Lucy Colter

‘Destined to be one of the stars of the English Bar – she is extremely bright, personable and tactically incisive.‘ – Legal 500, 2020

Lucy has an extremely busy and rapidly developing commercial practice. She is particularly interested in matters with an international element and has strong experience of matters in which fraud/conspiracy have been alleged.

A flavour of Lucy’s work and experience is provided by the following:

• Acting for Oleg Deripaska in long-running litigation against Vladimir Chernukhin, in arbitration in 2017, and after that in a section 67/section 68 Arbitration Act challenge in the Commercial Court and an appeal by Mr Deripaska to the Court of Appeal, from which permission to appeal is sought. The litigation, worth in excess of US$100 million, concerns the ownership of valuable real estate assets in Moscow. This hard-fought litigation has involved allegations of fraud and corruption on both sides and allegations of oppressive conduct in the takeover of a business under section 202 of Cyprus Companies Law, along with extensive satellite issues including in the Royal Court in Jersey, impacted by US sanctions against Mr Deripaska. (Led by Justin Fenwick QC). Reported as (1) Filatona Trading Limited (2) Oleg Vladimirovich Deripaska v (1) Navigator Equities Limited (2) Vladimir Anatolevich Chernukhin [2019] EWHC 173 (Comm.) and [2020] EWCA Civ 109.
• Acting for an insurer in a dispute with a state-owned oil company in ICC arbitration in Abu Dhabi.
• Acting for a Jersey trust company in respect of proceedings in the Royal Court to recover losses allegedly suffered by a discretionary trust. The claimant alleged failures to implement an adequate investment strategy and risk profile together with allegations of gross negligence and fraud in respect of LIBOR and fx manipulation.
• Acting for Georgy Bedzhamov in proceedings against him in Russian law including for fraud and controlling persons liability, for more than £1 billion brought by the Russian bank VPB. Lucy was instructed in recent applications where the defendant successfully sought permission to reply documents in litigation in Russia, and where the claimant abandoned its application for summary judgment worth c.US$ 30 million. (Led by Justin Fenwick QC).
•  Acting on highly sensitive claims worth US$500 million+ arising out of a dispute over industrial interests located internationally between high net worth individuals, involving allegations of fraud, conspiracy and money-laundering, and consequent high value claims against City solicitors for lost litigation which themselves include allegations of deliberate misconduct. (Led by Ben Hubble QC).
• Acting for Dubai-based claimants to advise on strategy in respect of potential claims against investment advisors arising out of a fraud in their pension and investment arrangements and the payment away of significant sums, dissipated through an unprotected offshore investment in Mauritius.
• Acting for a technology company now in administration seeking to bring claims against its directors for asset stripping and breach of trust and in particular, the transfer away of assets and funds to related companies in the US and the Philippines.
• Acting in a multi-million pound claim brought in relation to the drafting of a Share Purchase Agreement. (With Patrick Lawrence QC and Rick Liddell).
• Acting in relation to claims arising out of overpayment of shareholder dividends.
• Acting for the claimant in a claim for restitution in respect of monies paid away under a mistake.
• Instructed to advise and attend applications in various cases where complex issues have arisen in relation to a party being in administration or liquidation, including acting for a defendant wealth management company in liquidation.

‘A very good junior – she thoroughly researches her cases’ – Chambers and Partners, 2020

Lucy’s practice involves substantial and diverse offshore work in particular in the Channel Islands and Cayman. A significant part of her commercial litigation practice (particularly Russian/CIS litigation such as Deripaska v Chernukhin) has involved a significant offshore element and required expertise in this area. Recent instructions have included:

• Representing a Jersey trust company in an action in the Royal Court in respect of losses allegedly suffered by a discretionary trust. The claim concerned allegations of a failure to implement an adequate investment strategy and allegations of gross negligence and fraud regarding alleged LIBOR and fx manipulation.
• Acting for Oleg Deripaska in applications brought in the Jersey Royal Court regarding the proposed enforcement of £100 million+ arbitration awards and English judgments, in the context of the US sanctions.
• Acting for a high-net worth individual in respect of loss of chance claims, involving careful consideration of claims/litigation pursued offshore including in the BVI. Led by Ben Hubble QC.
• Acting on a contractual dispute regarding the purchase of substantial property on Jersey. With Anneliese Day QC and George McDonald.
• Acting on multiple Royal Court claims and arbitrations in Jersey of large-scale construction disputes. Lucy is one of the go-to English counsel for Jersey/Guernsey construction claims. (See Construction.)

“Provides very quick and commercially focused advice, and inspires confidence in clients.” – Legal 500, 2019

“She is very user-friendly and approachable.” – Chambers & Partners, 2019

“Perfect with clients and one of the cleverest barristers I have worked with.” “She provides consistently excellent service and understands entirely what we and our insured and insurer clients want.” – Chambers & Partners, 2018

‘Very able.’ – Legal 500, 2018

“She is user-friendly and her advice is always very clear and concise.” “She is extremely hard-working, very bright and has an exceptional mastery of the detail of complex matters. She provides invaluable input.” – Chambers & Partners, 2016

Ranked as a Leading Junior in both Chambers & Partners and the Legal 500, Lucy is praised for being “good at the detail, very positive and has good knowledge of the law.”, “she works hard under difficult circumstances and is very approachable and normal.”

Lucy is very experienced in the most large-scale and challenging professional liability matters, including claims alleging fraud, and high-value matters with a commercial or international angle or context. She has particular experience of acting for claimants in such litigation.

She acts for and against solicitors, barristers, accountants, valuers, and financial advisors (and other professionals). She also has particular expertise in technology and construction related claims against professionals.

“She will work tirelessly on any brief to ensure the best commercial outcome for her client. Her technical skills are second to none, although she also understands the wider commercial drivers around settling matters outside of court, and is adept at explaining very complex legal issues to lay clients in a very accessible and constructive way.” – Chambers and Partners, 2020

‘Destined to be one of the stars of the Bar.’ – Legal 500, 2020

Lucy has very extensive experience of hard-fought and high-value construction disputes, including the TCC, arbitration and adjudication. She acts for leading construction engineering companies and development companies and has dealt with the major forms of contract. She has worked extensively on construction disputes in Jersey and Guernsey.  Lucy has exceptional ability in respect of complex technical and scientific evidence and enjoys the challenge presented by it.

Lucy has equal experience of professional negligence claims against construction professionals, acting for and against architects, project managers and quantity surveyors. She has acted on multiple claims against heritage architects / architects working on listed or protected buildings.

Significant instructions in this area include:

• Recently instructed by Norton Rose Fulbright in an adjudication arising out of long-running litigation concerning a waste disposal plant constructed under a PFI contract, involving the proper interpretation of the insurance requirements under a construction contract. Led by Gordon Nardell QC (Essex Court Chambers).
• Recently instructed as sole counsel for a firm of engineering associates on a £12 million claim by Multiplex Construction Europe Ltd for the defective design of a slipform rig at 100 Bishopsgate. The client was retained to review and check the slipform design.
• Acting for a private client in intimated claims against well known heritage architects in respect of a disastrous renovation of Grade II* listed property in Hampstead, which led to threatened prosecution and enforcement action. Damages estimated at £1-2 million.
• Acting for claimant employers in respect of claims against an architect relating to a failed and seriously defective new-build residential development in Cheshire, and concerning mitigation strategy including demolition and rebuilding.
• Acting in claims for declaratory relief against McAlpine Grant Ilco Ltd concerning multiple adjudications and the issue of whether a PPM/project services contract has actually been entered into.
• Instructed by Dandara, a major property developer on Jersey, in Royal Court claims against a civil engineering contractor, arising out of allegedly defective subcontract works on the foundations of a beachfront property. Lucy led Marie-Claire O’Kane and Benjamin Fowler on these matters.
• Acting for the claimants in a £1 million+ claim in Guernsey against architects relating to the renovation of an ancient property into a modern home, which suffered from serious water ingress. Lucy led Will Harman.
• Acting for the claimants in two related arbitrations in Jersey concerning the construction of two multi-million pound projects. Allegations were of defective works including a pattern of construction failures to waterproof and protect coastal properties. Lucy worked closely in Jersey with the client’s remedial team to present the claim in the strongest possible way. With George McDonald.
• Acting for Construction Partnership UK Limited in arbitration, specifically a defects claim for £1.5 million+ arising out of construction projects in Manchester.
• Representing Carillion in a £10 million+ arbitration against a civil engineering firm concerning defective foundations. Led by Roger Stewart QC.
• Representing the successful contractor in preliminary issues in a claim against its subcontractor for negligent installation of a sprinkler system at an office block development. The preliminary issues concerned the proper construction of the contractual mechanism for determining practical completion: GB Building Solutions Ltd (In Administration) v SFS Fire Services Ltd [2017] EWHC 1289.
• Acting for Carillion Telent in a complex £2 million+ adjudication arising out of framework agreements and civil engineering works on a telephone network.
• Acting for Carillion on an adjudication arising out of final account and delay claims, pursuing negligence claims against an M&E engineer.
• Acting on behalf of the successful project manager/quantity surveyor in William Clark Partnership Ltd v Dock St PCT Ltd [2015] EWHC 2923 (TCC), defeating a “global” claim that the project manager had caused the entirety of a £1 million costs overrun. Lucy was instructed to appear on her own against Justin Mort QC (Keating Chambers). The Court of Appeal refused permission to appeal.
• 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, led by Anneliese Day QC. Carillion succeeded at trial. The case included a complex delay claim and allegations of breach of duty in respect of the corrosion of a low temperature hot water system.
• Acting on behalf of a development company in respect of a claim against architects and quantity surveyors arising out of the construction of a clubhouse, using a log-shell constructed in Russia.
• Instructed in respect of an adjudication under an NEC3 contract, in respect of delay issues arising out of the construction of an airport terminal.
• Acting on behalf of a leading engineering company in respect of a dispute and potential high-value arbitration against a major energy company arising out of the construction of a power station. There were complex factual and legal issues in respect of project management and responsibility in addition to technical issues. Again led by Anneliese Day QC.
• Advising a French company tendering for the construction of waste treatment processing at a new nuclear power station, in respect of the application of the FIDIC “Yellow Book” precedent.
• Successfully defending a firm of architects in a 5 day trial in Manchester TCC in respect of multiple allegations of negligence by a construction company arising out of the construction of office blocks, especially in respect of the design and specification of a roof and high level ventilation system.
• Acting for Carillion in respect of a claim brought by a subcontractor (now in administration) arising out of payments made in the course of 18 different construction projects.
• Acting for a quantity surveyor alleged to have inadequately supervised and monitored the demolition and rebuild of a property on Guernsey. The plaintiff alleged that the property was unfit for occupation and should be demolished. The plaintiff had also alleged that the construction company had concealed breaches and defective work. Lucy assisted the Ogier (Guernsey) team in preparing for trial (before settlement on Day One of trial).
• Acting for a defendant quantity surveyor in respect of a claim brought by a construction company, in respect of an unprofitable construction project carried out under a JCT. This includes issues arising out of failed dispute resolution, adjudication and (again) includes issues relating to the extent of the surveyor’s responsibilities and role.
• Acting for a regulated energy company against engineers in respect of damage done to a water main during excavation works on a bridge.

Lucy has extensive experience of the LCIA rules and an unusual amount of experience of section 67/section 68 challenges under the Arbitration Act, particularly in the Deripaska v Chernukhin litigation (in which she acts for Mr Deripaska, led by Justin Fenwick QC).

Lucy particularly enjoys insurance coverage disputes – and disputes purely concerning the construction of insurance policy wording. She also has experience of professional liability claims which require a thorough understanding of multiple issues of insurance law.

Examples of Lucy’s experience are as follows:

• Recent instructions from administrators/liquidators in high-value liquidations to advise on the proper construction of terms of policies including D&O policies.
• Led by Gordon Nardell QC (Essex Court Chambers) in an adjudication arising out of long-running litigation concerning a waste disposal plant constructed under a PFI contract, involving the proper interpretation of insurance requirements under a construction contract.
• Led by Graham Eklund QC for insurers in a rejection of a claim for an indemnity, and allegations that the claimant had fraudulently exaggerated his claim. The claimant abandoned his claim on the third day of trial.
• Instructed by the defendant insurer both to advise and to attend the hearing of a preliminary issue in the multi-million pound arbitration relating to both triggers to cover and aggregation, turning on complex points of construction of several policy clauses. The underlying claims against the assured arise out of large-scale claims-handling on behalf of multiple other insurance companies. (Led by both Sue Carr QC and Patrick Lawrence QC).
• Advised a Hong Kong manufacturing company on its rights against its insurers, under a policy governed by Hong Kong law, in relation to a product liability claim brought against the company in the US. This case involved multiple assureds and complex questions of notification.
• Acted for defendant English solicitors in a claim brought by a firm of Brazilian lawyers. The claim arose out of advice given in relation to a D&O policy of insurance, and concerned in particular issues of notification of claims against the claimants brought in various Brazilian states. (Led by Sue Carr QC).
• Acting for various insurers, defending coverage claims under both commercial and household policies of insurance, on multiple grounds including an assured’s failure to cooperate with insurer’s investigations.

Lucy appeared as junior counsel for the Secretary of State for Health (led by Leigh-Ann Mulcahy QC): R(on the application of McVey) s Secretary of State for Health [2010] EWHC 437 and [2010] EWHC 1225. The Secretary of State successfully resisted the judicial review brought in respect of the ex gratia compensation scheme set up to compensate those infected with variant Creutzfeldt-Jakob Disease, including a challenge by interested parties, living victims of the disease. This judicial review also engaged private law questions regarding trusts. Permission to appeal was refused.