Lisa Linklater

Call details 1995
Qualifications MA in Law: University of Cambridge   ( Jesus College )
Legal Directories

Recommended in:

Commercial litigation in 2004, 2005 and 2006 editions of Legal 500 where she is recognised as "[showing] tenacity in insolvency cases" and described as “popular … tends to an insolvency specialisation within a general expertise” and

Insolvency/Corporate Recovery in Chambers & Partners UK where she has been described as “extremely quick, diligent and not afraid to take on difficult cases” (2007), "the leading light of the young Leeds Bar. She is practical, hard-working and very quick" (2006) and "well informed and puts her side of the case very well" (2005)
Practice Overview

Advocacy and advisory work in wide range of commercial and Chancery litigation, often involving issues of company or insolvency law.

Appointed Junior Counsel to the Crown in 2000. Represented and advised a variety of Government departments and bodies in this capacity including DEFRA, the Department for Constitutional Affairs, the Home Office, HM Revenue and Customs, Official Receivers and the Secretary of State for Trade and Industry.

Appointed Counsel to HM Customs and Excise in 2003. Acted on behalf of HM Customs and Excise in many VAT Tribunals and in the High Court.

 

Company, Clubs and Partnerships:

Acted in a wide range of disputes relating to companies, clubs and partnerships. Regularly advises upon exit strategies, including restrictive covenants and confidentiality issues. Represented shareholders, insolvency practitioners and company directors. Further experience includes litigation arising from business sales. Member of the editorial board of and regular contributor to the Company Lawyer (Sweet and Maxwell).

•  Number of contested shareholder disputes for both majority and minority shareholders

•  Drafting and advice on memorandum and articles of association of a North Yorkshire golf club

 

Commercial litigation :

Wide range of commercial matters, including contractual disputes, banking litigation, sale of goods issues, finance agreements, guarantees and cross-border issues. Experience of acting in many urgent applications for injunctions.

•  Represented the Rugby Football League in contractual dispute

•  Counsel for leading football club on various litigation relating to its sale

•  Brought a successful appeal to the Court of Appeal on the construction of a chattel leasing agreement

 

Personal and Corporate Insolvency:

Advising and representing creditors, debtors and insolvency practitioners on a wide range of matters arising in prospective and formal personal and corporate insolvency. Scope of experience includes contractual claims and property issues in an insolvency context. Regularly gives presentations on developments in insolvency law.

Examples of recent work include:

•  Representing office holders and defending numerous classic insolvency litigation claims e.g. preference, transaction at an undervalue and transaction defrauding creditor claims

•  Enforcement of retention of title clauses for creditors

•  Defending substantial claim against former director for alleged phoenix trading

•  Successfully defeating challenge to validity of appointment of an administrator

•  Numerous contested winding up petitions, bankruptcy petitions and administration applications

•  Counsel for the Official Receiver on a number of cases

•  Wide range of Companies Court applications

Property, Trusts and Wills

Previous case-work includes mortgage litigation, construction of wills, will disputes, Inheritance Act claims and property disputes.

•  Advised trust upon the Political Parties, Elections and Referendums Act 2000

Public Law and Statutory Construction

Regularly instructed on cases involving novel points on the construction of statutes. Experience of European and public law.

•  Instructed by DEFRA on a number of substantial claims against farmers for failure to comply with domestic and European milk quota legislation

•  Acted for HM Revenue and Customs on cases varying from the place of supply of clairvoyancy services to the rate applicable to the hire of bicycle trailers at Center Parcs

Advised company operating a directory business on the construction of the Unsolicited Goods and Services Act 1971
Professional Memberships

Chancery Bar Association, Northern Chancery Bar Association, Insolvency Lawyers' Association and North Eastern Circuit .

Founder and convener of the Yorkshire Chancery Commercial Group

Publications and Seminars

Member of the editorial board of "The Company Lawyer" (Sweet and Maxwell) to which she regularly contributes.

Co-author of Rider, Alexander and Linklater "Market Abuse and Insider Dealing" (Butterworths) and a contributor to "The Reform of United Kingdom Company Law" (Cavendish Publishing).

Recent articles include: "New style administration: a substitute for liquidation?" and "Piercing the Corporate Veil: the never ending story?" (both published in “The Company Lawyer”)

Recent seminars include:

•  Directors' duties in the Companies Act 2006

•  Retention of Title Clauses

•  Update on transaction at an undervalue case-law

Education Pupillage at Erskine Chambers (Richard Snowden QC) and 11 New Square (Jonathan Peacock QC)
Law degree at University of Cambridge (Jesus College)
Secondary education at St George's, Edinburgh  
Languages French (fluent) and German (fluent)  
Significant Cases

Customs & Excise Commissioners v Shaw (Ch D) Lindsay J 15/11/06

Successfully appealed decision of VAT Tribunal as to construction and application of statutory instrument.

Re Johnson [2006] BPIR 987 (HHJ Roger Kaye QC)

Acted on behalf of the Official Receiver. Issue was whether court had jurisdiction to annul bankruptcy order after discharge of bankruptcy on approval of voluntary arrangement.

Michael Gerson (Leasing) Ltd v Jack Loach & ors (CA) (Pill LJ, Robert Walker LJ, Sir Martin Nourse) 10/7/02

Successful appeal on the construction of a chattel leasing agreement.