Hannah Fry

Hannah has a broad practice covering all areas of commercial law and has worked on a variety of commercial disputes both domestically and internationally. She regularly appears in the County Court, High Court and before insolvency and company court judges in a range of general commercial claims including banking and financial services, civil fraud, commercial contracts, company and insolvency and partnership disputes. Her experience also includes enforcement actions including third party debt orders and charging orders.

Areas covered

• Banking and Financial Services
• Civil Fraud
• Commercial Contracts

Cases of note

• Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 - Junior counsel in the Supreme Court (led by Thomas Roe QC and Richard Samuel) instructed by the All Party Parliamentary Group on Fair Business Banking as an Intervener, in which the UK’s highest court recognised and articulated the existence of lawful act economic duress in England and Wales.
  Judgment
  Judgment pdf
• Assisting Darren Martinez (Hassans) acting for a major bank in relation to a claim for negligence concerning a customer scam worth €30,000.
• Assisting Daniel Feetham QC and Darren Martinez (Hassans) in advising a trustee in relation to investment providers’ fees in a pension trust scheme.
• Acting for a liquidator in respect of a final third party debt order worth £750,000 arising from a breach of fiduciary duty claim.
• Advising on enforcement of a Russian judgment in England and the effect of foreign limitation periods on enforcement.
• Assisting Simon Davenport QC in a partnership dispute concerning restrictive covenants. 
• Assisting Tom Poole 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 (as a pupil).

Hannah regularly appears before insolvency and company court judges both led and unled in a range of insolvency and bankruptcy matters. Her experience includes breach of fiduciary duty claims, fraudulent trading claims, unfair prejudice petitions, contested winding up and bankruptcy petitions.

Hannah has recorded a webinar on the remuneration of the officer holder for R3’s Introduction to Insolvency eLearning Series. She has written articles on how company voluntary arrangements (CVAs) fit with the current approach of “rescue culture” for companies facing financial difficulties due to coronavirus and remote hearings of winding-up and bankruptcy petitions under the Temporary Insolvency Practice Direction.

Cases of note

• Junior counsel (led by Daniel Feetham QC and Darren Martinez) acting for a company in a multi-million unfair prejudice petition in Gibraltar.
• Junior counsel (led by Clara Johnson) acting for the liquidator in relation to a claim against a former director for fraudulent breach of fiduciary duty and fraudulent trading worth £8m.
• Assisting Daniel Feetham QC 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).

Hannah is developing a broad practice in a range of construction and engineering matters, including both litigation and arbitration.

She has 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.

Hannah is also keen to develop her experience of adjudication. Hannah’s dissertation during her LLM concerned the challenges facing statutory adjudication in UK construction contracts.

Cases of note

• Junior counsel (led by Richard Samuel) in a construction arbitration, seated in Dubai under the ICC arbitration rules.
• Junior counsel (led by Tom Poole QC) in a two-day domestic construction/property arbitration.
• Assisting Robert Strang in an arbitration concerning an oil field production service contract under the UNICITRAL arbitration rules (as a pupil).

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. Hannah is also a member of the Government Legal Department’s Panel of Junior Junior Counsel.

Cases of note

• Chandler v The State No 2 (Trinidad and Tobago) JCPC 2020/0051 - Junior counsel (led by Howard Stevens QC and Tom Poole QC) instructed by the respondent before a panel of nine justices. This case concerns whether the mandatory death sentence in Trinidad and Tobago, pursuant to section 4 of the Offences Against the Person Act 1925, is unconstitutional.
• Maharaj and others v The State (Trinidad and Tobago) [2021] UKPC 27 - Junior counsel (led by Tom Poole QC) instructed by, and successfully acted for, the respondent. This case clarifies the test of credibility in deciding on the admissibility of fresh evidence, in particular recantation evidence, in criminal law. 
  Judgment
  Judgment pdf
• Assisting James Guthrie QC 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.

Cases of note

• Junior counsel (led by Tom Poole QC) in a two-day domestic construction/property arbitration.
• Advising a landlord on the construction of a lease, in particular a covenant against alteration.
• Advising a tenant on the term of a tenancy agreement and eviction.