Lucy Frazer
Contact details:
Telephone +44 (0)20 7696 9900. Fax +44 (0)20 7696 9911. LDE 338 (
Email lucyfrazer@southsquare.com. Web
www.southsquare.com
Education and Career:
BA (Cantab),
Called to the Bar 1996 (
Awards and positions:
Middle
Newnham College Prize for academic achievement.
Member of the Serious Fraud Office Panel (2001-).
Areas of practice:
Insolvency, commercial, banking, financial services, company and EC law.
Experienced in court litigation, arbitration and mediation.
Chancery
and insolvency including restructuring
Rosbank (
Markel International Insurance Company Ltd v
Highlands Insurance Company (UK) Ltd (2007) (junior counsel for the company opposing a creditor’s
administration petition)
Wendy Fair Heritage Ltd v Nicholas Hobday [2006] EWHC 5803 (acted for the directors
defending an application for summary judgment in respect of a wrongful trading
claim)
Johan Michael Richard Foenander v Iain John
Allan [2006] EWHC (acted for
the trustee in relation to the validity of proceedings in the light of
invalidity of the appointment of a trustee)
Advised the
administrators of Parmalat on issues arising in the administration (2006)
In the matter of Home Insurance Co [2005] EWHC 2485 (acted for the provisional
liquidators of the company in an application for sanction of a scheme of
arrangement and global liquidation order)
Junior counsel
advising shareholder in respect of the impact of the British Energy restructuring
(2004)
Hosking v Michaelides [2004] All ER (D)
147 (acted for trustee in bankruptcy in an action to determine the rights and
interests of bankrupt’s spouse in matrimonial home)
Rose v Lynx Express Ltd [2004] EWCA Civ 447,
Court of Appeal (construction of pre-emption provisions in articles of
association)
Junior Counsel for
the liquidators of BCCI in a fraudulent trading action: BCCI v Bank of
First Global Media Group Ltd v John Angelo
Larkin [2003] EWCA Civ 1765,
Court of Appeal (acted for the liquidator in relation to a claim against a
director concerning the payment of ‘dividends’ to a director and scope of s.727
Companies Act 1985)
Re Michaelides [2003] EWHC 3029 (appeal on costs in relation to insolvency hearing and whether
there was an whether automatic right of appeal)
Re Swissair Schweizerische Luftverkehr –
Aktiengesellschaft (the
extent of the security rights created on freezing order in the event of an
insolvency) [2003] 1 WLR 1200, Court of Appeal
Inland Revenue
Commissioners v Richmond and Jones [2002] EWHC 430 (acting for liquidator in case concerning disclosure
issues)
Junior Counsel for
the liquidators of BCCI in a fraudulent trading action: BCCI v Banque Arabe et
Internationale D’Investissement (concluded 2001)
Re Beck Foods Ltd (administrative
receivers’ liability for rates after liquidation) [2001] EWCA Civ 1931, Court of Appeal
Reid v Hamblin [2001] BPIR 929 (consent of debtors to IVA)
Coe v
Ashurst [1999] BPIR 662
(insolvency set off).
Cross Border and
International Work
Junior counsel for
HSBC in relation to the distribution of funds in the solvent winding up of the
Oracle Fund Ltd in the Bahamas (2007)
Advised on cross
border issues arising out of the collapse of TXU (2004)
Advised on cross
border issues arising out of the collapse of Enron (2002)
Junior counsel for
shareholders in Kistefos Investments A.S
v Pacific Challenge Holdings Ltd, a shareholder dispute in
R v The Secretary of State for Transport ex
parte Factortame and Others
(claim against the Government for breach of European Community law)
Commercial Litigation
and Arbitration
Oxus Gold Plc v Templeton Insurance Ltd [2007] EWHC 770 (junior counsel in commercial court action involving construction of a warrants deed and damages)
The Organic Group Ltd v Charterhouse Macmillan Group Inc [2007] (contact not void for uncertainty)
Oxus Gold Plc v Templeton Insurance Ltd [2006] EWHC 864 (junior counsel in commercial court action involving issues relating to construction of oral / written contract, deed, restitution and negligence)
Lloyds TSB Bank v Redman Nichols & Anor [2005] (acted for Lloyds TSB Bank as claimant in a claim concerning liability for inducing breach of contract)
Junior Counsel for The Post Office Ltd in a contractual dispute (2003)
Acted as assistant to Lord Alexander as arbitrator in relation to a number of arbitrations 2001 -2002
Ajbar Verjee &
Anor v CIBC Bank Trust Co (Channel
Recommended:
Recommended in Chambers and Partners as a leading junior in insolvency from 2003 to date.
Comments include:
“[She is a] terrific court animal who certainly gets her point across and is particularly noted as being a good cross examiner” (Chambers and Partners 2007)
“In court [she] is completely on top of all points … cheerful, approachable and responsive she also impresses with her paperwork” (Chambers and Partners 2006)
“[She] appeared against Gabriel Moss this year in which she apparently managed to hold her own against the doyen of the industry” (Chambers and Partners 2005)
Publications:
Contributor to Rowlatt on Principal and Surety, 3rd ed.
Contributor to Tolley’s Insolvency law