Madeleine’s practice includes all forms of domestic and cross-border insolvency, commercial litigation, banking and financial services work and company law.
She frequently appears unled in the High Court and County Court, and has experience of a broad range of applications within insolvency proceedings, in addition to summary judgment and other applications under the Civil Procedure Rules.
She also undertakes drafting and advisory work in all of chambers’ core areas.
During her first year of practice, Madeleine undertook a three-month secondment to the Financial Markets Dispute Group at Dentons UKMEA LLP, in London. Through this and through her other work in practice she has obtained familiarity with various issues arising within the financial services sector including debt securitisation, intermediation of securities, the construction of ISDA Master Agreements and other financial services contracts, and regulatory issues.
During pupillage and after commencing her tenancy, Madeleine assisted with the Primeo litigation in the Cayman Islands (funds dispute arising out of the Bernie Madoff fraud). During pupillage, she assisted in other high profile and complex disputes, including the Saad litigation in the Cayman Islands (allegations of fraud arising within an international liquidation) and BONY Mellon v LBG Capital (construction of the terms of novel capital notes).
Prior to joining Chambers, Madeleine obtained a double first class degree in Classics from Cambridge University and a doctorate in Classics from Princeton University. She was the recipient of Gray’s Inn’s two most prestigious scholarships for the Graduate Diploma in Law and Bar Professional Training Course, the David Karmel Award and the Bedingfield Scholarship.
AREAS OF PRACTICE
Insolvency and Restructuring
During pupillage Madeleine assisted on a broad range of insolvency and restructuring matters. Examples of the work she did include:
- Drafting skeleton arguments for an order pursuant to section 899 of the Companies Act 2006 sanctioning a proposed scheme of arrangement (assisting Tom Smith QC), and a hearing under s.236 of the Insolvency Act 1986 (assisting Marcus Haywood)
- Producing opinions on the legal matters arising from a proposed final distribution of trust funds held by a corporate trustee in liquidation (assisting Richard Fisher), on the restructuring of debt within a corporate group (assisting Daniel Bayfield QC) and on complaints made by the Institute of Chartered Accountants in England and Wales about the conduct of an administration (assisting William Trower QC)
- Producing research notes on the EU Directive on the re-organisation and winding-up of credit institutions (assisting Daniel Bayfield QC and Gabriel Moss QC), the legal issues arising from an application to sanction a scheme of arrangement under the Companies Act 2006 (assisting Daniel Bayfield QC) and on procedure in bankruptcy petitions (assisting William Willson).
Banking and Finance
Madeleine has assisted on a number of banking and finance cases, most notably BNY Mellon Corporate Trustee Services v LBG Capital No 1  UKSC 29, a case about the redemption of novel capital notes by Lloyds Bank (produced several research notes for Stephen Robins).
Other examples of work in this area include:
- Drafting a Particulars of Claim and opinion in respect of a proposed claim for restitution against a bank for a company whose account had been used as part of a carousel fraud (assisting Gabriel Moss QC).
- Producing research notes or advice on charges of conspiracy and malicious prosecution against an accountancy firm and bank (assisting Stephen Robins), a bank’s liability to pay a bonus to a former employee under his contract of employment (assisting Daniel Bayfield QC) and a bank’s liability in a complex cross-border insolvency (assisting Georgina Peters).
Commercial Litigation and Arbitration
During pupillage Madeleine assisted on several commercial cases and arbitrations, most notably Edgeworth Capital Luxembourg S.A.R.L., Aabar Block S.A.R.L. v Ramblas Investments B.V., a case on the construction of finance documents and penalty clauses (assisted William Willson in drafting Supplemental Skeleton Argument and by producing research notes), and a LCIA arbitration regarding the purchase of an Ukrainian agri-business (assisted Tom Smith QC with legal research and preparation for the cross-examination of expert witnesses).
Other examples of her work in this area during pupillage include:
- Producing a draft Defence and Counterclaim in a claim for breach of contract against an accountancy firm (assisting Richard Fisher),
- Drafting a Skeleton Argument in an application for security for costs in respect of a high value claim relating to a property development venture (assisting William Willson),
- Producing an opinion on a draft Points of Claim brought by a creditor against an insolvent Corporate Member of The Society of Lloyd’s (assisting Richard Fisher).
Madeleine has assisted on several matters involving company law. Examples of her work include:
- Drafting an advice on the construction of a shareholders’ agreement and the validity of drag-along provisions in the context of a proposed sale of a corporate group (assisting Daniel Bayfield QC).
- Producing research notes on the law of reflective loss (assisting William Willson).
Civil Fraud and Asset Recovery
Madeleine has produced legal notes on misrepresentation and conspiracy (assisting Stephen Robins) and the law of following and tracing assets (assisting Marcus Haywood, Mark Philips QC and Michael Crystal QC).
International and Offshore
During pupillage Madeleine assisted on several offshore matters. The two most significant cases were Saad Investments, a multi-billion dollar fraud claim ongoing in the Cayman (produced several research notes for Marcus Haywood, Mark Philips QC and Michael Crystal QC) and Primeo Fund v HSBC, a billion dollar claim arising out of the Madoff fraud pending in the Cayman Islands (produced several research notes for William Willson).
Other examples of work with an offshore element which Madeleine undertook include:
- Drafting a skeleton argument for an application to strike out a winding up petition in the DIFC (assisting David Allison QC).
- Producing notes on such matters as the nature of a deposit for the purpose of banking law in a Caribbean jurisdiction (assisting Richard Fisher and Michael Pascoe QC) and on the treatment of a secured charge in a liquidation in the BVI (assisting Richard Fisher).
|July 2015||Called to the Bar of England and Wales|
Chancery Bar Association, Insolvency Lawyers Association
EDUCATION AND QUALIFICATIONS
City University, London, Bar Professional Training Course
City University, London, Graduate Diploma in Law
Princeton University, PhD Classical Philology (Roman literature and philosophy)
University of Cambridge, St John’s College, MPhil Classics (Distinction)
University of Cambridge, St John’s College, BA Classics (Double first class; fourth in year)
PRIZES AND SCHOLARSHIPS
Bedingfield Scholarship, Gray's Inn
David Karmel Award, Gray's Inn
Thomas F Curley Memorial Fund Fellowship, Princeton University
Cotsen Junior Teaching Fellowship, Princeton University
Perkins Prize, Princeton University
Hawksley-Burbury Prize, St John’s College, University of Cambridge
Henry Arthur Thomas Award, St John’s College, University of Cambridge
College Prize, St John’s College, University of Cambridge
Wright Prize, St John’s College, University of Cambridge
French, Italian, conversational German