Anna Lintner

Year of call:
2009
Email:
Anna.Lintner@39essex.com

Clerks:
020 7832 1111

“An excellent team player and a very impressive academic lawyer – she is incredibly insightful and also tactful in the delivery of her views to a wider team. Her advocacy on paper is succinct, persuasive and elegant”
The Legal 500 2021

Anna is a commercial and chancery practitioner specialising in commercial litigation and arbitration, banking and finance disputes, insolvency and company law matters and civil fraud. Anna is particularly interested in disputes arising at the intersection between her disciplines, such as banking or civil fraud matters involving an insolvency aspect. Anna is frequently led in substantial disputes but is equally confident being instructed as sole counsel and often appears as such against significantly more senior opponents including silks. She has considerable courtroom experience and is highly regarded for her engaging advocacy style and robust cross-examination skills. For example, Anna recently secured an overwhelming victory for her client following a two-week trial in Re. The Stratos Club Limited [2020] EWHC 3485 (Ch); [2021] EWHC 1008 (Ch), in which she appeared unled and the other side was represented by a silk and a junior. Anna is on the Attorney General’s B Panel of Junior Counsel to the Crown and is regularly instructed on behalf of Government Departments and Her Majesty’s Revenue and Customs.

Commercial Litigation & Arbitration


Anna’s practice covers all aspects of commercial litigation, including commercial contractual disputes, banking and finance, insurance, commercial fraud and professional negligence matters. Anna also has experience of acting in commercial arbitrations and is familiar with all of the major institutional rules including ICC, LCIA, SIAC, HKIAC and UNCITRAL. By way of example, she recently appeared as sole counsel in a $12m LCIA arbitration arising out of a dispute regarding a Ukrainian power plant investment. Anna also has experience in domestic Arbitration Act proceedings in the High Court (such as Tata Steel UK Ltd v Associated British Ports [2017] EWHC 694 (Ch), instructed by Eversheds Sutherland UK LLP) and acts as tribunal secretary in international arbitration proceedings

Banking & Finance


Anna is recommended by the Legal 500 as a leading junior in Banking and Finance. She is regularly instructed as sole or junior counsel in claims involving banks and other lenders, brokers and financial advisers, including proceedings relating to fraudulent investment schemes, mortgages, charges, debentures and bonds, guarantee and indemnity claims and consumer credit matters.

Anna has been instructed in a large number of claims arising from the sale of financial products, including complex interest rate derivatives and the manipulation of LIBOR. By way of example, she acted as junior counsel in Ventra Investments Limited v Bank of Scotland [2019] EWHC 2058 (Comm), a high-profile fraudulent misrepresentation claim arising from the manipulation of Sterling LIBOR, instructed by Hausfeld & Co LLP.

Civil Fraud


Anna is frequently instructed in civil fraud and tracing claims and is experienced at making and resisting applications for urgent freezing and proprietary injunctions, Norwich Pharmacal orders and search orders. Given her complementary insolvency expertise, Anna is well-placed to act in civil fraud matters involving an insolvency angle, including proceedings under s.423 Insolvency Act 1986 and actions on behalf of provisional liquidators. She recently acted for the Defendant trust entities in Kazakhstan Kagazy plc & Ors v Zhunus & Ors (interlocutory hearing [2021] EWHC 521 (Comm)), which included s.423 and tracing claims relating to a USD$300m judgment arising from a claim in conspiracy and breach of fiduciary duty. Current work includes acting in a number of claims on behalf of the provisional liquidators of companies used to perpetrate large-scale ‘labour supply’ frauds and an action against seven defendants, including a firm of city solicitors, arising out of a fraudulent investment scheme.

Insolvency & Restructuring


Anna acts for creditors (including HMRC), officeholders and debtors in both corporate and personal insolvency matters. She frequently acts in Insolvency Act applications brought by or against officeholders, including breach of duty and misfeasance claims against directors, transactional avoidance proceedings, s.236 applications and challenges against office-holders under ss.303 and 168(5), in addition to disputed petitions and injunctive relief applications. She recently appeared unled in the Court of Appeal against two silks and their juniors on behalf of creditors in Brake & Ors v Lowes & Ors [2020] EWCA Civ 1491, which considered the test for standing under s.168(5) Insolvency Act 1986. Anna is also instructed by HMRC in a variety of insolvency and enforcement matters, including in relation to Accelerated Payment Notices under the Finance Act 2014. She appeared for HMRC in Foster v HMRC [2019] EWHC 2077 (Ch), the first High Court case to consider the availability of public law defences to Accelerated Payment Notice enforcement proceedings.

Company


Anna has expertise in a range of company law matters including shareholder disputes (unfair prejudice petitions under s.994 Companies Act 2006, claims for breaches of shareholders’ agreements and derivative actions), proceedings relating to the enforcement of directors’ duties and breach of warranty claims arising from share purchase agreements. She recently appeared for the successful Petitioner, unled against a silk and junior, in a two-week trial in Langer v (1) McKeown (2) The Stratos Club Limited [2020] EWHC 3485 (Ch), a s.994 petition relating to the Sophisticats adult entertainment business. An appeal on a costs issue arising from the trial is due be heard by the Court of Appeal in October 2021, in which Anna will again appear unled. Anna is particularly interested in company law disputes in the fintech and start-up sectors and has recent experience of working on matters in these fields.

Anna also has expertise in proceedings under the Company Directors Disqualification Act 1986 and has been instructed in a large number of disqualification claims. For example, Anna appeared unled for the Secretary of State in Secretary of State for Business, Energy and Industrial Strategy v Murphy [2019] EWHC 459 (Ch), in which she obtained an eight-year disqualification order against a practising solicitor.

Related Cases


Kazakhstan Kagazy plc & Ors v Zhunus & Ors (interlocutory hearing reported at [2021] EWHC 521 (Comm))

Instructed on behalf of the defendant trust entities in enforcement proceedings (relying on s.423 Insolvency Act 1986 and tracing claims) relating to a USD$300m judgment arising from a claim in conspiracy and breach of fiduciary duty. Involved issues of Swiss and Cypriot law. Instructed by Prieskel & Co LLP. Led by William McCormick QC, with Joe-han Ho.

Re. The Stratos Club Limited, Langer v McKeown [2021] EWHC 1008 (Ch)

Appeared unled against a silk and junior. Succeeded in obtaining an interim payment on account of the price to be paid by the Respondent for the Petitioner’s shares following the making of a share buyout order. Instructed by Russells LLP.

Brake & Ors v Lowes & Ors [2020] EWCA Civ 1491

Appeared unled against a silk and junior in the Court of Appeal in an appeal relating to the test for standing under s.168(5) Insolvency Act 1986.

Re. The Stratos Club Limited, Langer v McKeown [2020] EWHC 3485 (Ch)

Appeared unled against a silk and junior in the 9 day trial of an unfair prejudice petition pursuant to s.994 Companies Act 2006. Succeeded in establishing all grounds of unfairly prejudicial conduct and obtained a share buyout order on favourable terms.

Brake & Ors v Lowes & Ors [2020] EWHC 538 (Ch)

Appeared unled against a silk and junior on behalf of creditors in Insolvency Act applications pursuant to ss.168(5)
and 303 Insolvency Act 1986. The case considered the test for standing under
s.168(5).

Ventra Investments Limited v Bank of Scotland [2019] EWHC 2058 (Comm)

Acted for the Claimant in a claim arising from the sale of complex interest rate
derivatives to a property management company, including a claim for
misrepresentation in relation to LIBOR rigging. Involved a heavy disclosure application, one of the first to be heard under the Disclosure Pilot. Instructed by Hausfeld LLP. Led by Stephen Davies QC, with Michael D’Arcy.

HMRC v Foster [2019] EWHC 2077 (Ch)

Instructed by HMRC in the first High Court case to consider whether public law
challenges to an Accelerated Payment Notice under the Finance Act 2014 can be
raised by taxpayers by way of defence to civil law enforcement proceedings.
Succeeded in establishing that such defences may be raised only by way of judicial
review or appeal to the FTT.

Re. St John Law Ltd, Secretary of State for Business, Energy and Industrial Strategy v Murphy [2019] EWHC 459 (Ch)

Instructed by the Secretary of State in director disqualification proceedings against a
practising solicitor. Obtained an eight-year disqualification order.

LCIA Arbitration (2018)

Sole counsel for the successful Claimant in two joined claims under the LCIA Rules.
The claims, which were for in excess of $12m, arose out of a dispute between two
Ukrainian businessmen.

Keeping Kids Company (In Liquidation) v Smith [2018] IRLR 484

Represented the Secretary of State in protective award proceedings arising out of the Keeping Kids Company liquidation.

Tata Steel UK Ltd v Associated British Ports [2017] EWHC 694 (Ch)

Represented the Respondent in this application for a stay pursuant to section 9 of
the Arbitration Act 1996. Instructed by Eversheds Sutherland and led by Zia Bhaloo
QC.

One World Logistics and Freight Ltd v HMRC [2017] UKFTT 832 (TC)

Acted for HMRC in Tax Tribunal appeal relating to the simplified inward processing procedure where goods were given an incorrect code by the importer’s agent when re-exported.

Rikki Cann Ltd v HMRC [2016] UKFTT 538 (TC)

Acted for HMRC in Tax Tribunal appeal relating to use of the simplified inward processing procedure for the restoration of classic cars.

Harrington v United States of America [2015, ET]

Acted for the Government of the United States of America in State Immunity
proceedings. Successfully established that the USA enjoyed State immunity in
relation to claims brought by a UK national employed by the US Armed Forces on a
military base in the UK. Instructed by Volterra Fietta and led by Professor Dan
Sarooshi QC.

A Company v Lloyds Bank plc (2014, Commercial Court)

Representing a property development company in a negligent advice claim against
Lloyds bank plc involving over £30 million of complex interest rate derivatives.
Instructed by Carter-Ruck and led by William McCormick QC.

Mid-Sussex Homes v Natwest Bank plc and Royal Bank of Scotland plc (2014, Mercantile Court).

Interest rate derivatives mis-selling claim. Instructed by Carter-Ruck and led by
William McCormick QC.

Brake & Ors v Lowes & Ors [2020] EWHC 538 (Ch)

Instructed on behalf of creditors in Insolvency Act applications pursuant to ss.168(5)
and 303 Insolvency Act 1986. The case considered the test for standing under
s.168(5); appeal due to be heard by the Court of Appeal in October 2020

Ventra Investments Limited v Bank of Scotland [2019] EWHC 2058 (Comm)

Acted for the Claimant in a claim arising from the sale of complex interest rate
derivatives to a property management company, including a claim for
misrepresentation in relation to LIBOR rigging.

HMRC v Foster [2019] EWHC 2077 (Ch)

Instructed by HMRC in the first High Court case to consider whether public law
challenges to an Accelerated Payment Notice under the Finance Act 2014 can be
raised by taxpayers by way of defence to civil law enforcement proceedings.
Succeeded in establishing that such defences may be raised only by way of judicial
review or appeal to the FTT.

Secretary of State for Business, Energy and Industrial Strategy v Murphy [2019] EWHC 459 (Ch)

Instructed by the Secretary of State in director disqualification proceedings against a
practising solicitor. Obtained an eight-year disqualification order.

LCIA Arbitration (2018)

Sole counsel for the successful Claimant in two joined claims under the LCIA Rules.
The claims, which were for in excess of $12m, arose out of a dispute between two
Ukrainian businessmen.

Tata Steel UK Ltd v Associated British Ports [2017] EWHC 694 (Ch)

Represented the Respondent in this application for a stay pursuant to section 9 of
the Arbitration Act 1996. Instructed by Eversheds Sutherland and led by Zia Bhaloo
QC.

Harrington v United States of America [2015, ET]

Acted for the Government of the United States of America in State Immunity
proceedings. Successfully established that the USA enjoyed State immunity in
relation to claims brought by a UK national employed by the US Armed Forces on a
military base in the UK. Instructed by Volterra Fietta and led by Professor Dan
Sarooshi QC.

A Company v Lloyds Bank plc

Representing a property development company in a negligent advice claim against
Lloyds bank plc involving over £30 million of complex interest rate derivatives.
Instructed by Carter-Ruck and led by William McCormick QC.

Mid-Sussex Homes v Natwest Bank plc and Royal Bank of Scotland plc (2014, Mercantile Court).

Interest rate derivatives mis-selling claim. Instructed by Carter-Ruck and led by
William McCormick QC.

Anna's Practice Areas


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