the director and shareholder of an established technology company in a shareholder dispute with co-directors in a family business.
Acting for the partner in a partnership dispute in a successful dispute involving breach of a joint venture agreement with competing international interests.
Acting for a banker in a substantial fraud claim brought by Group Seven Limited v Nasir et al heard over 9 weeks in 2017 concerning money laundering, breach of trust, dishonest assistance, professional obligations of solicitors and fiduciary duties of banks and their employees.
Banking and FinanceOlivia has significant experience in the financial services sector, often dealing with complicated finance, fraud and deception cases. She also acts for large groups of investors who have received negligent financial advice and those who have has significant financial loss, as a result of collapsed funds and schemes.
In addition, Olivia has substantial expertise in all aspects of retail and commercial banking. She has been involved in cases regarding interest rate swaps and misrepresentation, cheque conversion, breach of mandate, bailment and a variety of disputes concerning the enforceability of securities, including guarantees and mortgages.
She has in depth experience in a wide variety of failed funds and investments including Harlequin, Sustainable Growth Group in Cambodia, Alpha Bank, Cyprus, Unregulated Collective Investment Schemes and Ready2Rent/Ready2Invest in Croatia, Bulgaria and Montenegro.
Representative cases include:
Acting for Cypriot investors in response to a claim from Mars Capital seeking to enforce debts acquired from Laiki Bank and the Cypriot government following the banking crisis in 2007. Challenge was raised as to Mars’ entitlement to enforce the debt; failing to satisfy good title with challenges to the assignment and whether it was lawful under Cypriot law.
Acting for 38 investors in a scam in the UK whereby they were sold parcels of land with planning permission when in fact the owner did not have title to the land, planning permission had not been obtained and in any event the plots were landlocked with no access.
Acting for investors in a development in Spain against their UK lawyers who encouraged them to part with funds before having satisfied themselves the seller had good, unencumbered title when it subsequently transpired there were two undischarged mortgages against the property and the vendor being unable to satisfy those liabilities.
Acting for hundreds of investors in response to a claim brought against them by Alpha Bank, Cyprus following investments in property in Cyprus. The claim included allegations of professional negligence against their professional advisers in the UK, for negligence and conflict of interest against their appointed lawyers in Cyprus and allegations of fraudulent documentation.
Advising a group of investors following their receipt of negligent advice before investing through SGG in jatropha seeds in Thailand.
Advising multiple investors following negligent advice to invest in an unregulated collective investment scheme, namely property in Croatia, Bulgaria and Montenegro via Ready2Rent/Ready2Invest. The claim also included a claim against the company charged with managing and overseeing the investment.
Acting for a banker alongside his employer, a bank in Dubai and Switzerland, and solicitors, both as a firm and individually, following the claimant being duped to invest 100million euros. The claim gave rise to arguments concerning money laundering, breach of trust, dishonest assistance, professional obligations of solicitors and fiduciary duties of banks and their employees.
Acting for multiple investors arising from financial advice received regarding re-mortgaging their homes in order to fund overseas developments. Following investment in the scheme the land remains undeveloped.
Acting for a company in their claim against RBS following negligent and fraudulent advice from RBS to enter into products that were neither suitable nor appropriate as defined by COBS.
Acting for multiple investors [960] in property development overseas through the Harlequin Scheme following negligent advice in the UK leading to investment in property in St Vincent and the Grenadines, Barbados, the Dominican Republic and St Lucia.
Acting for hundreds of investors in response to a claim brought against them by Alpha Bank, Cyprus following investments in property in Cyprus. The claim included allegations of professional negligence against their professional advisers in the UK, for negligence and conflict of interest against their appointed lawyers in Cyprus and allegations of fraudulent documentation.
Advising a group of investors following their receipt of negligent advice before investing through SGG in jatropha seeds in Thailand.
Advising multiple investors following negligent advice to invest in an unregulated collective investment scheme, namely property in Croatia, Bulgaria and Montenegro via Ready2Rent/Ready2Invest. The claim also included a claim against the company charged with managing and overseeing the investment.
Acting for a banker alongside his employer, a bank in Dubai and Switzerland, and solicitors, both as a firm and individually, following the claimant being duped to invest 100million euros. The claim gave rise to arguments concerning money laundering, breach of trust, dishonest assistance, professional obligations of solicitors and fiduciary duties of banks and their employees.
Acting for multiple investors arising from financial advice received regarding re-mortgaging their homes in order to fund overseas developments. Following investment in the scheme the land remains undeveloped.
Acting for a company in their claim against RBS following negligent and fraudulent advice from RBS to enter into products that were neither suitable nor appropriate as defined by COBS.
Acting for multiple investors [960] in property development overseas through the Harlequin Scheme following negligent advice in the UK leading to investment in property in St Vincent and the Grenadines, Barbados, the Dominican Republic and St Lucia.
Professional NegligenceOlivia represents clients in respect of Professional Negligence claims out of financial services. She represents both claimants and professional advisers in defending such claims.
She is experienced in advising and appearing both for and against financial institutions and in advising in financial disputes including cases where customers have suffered the consequences of misrepresentation and breach of lending agreements. She has extensive experience of disputes affecting financial services professionals and consumers and in particular claims for breach of duty by IFAs.
More recently she has been instructed in multi-party litigation against individuals, banks and other financial institutions both in the UK and overseas on behalf of investors seeking recompense following illegal or negligent advice. These include those investors in property in Cyprus being pursued by Alpha Bank and further investors in property in Croatia, Bulgaria and Montenegro via Ready2Rent/Ready2Invest.
InsolvencyOlivia has experience of corporate insolvency matters relating to allegations of misfeasance, fraudulent and wrongful trading, company administrations, corporate and individual voluntary arrangements, voluntary and compulsory liquidations, statutory demands, insolvent partnerships, receiverships and administrative receiverships, transactions at an undervalue, substitution of petitioning creditors and supervening applications for administration orders.
Clients include banks, lending institutions, accountants, major companies, and bond holders.
In her capacity as Junior Counsel to the Crown (Regional Panel) she frequently acts for the Secretary of State in insolvency matters including company directors’ disqualification proceedings, BROs and in public interest winding up petitions. She is fully conversant with the substantial changes to bankruptcy law brought in by the Enterprise Act 2002.
Olivia also acts in matters of personal insolvency. She has acted for trustees in bankruptcy, supervisors/nominees in IVAs, as well as insolvency practitioners, debtors, creditors and bankrupts. She has extensive experience of contested statutory demands, bankruptcy petitions, contested annulment of bankruptcy proceedings, transactions at an undervalue and transaction avoidance and applications by trustees in bankruptcy and those concerning IVAs and CVAs.
Midlands Chancery and Commercial Bar Association [MCCBA]
Commercial Bar Association [COMBAR]
January 2013: Junior Counsel to the Crown Chancery, Commercial, Insolvency
January 2008: Treasury Counsel in the Midlands Chancery, Commercial, Insolvency, Property
LLB Europe with French Universite de Montpellier – Diplome de droit francais fondamentale
LLB (Hons), University of Birmingham; BVC (Outstanding), College of Law.