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Sahana Jayakumar

Call 2014

Sahana Jayakumar joined Crown Office Chambers in 2021 and has a practice encompassing construction, corporate and personal insolvency, property damage and commercial litigation and arbitration. Sahana has experience of regular County Court and High Court advocacy and is comfortable acting as sole counsel and being led on complex matters.

Sahana has experience of advising on jurisdictional issues and working on matters with a cross-border element, both in litigation and international arbitration disputes. She has worked in the Dubai International Finance Centre and as a stagiaire in the International Arbitration department of an international law firm in Paris, and has rights of audience in the Astana International Finance Centre Courts in Nur-Sultan, Kazakhstan. She is currently working towards an LLM in International Dispute Resolution awarded by the School of International Arbitration at Queen Mary University, London.

Commercial

Sahana acts in a variety of commercial cases involving sale of goods, supply of services, the enforcement of guarantees, financial agreements, and company matters.

Sahana was awarded a Pegasus Trust Scholarship in 2018 and spent 3 months in Dubai, split between the DIFC litigation department of a leading law firm and the registry of the DIFC Courts.

Selected Cases

  • Acting as junior counsel in a USD 5 million LCIA arbitration regarding the provision of services in Saudi Arabia.
  • Advising on issues relating to jurisdiction and conflicting dispute resolution clauses in successive commercial contracts.
  • Acting on behalf of a variety of businesses in claims for unpaid fees in consumer and business contracts.
  • Acting for lenders in disputes arising out of factoring agreements, bridging finance agreements, and contracts of guarantee.
  • Acting on behalf of a Claimant in a claim for breach of a contractual obligation of good faith and fidelity and breaches of fiduciary duty towards an employer.
  • Advising on a potential defence of undue influence in relation to an unlimited contract of guarantee.
  • Acting on behalf of a motor garage joined as a Part 20 Defendant under s.75 Consumer Credit Act 1974 in relation to a claim for breach of a contract to service a car engine.
  • Advising on the merits of a claim for breach of contract against a bailee, in circumstances where the bailee was said to have improperly appropriated payments by the bailor towards particular debts.
  • Acting on behalf of a lender in relation to a claim under s.75 Consumer Credit Act 1974 involving allegations of fraud and misrepresentation against a company purporting to offer the claimants a time share in Spain.

Insolvency

Sahana has experience of advising and acting on behalf of creditors, debtors and insolvency practitioners in both corporate and personal insolvency matters. She is regularly instructed to appear in the Winding Up List and in relation to Insolvency Act applications in the County Court and High Court.

Selected Cases

  • Lynch v Cadwallader and Anor [2021] EWHC 328 (Ch) – acting as junior counsel in a s.303 Insolvency Act 1986 application challenging a proof of debt pursuant to a contract of guarantee worth over £1 million.
  • Acting for trustees in bankruptcy in relation to an application to challenge a declaration of trust as a sham or potential transaction at an undervalue pursuant to s.339 Insolvency Act 1986.
  • Appearing in the High Court and County Court in Insolvency Act applications for possession of property, claims relating to transactions at an undervalue, transactions defrauding creditors, validation orders, private examinations and applications to set aside statutory demands.
  • Regularly attending the winding-up court and bankruptcy petition hearings on behalf of both creditors and debtors.

Construction & Engineering

Prior to coming to the Bar, Sahana worked in the International Arbitration and Construction and Engineering teams of a renowned international law firm, spending time in the firm’s London and Paris offices as a legal assistant and a stagiaire. During this time she also contributed to Studies in European Construction Law (2015), published by the European Society of Construction Law.

Selected Cases

  • Acting as junior counsel defending a £14 million claim for deceit and/or negligent misrepresentation arising out of the sale of a company specialising in groundworks and soil treatment.
  • Drafting pleadings and appearing on behalf of a defendant in a building works dispute involving issues of unjust enrichment and agency.
  • Drafting pleadings and acting in a multi-track claim on behalf of a company accused of failing to properly install windows in residential premises.
  • Acting in a trial for unpaid sums pursuant to a contract for the renovation of a family property.
  • Acting on behalf of a lender following the assignment of a debt for the supply of windows, doors and conservatories to a contractor. The claim was defended on the basis of an entitlement to set-off under contractual warranties given by the supplier.

Property Damage

Sahana has previously gained experience of property damage and disrepair in the context of landlord and tenant leasehold disputes. As well as regularly advising landlords on liability for disrepair, Sahana has also provided training to local authorities and is comfortable handling expert reports relating to common causes of disrepair in residential premises.

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Qualifications


  • LLM International Dispute Resolution, Queen Mary University of London (ongoing)
  • BA (Hons) Law with French Law, Christ Church, University of Oxford.
  • Certificat Supérieur de Droit Français et Européen (ERASMUS Scholar), Université Paris II (Panthéon-Assas)
  • BPTC, BPP University
  • Norman Tapp Memorial Prize, Grays Inn
  • Internship Award, Grays Inn
  • Pegasus Scholarship, Inner Temple
  • Jonathan Brock QC Memorial Prize, Runner-up, LCLBA – “Forum non conveniens: Is Spiliada still fit for purpose or holed below the water-line?
  • International Professional and Legal Development Grant, Bar Council
  • Rights of Audience in the Astana International Finance Centre Court, Kazakhstan

Languages

  • Fluent French
  • Basic Spanish, Hindi and Kannada

Memberships


  • COMBAR
  • LCLCBA
  • PBA
  • R3 Association of Business Recovery Professionals

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