Commercial disputes
Colleen has experience in a range of commercial disputes. Her recent work in this area includes:
Civil Fraud and Unjust Enrichment
- Being instructed as part of a team of juniors to assist with a document review in an insurance case arising out of fraudulent “placement” of a (non-existent) reinsurance policy by a sub-broker with damages in the region of £15 million. During pupillage, Colleen had drafted a skeleton on behalf of the claimant for the CMC in this matter which addressed, amongst other issues, the appropriateness of a split trial.
- Settling the Particulars of Claim on behalf of an employer in a claim for restitution of unjust enrichment, namely the receipt of sick pay payments to which the employee had no entitlement due to breaches of various terms of the contract of employment.
- Settling the Defence on behalf of the promoter of a tax mitigation scheme in relation to an alleged secret commission claim valued at over £1.5 million (during pupillage).
Director’s Duties and Fiduciary Duties
- Advising a director of a company in relation to bringing a claim against a fellow director following their misappropriation of company funds in breach of fiduciary duty. The director accused of misappropriation alleged that they were a creditor of the company and were entitled to appropriate the sums in question. As the director had since left the country, service of proceedings and enforcement of any subsequent judgment were relevant considerations.
Sale of Goods and Services
- Contracts for Services: Advising on whether a clause excluding liability for anticipated savings operated to limit the claimant’s recoverable losses and whether, in any event, the claim in its entirety was capped at £2 million on the basis of a liability cap. This matter included consideration of the Unfair Contract Terms Act 1977 (during pupillage).
- Contracts for Services: Assisting Elizabeth Boon in advising a leading UK university in relation to a claim against it by a former student for damages of over £5 million for loss of earnings following wrongful expulsion. Specifically, Colleen assisted with advising on the application of abuse of process and res judicata on the basis that there had been previous legal proceedings in relation to the alleged breach which had resulted in declarations made in favour of the claimant.
- Contracts for Services: Settling the Reply and Defence to Counterclaim on behalf of a firm of solicitors claiming the sum of unpaid invoices from their clients. The dispute arose in relation to whether services fell within the existing retainer or amounted to a distinct retainer for which additional sums were due – a matter turning on contractual interpretation.
- Contracts for Services: Successfully negotiating settlement in advance of the hearing of an application by the other side for summary judgment. The claim arose out of a contract between the claimants and an estate agency. Colleen represented the claimants, previously litigants in person, who had alleged that, pursuant to the terms of the contract between the parties, commission was not due to the estate agency, and that, in any event, the service was performed negligently and so there was a defence of set-off.
- Contracts for Services: Advising a company in relation to an application to set aside default judgment in a claim arising out of unpaid invoices for shipping services. The company had queried the raising of the invoices, but the shipping company had proceeded to issue proceedings prematurely for the sum of the unpaid invoices plus substantial interest. Colleen provided advice and drafting ahead of the application hearing.
- Sale of Goods: Settling the Defence on behalf of the importer and mid-chain supplier of an allegedly defective motorcycle in a claim for repair costs. Issues included whether a product recall should have been issued and whether the importer/mid-chain supplier owed duties to the claimant as the ultimate purchaser of the product. Colleen subsequently drafted an application for strike out/summary judgment and will appear at the hearing of this application later this year.
- Consumer Law: Securing judgment for the claimant in a claim against a removals company. In the course of the provision of the service, the claimant’s items were damaged. Sums owed to the claimant were in dispute due to a purported liability cap under the contract. The case turned on interpretation of contract terms between the parties and the Consumer Rights Act 2015.
- Consumer Law: Acting for a well-known chain of hotels in a claim for breaches of the Consumer Protection Act 1987 and the Consumer Rights Act 2015 on the basis of the supply of an allegedly defective food product which caused a hotel guest to suffer a serious anaphylactic shock.
Colleen also frequently advises and drafts pleadings in cases arising out of supply of services contracts where property damage has been suffered as a result of alleged breach of the implied or express terms of that contract. See the Property Damage section of her profile for examples of recent work in this area.
Colleen has been awarded a Pegasus Scholarship as part of which she will undertake a placement at a commercial law firm in the UAE as well as in the DIFC Courts. This will provide an opportunity to further her knowledge of and exposure to commercial litigation and arbitration, especially within an international context.
Colleen is a member of COMBAR (the Commercial Bar Association).
Selected Cases
View full profile »Awards
- Inner Temple Pegasus Scholarship
- Inner Temple Duke of Edinburgh Entrance Award
- Inner Temple Major Scholarship
- Inner Temple Exhibition Scholarship
- Dean’s Award for Best Academic Performance in MA Law (Conversion)
- Various Finals Collections Prizes from Oriel College, University of Oxford
- Winner of Multiple Moots / Mock Trials incl. the Aqeel H. Noorali Moot Cup
News
- Members of Crown Office Chambers recognised for their Pro Bono work
- Crown Office Chambers welcomes two new tenants
Events
Blogs
Qualifications
- BA French and German (First Class), University of Oxford
- MA Law (Conversion) (Distinction), University of Law
- LLM Master of Laws (Distinction), University of Law
Memberships
- Commercial Bar Association (COMBAR)
- Technology and Construction Bar Association (TECBAR)
- The Society of Construction Law (SCL)
- Professional Negligence Bar Association (PNBA)
- London Common Law & Commercial Bar Association (LCLCBA)
- Young International Arbitration Group (YIAG)
- Personal Injury Bar Association (PIBA)
