“She is such a pleasure to work with. Clients really like her; frankly it’s impossible not to. She’s impressively on top of the detail, she grasps issues very quickly and her drafting skills are second to none. She takes a very tactical, sensible and commercial approach.” “Helen is incredibly astute, not afraid to really get into the details of a case and excellent with clients.” “Fantastic. She gives clear, effective advice and is a pleasure to work with.” – Chambers & Partners, 2022
“She is in a class of her own: wonderfully hands-on and pitch perfect in her ability to grasp the issues” – Legal 500, 2021
“She is brilliant at getting stuck into a claim and working as part of a team with solicitors. Her drafting and technical ability are excellent and she never misses a trick.” “She is very good on the detail, gets to grips with the case quickly, is very good at managing clients and building rapport, and her advice is very commercial and realistic.” – Chambers & Partners, 2020
Helen is described by the Legal Directories as “one of the most highly regarded barristers in the field”, “highly sought after for her professional negligence expertise” and “considered a go-to by solicitors.” She has been listed as a recommended junior for professional liability work for some years in the Legal 500, Chambers and Partners, Who’s Who Legal and Legal Experts. Comments include that Helen is “not afraid of standing up and fighting for a point”, that “she provides technically excellent advice and is a real fighter” and that she is “formidable on paper, on her feet, and in cross-examination”. Her work is described as being of “exceptionally strong quality” and “commercial”, and she is commended for her “first-rate service.”
Helen handles a broad variety of claims against solicitors, with recent examples including Allsop v Banner Jones (a case on collateral attack heard by the Court of Appeal in December 2020) and Brearley v Higgs & Sons (relating to the application of loss of a chance principles to allegations of dishonesty). Helen has acted in several pieces of large multi-party or managed litigation (including large frauds and “right to buy” schemes). Helen has also acted in numerous barristers’ negligence cases and has experience of wasted costs claims and civil restraining orders. Helen is the co-editor of the solicitors’ and barristers’ chapters in Jackson & Powell on Professional Liability (with Hugh Evans). She also undertakes disciplinary work and acts in proceedings before the Solicitors’ Disciplinary Tribunal and Bar Disciplinary Tribunal.
Helen has particular expertise in claims against financial professionals, including accountants, auditors, insolvency practitioners and IFAs. Such claims have encompassed a wide variety of negligent tax and investment schemes, due diligence, business valuation and advice about financial products. She has considerable experience of claims with a financial services, insolvency or auditing element. In recent years, Helen has acted in relation to several sets of proceedings brought by the Financial Reporting Council, and has also represented clients in ICAEW and ACCA matters.
Helen also acts in disputes against surveyors and valuers (many of which have involved alleged large scale frauds). She has represented banks bringing claims against a variety of professionals arising out of property frauds as well as for the professional defendants. She is well regarded for her expertise in obtaining freezing injunctions and other urgent interim remedies arising from fraud.
Helen is co-editor of the chapters on solicitors and barristers in Jackson & Powell on Professional Liability, and her lawyers’ liability practice has a broad scope:
- Helen’s recent work has included appearing as sole counsel in the Court of Appeal twice in 2020, in the collateral attack case of Allsop v Banner Jones and in committal proceedings against a solicitor arising out of a fraud;
- A large number of Helen’s arise of frauds. She is highly regarded for her work in obtaining urgent freezing orders and other interim remedies. In 2019-2020 Helen acted in two sets of complex sets of claims brought by firms against “rogue” solicitors arising from frauds, one of which culminated in committal proceedings. Helen has also acted on claims arising from “Friday afternoon frauds”;
- Helen has particular expertise of claims against solicitors arising from employment matters, particularly involving advice on restrictive covenants or fiduciary duties (e.g. where solicitors have advised on team moves);
- Helen also has extensive experience of dealing with cases arising from Financial Remedies on divorces and other aspects of matrimonial work. These cases have involved issues as diverse as assets being dissipated by one spouse, the proper division of assets between spouses, problems arising from settlements and concealment and non-disclosure. She is involved in a number of disputes relating to the valuation of pensions and other assets on divorce. Helen sits as a Deputy District Judge, in which capacity she has first-hand experience of matrimonial work;
- Helen has also dealt with a number of claims arising from solicitors’ or barristers’ regulatory matters, such as the operation of client accounts or committal proceedings brought against a QC for contempt of court;
- Helen has also acted in a number of negligence claims against barristers. Her work for and against barristers includes a diverse range of cases, including ancillary relief, undue influence claims, and allegedly mishandled disciplinary claims;
- Helen has been involved in several cases involving difficult or controversial issues of limitation and over many years has gained extensive experience of complex multi-party litigation.
Accountants, Auditors & Actuaries
Helen is well regarded for her work involving accountants and auditors, which has included the following:
- A wide-range of auditors’ negligence cases, involving issues such as inadequate planning, inadequate conduct of an audit and complex causation, loss and damage points. Helen’s experience of auditors’ negligence work also encompasses failure by auditors to spot fraud perpetrated by directors or employees. Helen is also often called on to act for auditors in investigations or proceedings brought by the FRC or other professional bodies;
- Claims arising from negligent tax planning, including CGT roll over relief, Enterprise Zones, film finance, EBTs, inheritance tax issues, and others. In 2020 alone, Helen acted in several sets of proceedings arising out of EBT tax schemes, which involved allegations of deceit and breach of fiduciary duty;
- Cases with a financial services element, particularly involving Collective Investment Schemes;
- Disputes over the valuation of businesses (e.g. in the context of shareholder disputes or sales) or errors in due diligence on the purchase of large companies;
- Litigation relating to negligently prepared management accounts which allegedly masked the poor performance of a business;
- Litigation by insolvency practitioners against directors and officers (often involving onward claims against auditors and accountants);
- Helen also has experience of dealing with claims involving complicated accountancy and actuarial expert evidence, such as valuing lost profits, identifying increased costs, valuing assets and businesses and tracing misappropriated funds. Helen has also advised in relation to the potential liabilities of accountants acting as expert witnesses.
Financial Services Professionals
Helen has been involved in a number of claims against independent financial advisors including claims arising from a range of financial products such as equity release schemes and various mortgage, insurance and pension vehicles as well as offshore investments and tax schemes. She has also been involved in cases of allegations of mis-selling as well as negligent advice and investment strategy.
Recent examples of her work include:
- Involvement in several multi-million pound and multi-party claims (and potential claims) relating to alleged Unregulated Collective Investment Schemes;
- Proceedings arising from allegedly negligent structuring of a tax-efficient income scheme;
- Various substantial claims relating to mis-selling of geared traded endowment policies;
- Litigation arising from interest rate swap products;
- Several pieces of litigation arising out of inadequate or inappropriate inheritance, income or corporation tax mitigation advice;
- Litigation arising out of the sale of inappropriately risky investment products;
- Litigation against directors and officers (including under the Insolvency Act 1986);
- Advising on complaints to the Financial Ombudsman’s Service or Financial Services Compensation Scheme.
Helen has acted in a number of disputes involving the alleged wrongdoing of directors and officers. Recent examples of her work include
- A claim by a company against a former director for breach of duty to the company plus involvement in an unlawful means conspiracy and breach of trust;
- A claim against directors of a BVI company for diversion of income;
- Advising auditors on claims against directors of a company relating to inadequate internal controls and fraud by an employee;
- Acting for the financial director of a company in relation to disciplinary proceedings against him brought as a result of his status as a qualified accountant;
- Advising directors and officers on the D&O insurance aspects of an unfair prejudice petition brought by a member of a company relating to directors’ alleged breaches of the Companies Act 2006.
Helen has experience of defending insolvency practitioners from claims arising out of the allegedly negligent conduct of administrations or liquidations. Such claims have involved issues such as:
- The alleged failure to pursue claims against or to restrain the activities of directors;
- A failure to realise the company’s assets and/or under-valuation of assets;
- Negligence regarding the novation of an insolvent company’s contracts to a new company;
- Pursuing litigation against professional advisers where a company’s claim is tainted by the fraud of directors.
Helen has extensive experience of defending professionals against claims initiated by insolvency practitioners, including direct claims and misfeasance proceedings under the Insolvency Act.
Helen has acted on a number of claims both for and against valuers, involving residential and commercial premises (and both one-off and portfolio valuations);
Examples of Helen’s work include the following:
- Defending a national firm of solicitors whose valuers were accused of deceit and involvement in mortgage fraud;
- Acting for mortgage lenders with regard to the involvement of panel valuers in large-scale fraudulent property transactions (including allied applications for Norwich Pharmacal relief relating to funds passing between other parties allegedly involved in the fraud);
- Acting successfully at a 6-day trial for a mortgage lender suing a national firm of surveyors with regard to the valuation of domestic property in South Wales. The case involved allegations of negligent lending practices as well as valuation issues, and entailed detailed cross-examination of expert witnesses over several days;
- Advising a bank with regard to a claim for negligent valuation of retail premises (including issues of overvaluation based on yield);
- Advising various lenders with regard to claims for alleged breaches RICS Red Book guidelines on valuing new build properties;
- Advising various lenders and firms of surveyors with regard to claims for negligently overvalued commercial and residential property (including claims arising out of large investment portfolios).
Insurance Brokers & Agents
Helen also has wide experience of claims both for and against insurance brokers, from disputes arising over one-off policies to placing larger insurance schemes. Her work involves a wide range of insurance products, from property and professional indemnity insurance to medical and disability insurance.
Recent examples of Helen’s claims include:
- Acting for claims handling agents in multi-party litigation arising out of a large book of motor insurance business;
- Acting in a claim against brokers arising out of negligently placed credit risk insurance;
- Numerous pieces of litigation against brokers for inadequate explanation of terms/procuring inadequate cover (and failing to appreciate the exclusions or conditions of a policy);
- Allegations of fraud/breach of fiduciary duty against brokers based on their alleged mis-representation of cover allied with their desire to earn commissions;
- Coverage litigation arising from brokers’ professional indemnity insurance and whether brokers were acting pursuant to an undisclosed binding authority;
- Claims relating to failure to notify and late notification.
