Hannah Fry

Hannah’s commercial practice covers all aspects of commercial litigation, including commercial contractual disputes, commercial and civil fraud, banking and finance and related enforcement action. Her experience includes complex litigation both domestically and internationally. Hannah regularly appears in the Business and Property Courts of the High Court and the County Court in a range of commercial litigation. Hannah also has experience of acting in international commercial arbitrations as counsel and tribunal secretary. 
Further, see below Hannah’s experience in:

• Company, Insolvency and Civil Fraud; and
• International Arbitration.

Cases of note

• Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40: Instructed on behalf of the All Party Parliamentary Group on Fair Business Banking (APPG) as an Intervener in the Supreme Court, in which the UK’s highest court recognised and articulated the existence of lawful act duress in England and Wales. Led by Thomas Roe KC and Richard Samuel.
  Judgment
  Westlaw 
• LCIA Arbitration [2023]: Instructed as Tribunal Secretary to a three-member LCIA Tribunal in a high-value (approx. €120 million) commercial investment arbitration in relation to the circumstances of COVID-19 and force majeure in the gambling sector. Chair of the Tribunal, Peter Rees KC.
• Facilities agreement and guarantee [2023]: Instructed by various connected companies in the oil & gas power sector, based in Mauritius and internationally, to advise on the effect of facilities agreements in relation to the sale and transfer of assets and the validity of guarantees. Led by James Ramsden KC.
• Regulatory effect of restructuring [2023]: Instructed on behalf of a telecommunications company to advise in relation to the regulatory effect of corporate restructuring involving interpretation of statutes in Anguilla, the BVI and Guyana. Led by Nigel Pleming KC.
• Fraudulent misrepresentation [2023]: (Ongoing) Instructed by the owner of a restaurant business in connection with alleged fraudulent misrepresentation (approx. £750,000). 
• Digital Media Team Limited v The BootBuddy Limited [2022]: Instructed on behalf of the defendant company specialising in selling shoe care products in relation to a dispute concerning contractual interpretation and termination of the contract. Successfully settled. 
• Termination of contract [2022]: Instructed on behalf of an insurance broker to advise in relation to the purported termination of a contract and novation. 
• Enforcement of Russian judgment [2021]: Instructed on behalf of a Russian communications company to advise on enforcement of a Russian judgment in England and the effect of foreign limitation periods on enforcement.
• Negligence banking claim [2021]: Acting for a major bank in relation to a claim for negligence concerning a customer scam. Led by Darren Martinez.
• National Bank Trust v Yurov & Others [2020] EWHC 100 (Comm): Assisted (as a pupil) in an eight-week trial in the Commercial Court, which concerned a claim by a Russian bank alleging misappropriation of assets against its former directors and shareholders. Led by Tom Poole KC.
• See further cases under Company, Insolvency and Civil Fraud.

Hannah frequently appears in the High Court before insolvency and company court judges, both led and as sole counsel, in a range of company and insolvency matters. Hannah is also regularly instructed in civil fraud and tracing claims.

Her experience includes breach of fiduciary duty claims under s212 Insolvency Act 1986 (“IA 1986”), fraudulent trading claims under s213 IA 1986, wrongful trading claims under s214 IA 1986, transactions at undervalue under s238 IA 1986, shareholder disputes, unfair prejudice petitions under s994 of the Companies Act 2006 (“CA 2006”), claims for breaches of shareholders’ agreements, suspension from automatic discharge from bankruptcy applications, removal of company directors and contested winding up and bankruptcy proceedings.

Hannah is experienced at making and resisting applications for freezing and proprietary injunctions, Norwich Pharmacal orders and s236 IA 1986 applications for inquiries into a company’s dealings. In addition, Hannah has experience of applications concerning asset recovery such as charging orders and third party debt orders. Given Hannah’s insolvency experience, she is also well-placed to act in civil fraud matters involving an insolvency angle, including proceedings under s423 IA 1986 and actions on behalf of provisional liquidators.

Cases of note

• Mercy Global Consult Ltd (In Liquidation) v Adegbuyi-Jackson: (Ongoing) Instructed by the claimant liquidators of an “umbrella” company who provided payroll services to individuals who were predominantly placed for work in the healthcare sector in connection with a £23 million VAT fraud claim against the company’s former directors and others. Led by Clara Johnson.
• [2024] EWHC 171 (Ch) Consequentials: Successfully resisted an application to adjourn the consequentials hearing and permission to appeal and consequentials hearing concerning calculation of the equitable compensation, interest and costs. 
  Judgment
  Westlaw
• [2023] EWHC 3203 (Ch) Main Judgment: Successfully obtained judgment against twelve of the defendants in relation to the company’s claims for breach of fiduciary duty under s212 IA 1986, dishonest assistance, knowing receipt and proprietary claims made in relation to various assets including bitcoin, investment accounts and real property. 
  Judgment
  Westlaw
• [2023] EWHC 2567 (Ch) Debarring Order: Successfully resisted an application to adjourn trial pending the outcome of the defendants’ permission to appeal application at the Supreme Court and an application to adjourn the hearing of the claimant’s application to debar numerous defendants from defending the claim and obtained a debarring order in respect of numerous defendants. 
  Judgment
  Westlaw
• Instructed as sole counsel in relation to ancillary charging orders. 
• Re D.W.B. Waste Management Ltd [2024]: (Ongoing – Trial listed for May 2024) Instructed by the claimant liquidators of a company who traded in recycled waste for energy purposes against the company’s former director in relation to alleged under-declaration of VAT, unlawful payments and unlawful cash withdrawals. Claims are brought in breach of fiduciary duty under s212 IA 1986 and as transactions at undervalue under s238 IA 1986. Instructed as sole counsel.
• Re E-Tel (UK) Ltd [2023] EWHC 1214 (Ch): Instructed by the claimant liquidators of a company who imported, purchased and sold mobile phones in connection with a £1.5 million MTIC fraud claim against the company’s former director. Successfully obtained judgment against the defendant for fraudulent trading under s213 IA 1986. Further, in circumstances where the First-tier Tax Tribunal had found that the company had knowledge of connections to fraudulent losses in relation to its export deals on mobile phones, Hannah successfully argued that it would be an abuse of process to re-litigate those assertions. Instructed as sole counsel.
  Westlaw
• Re Arete Systems Ltd [2023]: Instructed by the claimant liquidators of a company whose trading consisted of wholesale buying and selling of alcohol in connection with a £8 million MTIC fraud against the company’s former director. Judgment was successfully obtained against the defendant for fraudulent breach of fiduciary duty under s212 IA 1986. Instructed in relation to pre-trial work (advice, pleadings and directions hearings) and led by Clara Johnson.
• The Official Receiver v Martin Frost and Janet Orr Frost [2023]: Instructed on behalf of the trustee in bankruptcy. Successfully obtained suspension of both Mr and Mrs Frost’s automatic discharge from bankruptcy under s279(3) IA 1986 on the grounds that Mr and Mrs Frost failed to comply with their obligations under s333 IA 1986. 
• Re PB Grape Ltd [2023]: Successful application on behalf of the joint administrators for the administration of the Company to cease to have effect and the company to be wound up by the court pursuant to paragraph 79 of Schedule B1 IA 1986 and for the Applicants to be appointed as joint liquidators of the company pursuant to s140 IA 1986. 
• In the matter of Inspirato Fund No.2 PCC Limited [Cells E, F & G in Cell Administration] [2021]: Assisted in an appeal to the Court of Appeal for Gibraltar acting for a director in relation to the Protected Cell Companies Act 2001 and whether a director can be subject to examination by a cell administrator (in court or otherwise). Led by Daniel Feetham KC.
• Multi-million unfair prejudice petition in Gibraltar [2021]: Instructed on behalf of a company involved in a multi-million unfair prejudice petition in Gibraltar. Led by Daniel Feetham KC and Darren Martinez. 

Hannah’s construction practice covers all aspects of construction law and she is instructed by employers and contractors in a broad range of construction and engineering matters, both as sole and junior counsel, including payment disputes, defect claims and delay and disruption claims. Her practice incorporates High Court work, including cases in the TCC, as well as the Country Court, and adjudication and domestic arbitration. Hannah also has experience of acting in international construction arbitrations as counsel and tribunal secretary. Given Hannah’s complementary insolvency expertise, Hannah is well-placed to act in construction matters involving an insolvency angle and she is particularly interested in assisting in such matters.

Hannah was seconded to the construction department of a city law firm during 2022 to 2023. While on secondment, Hannah assisted in high-value adjudications involving defect and delay claims and advised on matters involving litigation privilege, sale and purchase agreements, collateral warranties, the Building Safety Act 2022 including remediation orders and remediation contribution orders, and matters involving cladding and fire-related defects.

Further, Hannah gained experience and knowledge of the construction and energy industry through her LLM in Comparative and International Dispute Resolution in which she obtained a Distinction in both International Construction Contracts and Dispute Resolution and International Arbitration and Energy. Her thesis for her Master of Laws concerned the challenges facing statutory adjudication in UK construction contracts. 

Hannah has particular interest and experience in matters involving the Building Safety Act 2022, having appeared before the FTT involving a remediation contribution order, the experience she gained on her secondment and the cross-over in her practice with insolvency and public law. Hannah regularly gives seminars on this topic as part of 39 Essex Chamber’s Fire Team.

Hannah is a contributing author of the following texts:

• “The History of Technology and Construction Court: Rewriting the Rules” (Hart Publishing, 2023) with Sir Rupert Jackson KC and Nicholas Higgs focusing on analysis of the Housing Grants, Construction and Regeneration Act 1996 focusing on adjudication.
• “The Law of Net Zero and Nature Positive” (Ongoing and due to be published in 2024) focusing on the analysis of the relationship between the construction phase and net zero.

Recent talks and articles:

• 39 Essex Chambers Construction All-Day Conference 2023: The Building Safety Act’s first 18 months and its future (London, October 2023)
• Building Safety Act in the Court of Appeal: URS Corporation Ltd v BDW Trading Ltd Webinar and Article (London, July 2023)
• Construction and Insolvency 2023: Where are we now? (February 2023, Published in the second edition of Construction Law Quarterly for 2023, Proceedings of the Institution of Civil engineers – Management, Procurement and Law)

Cases of note:

• ADCCAC Arbitration [2023]: Instructed in a construction arbitration worth over USD 1.4 billion concerning termination, delay and consequential losses arising out of a large infrastructure under ADCCAC Arbitration Rules. Led by Adam Robb KC.
• ICC Arbitration [2023]: (Ongoing) Instructed as Tribunal Secretary to a three-member ICC tribunal in a high-value (worth over USD 100 million) construction arbitration concerning delay and defects in relation to a sulphuric acid plant and power plant under ICC Rules. Chair of the Tribunal, Lindy Patterson KC.
• ICC Arbitration [2023]: Instructed in a high-value construction arbitration (worth approx. KWD £20 million) concerning changed works and remeasured quantities in relation to an oil refinery under ICC Rules. Led by David Brynmor Thomas KC.
• Dr Lellis Francis Braganza v (1) Princess House Management Limited (2) Wallace Estates Limited [2023]: Instructed on behalf of a developer concerning applications under s27A of the Landlord and Tenant Act 1985 in respect of service charges and s124 of the Building Safety Act 2022 for a remediation contribution order. At the CMC, Hannah successfully obtained strike out of part of the claim and resisted joinder to the existing proceedings and consolidation with the RCO proceedings. 
• PFI Adjudication [2022]: Instructed in a PFI adjudication concerning advice in relation to the validity of a compensation event arising out of a NEC3 Contract. Led by Marion Smith KC.
• Architectural Aluminium Limited v Inhabit Europe Limited [2022]: Instructed on behalf of a cladding company in a CCMC in the TCC concerning a contract for design services in relation to defective design and delay. 
• Adjudication Advice [2022]: Instructed in a multi-million adjudication claim (approx. £15 million) to advise as junior counsel in relation to aspects of delay and disruption arising out of a JCT Contract.
• Adjudication Advice [2022]: Instructed on behalf of a housing association to advise on whether there were grounds to challenge a certificate for making good defects and the surrounding factual context. 
• (1) Peter May (2) Christine May v Michael Bromfield [2022]: Instructed on behalf of freeholders of a domestic property in multi-track proceedings concerning defects and involving applications concerning summary judgment and amendment of pleadings. 
• Domestic construction/property arbitration [2022]: Instructed in a domestic construction/property arbitration concerning defects. Led by Tom Poole KC.
• ICC Arbitration [2021]: Instructed on behalf of an Italian subcontractor in a multi-million ICC construction arbitration seated in Dubai under ICC Rules. Led by Richard Samuel.

Hannah regularly acts in international commercial and construction arbitrations both as counsel and tribunal secretary. She has significant experience in International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Abu Dhabi Commercial Conciliation and Arbitration (ADCACC) and UNICITRAL arbitration and she is familiar with all of the major institutional rules including ICC, LCIA, SIAC, HKIAC and UNICITRAL. 

Hannah obtained a distinction in her Master of Laws in Comparative and International Dispute Resolution, at Queen Mary, University of London, where she specialised in international commercial and construction arbitration. She has also been a guest lecturer at the University of West London in international commercial arbitration and mediation. 

Hannah has a particular interest in arbitration disputes in the Asia Pacific region, India and the Middle East.

Hannah’s recent articles and seminars include:

• Successful section 68 Arbitration Act 1996 challenged to $11 billion dollar award procured by fraud: The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (39 EC Commercial, Construction and International Arbitration Blog, November 2023)
• AIJA 13th Annual Arbitration Conference in Athens: Supply chain disputes – the Suez Canal blockage and beyond (Athens, September 2023)
• LIDW 2023: Mediation in the Litigation Process – An International Perspective (London, May 2023)
• Escalating Arbitration Agreements, Admissibility or Jurisdiction: Singapore, England and Hong Kong (39 EC Commercial, Construction and International Arbitration Blog, November 2022)
• AIJA 2022 Annual Conference in Singapore: Old Tricks, New Tricks: Corruption in Arbitration (Singapore, August 2022)
• Seminar hosted with the Singapore Management University (SMU): Reforms to the Arbitration Act 1996 (London, March 2022)

Cases of note:

• ADCCAC Arbitration [2023]: Instructed in a construction arbitration worth over USD 1.4 billion concerning termination, delay and consequential losses arising out of a large infrastructure under ADCCAC Arbitration Rules. Led by Adam Robb KC.
• ICC Arbitration [2023]: (Ongoing) Instructed as Tribunal Secretary to a three-member ICC tribunal in a high-value (worth over USD 100 million) construction arbitration concerning delay and defects in relation to a sulphuric acid plant and power plant under ICC Rules. Chair of the Tribunal, Lindy Patterson KC.
• LCIA Arbitration [2023]: Instructed as Tribunal Secretary to a three-member LCIA Tribunal in a high-value (approx. €120 million) commercial investment arbitration in relation to the circumstances of COVID-19 and force majeure in the gambling sector. Chair of the Tribunal, Peter Rees KC.
• ICC Arbitration [2023]: Instructed in a high-value construction arbitration (worth approx. KWD £20 million) concerning changed works and remeasured quantities in relation to an oil refinery under ICC Rules. Led by David Brynmor Thomas KC.
• ICC Arbitration [2021]: Instructed on behalf of an Italian subcontractor in a multi-million ICC construction arbitration seated in Dubai under ICC Rules. Led by Richard Samuel.
• UNICITRAL Arbitration [2019]: Assisted (as a pupil) in a multi-million oil and gas arbitration concerning an oil field production service contract seated in Trinidad and Tobago under UNCITRAL Arbitration Rules. Led by Peter Knox KC and Robert Strang. 

Hannah has gained experience in a wide range of public and constitutional law matters, both in domestic and commonwealth contexts. Hannah has appeared led in the Privy Council and provided assistance in the Eastern Caribbean Supreme Court.

Cases of note:

• Chandler v The State No 2 (Trinidad and Tobago) [2022] UKPC 19: Instructed by, and successfully acted for, the respondent, the State of Trinidad and Tobago, before a panel of nine justices. This case concerned whether the mandatory death penalty for murder in Trinidad and Tobago, pursuant to section 4 of the Offences Against the Person Act 1925, was unconstitutional. Led by Howard Stevens KC and Tom Poole KC.
  Judgment
  Westlaw
• Maharaj and others v The State (Trinidad and Tobago) [2021] UKPC 27: Instructed by, and successfully acted for, the respondent, the State of Trinidad and Tobago. This case clarifies the test of credibility in deciding on the admissibility of fresh evidence, in particular recantation evidence, in criminal law. Led by Tom Poole KC.
  Judgment
  Westlaw
• James Spencer & Ors v (1) The Attorney General of Antigua and Barbuda (2) The Antigua Port Authority [2021]: Assisted on a judicial review and constitutional law case in the Eastern Caribbean Supreme Court concerning the legality of a long-term concession contract in respect of cruise facilities and services. Led by James Guthrie KC.