Anna Lintner

Anna’s practice covers all aspects of commercial litigation, including commercial contractual disputes, commercial fraud, banking and finance and professional negligence matters. Anna has experience of acting in commercial arbitrations and is familiar with all of the major institutional rules including ICC, LCIA, SIAC, HKIAC and UNCITRAL. Anna also acts as tribunal secretary in international commercial arbitration proceedings. Anna is recommended as a leading junior in commercial litigation by The Legal 500 2022.

Cases of Note:

• Umbrella Care Limited (In Liquidation) v Nisa and Ors [2022] EWHC 86 (Ch) - Instructed by the liquidators of a payroll company in a £36m tax fraud claim against the company’s former directors and others. Successfully obtained summary judgment against five of the defendants in relation to the company’s claims for breach of fiduciary duty, dishonest assistance and knowing receipt. Trial of the remaining claims and issues listed for November 2022. Instructed by Wedlake Bell LLP and led by Christopher Brockman.
• Kazakhstan Kagazy plc and 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 s423 Insolvency Act 1986 and tracing claims) relating to a US$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.
• Ventra Investments Ltd (In Liquidation) v Bank of Scotland plc [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 decided under Practice Direction 51U (PS51U). Instructed by Hausfeld LLP and led by Stephen Davies, with Michael D’Arcy.
• 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 US$12m, arose out of a dispute between two Ukrainian businessmen. Instructed by Onside Law LLP.
• Tata Steel UL 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.

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 s423 Insolvency Act 1986 and actions on behalf of provisional liquidators.

Cases of note

• Abell and Ors v Locke Lord (UK) LLPs and Ors - Currently instructed on behalf of 37 claimants in a claim against seven defendants arising out of an allegedly fraudulent investment scheme. Instructed by Keystone Law and led by Marion Smith QC.
• Umbrella Care Limited (In Liquidation) v Nisa and Ors [2022] EWHC 86 (Ch) - Instructed by the liquidators of a payroll company in a £36m tax fraud claim against the company’s former directors and others. Successfully obtained summary judgment against five of the defendants in relation to the company’s claims for breach of fiduciary duty, dishonest assistance and knowing receipt. Trial of the remaining claims and issues listed for November 2022. Instructed by Wedlake Bell LLP and led by Christopher Brockman.
• Kazakhstan Kagazy plc and 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 s423 Insolvency Act 1986 and tracing claims) relating to a US$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.

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.

Cases of note

• All Party Parliamentary Group on Fair Business Banking v Financial Conduct Authority - Currently instructed on behalf of the All-Party Parliamentary Group on Fair Business Banking (APPG) in judicial review proceedings against the Financial Conduct Authority (FCA). The APPG is seeking to challenge the FCA’s decision to refuse to take action to procure redress for sophisticated customers who were mis-sold interest rate hedging products, in light of the findings made by John Swift QC in his Review into the FCA’s Supervisory Intervention on Interest Rate Hedging Products. Instructed by Hausfeld LLP and led by Thomas Roe QC.
• Abell and Ors v Locke Lord (UK) LLP - Currently instructed on behalf of 37 claimants in a claim against seven defendants arising out of an allegedly fraudulent investment scheme. Instructed by Keystone Law and led by Marion Smith QC.
• Ventra Investments Ltd (In Liquidation) v Bank of Scotland plc [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.

Anna acts for creditors, 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, s236 applications and challenges against officeholders under ss303 and 168(5), in addition to disputed petitions and injunctive relief applications. 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. Anna is a contributor to Tolley’s Insolvency Law Service. 

Anna has expertise in a range of company law matters including shareholder disputes (unfair prejudice petitions under s994 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. 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 extensive experience of proceedings under the Company Directors Disqualification Act 1986 and is currently instructed as part of the counsel team on behalf of the Secretary of State in the disqualification proceedings against the former directors of Carillion plc.

Cases of Note

• Secretary of State for Business, Energy  and Industrial Relations v Adam and 7 Ors [2022] EWHC 922 (Ch) - Currently instructed on behalf of the Secretary of State in the director disqualification proceedings against eight former directors of Carillion plc, the largest director disqualification claim ever brought. Trial listed in 2023. Instructed by Womble Bond Dickinson and led by Mark Cunningham QC and David Mohyuddin QC, with Tom Shepherd and Ben Archer.
• McKeown v Langer [2021] EWCA Civ 1792 - Appeared as sole counsel for the successful respondent in the Court of Appeal, against a silk and junior. The appeal dealt with a novel point of costs law, namely whether the existence of an undisclosed global without prejudice save as to costs (WPSATC) offer in split trial proceedings – in this case an unfair prejudice petition pursuant to s994 Companies Act 2006 – required the court to reserve the costs of the liability stage until the conclusion of proceedings when the WPSATC offer could be considered by the court. The Court of Appeal held that it did not and dismissed the appeal. Instructed by Russells Solicitors.
• Re. The Stratos Club Limited, Langer v McKeown [2020] EWHC 3485 (Ch) - Appeared unled for the successful petitioner in this unfair prejudice petition pursuant to s994 Companies Act 2006, relating to the Sophisticats adult entertainment business. Following a two-week trial against a silk and junior, Anna succeeded in establishing all of the pleaded grounds of unfairly prejudicial conduct and obtained a share buyout order for her client on very favourable terms. At a subsequent hearing ([2021] EWHC 1008 (Ch)) Anna succeeded in obtaining an interim payment on account of the price to be paid by the respondent for the petitioner’s shares. Instructed by Russells Solicitors.
• Brake and Ors v Lowes and 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 s168(5) Insolvency Act 1986.
• Brake and Ors v Lowes and Ors [2020] EWHC 538 (Ch) - Appeared unled against a silk and junior on behalf of creditors in Insolvency Act applications pursuant to ss168(5) and 303 Insolvency Act 1986. The case considered the test for standing under s168(5).
• 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 First-tier Tribunal (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.