Commercial
Sahana acts in a variety of commercial cases involving contracts for the supply of goods and services, the enforcement of guarantees, financial agreements (including factoring and invoice discounting facilities), and company matters. Sahana has advised and acted in many cases involving the enforcement of commercial debts and obtaining charging orders, orders for sale and possession of property on behalf of lenders.
In 2018, Sahana was awarded a Pegasus Trust Scholarship to spend three months working in Dubai in the DIFC litigation department of a leading law firm and the registry of the DIFC Courts. During this time, Sahana carried out work including:
- Drafting detailed research notes on the recoverability of consequential damages and company ownership under UAE law.
- Drafting requests to produce and reviewing document production in a complex insurance claim governed by UAE law and subject to the rules of the DIFC Courts.
- Drafting an application and supporting evidence to set aside an arbitral award in the DIFC Courts on the grounds of public policy.
Selected Cases
- Lynch v Cadwallader and Anor [2021] EWHC 328 (Ch) – acting as junior counsel in a six-day trial concerning issues of allegedly forged signatures in a contract of guarantee worth over £1 million.
- A Private Equity Fund LP v Directors of a Firm – Acting as junior counsel and drafting a defence to a £14 million claim in deceit, negligent misrepresentation and breach of warranty in relation to the sale of a company.
- A Company v A Sole Trader – Acting for the defendant in a claim regarding the allegedly defective installation of biomass combined heat and power systems on a farm. The claim involved allegations of misrepresentation and a detailed analysis of the operation of the Renewable Heat Incentive Scheme Regulations 2011.
- A Company v (1) A Former Employee (2) A Company – Acting for a supplier of plywood and timber products in a claim against a former employee and said employee’s new company alleging breaches of obligations of good faith and fidelity, dishonest assistance and knowing receipt arising out of sales and clients that were diverted from the supplier. The case involved a detailed analysis of the claimant’s losses and a number of issues around disclosure as it was alleged that the first defendant had attempted to destroy or conceal documents to hide the true extent of the supplier’s losses. The matter settled before trial.
- A Company v 4 Former Employees and Others – Acting as junior counsel, led by Isabel Hitching KC, advising and drafting particulars of claim on behalf of a company alleging breaches of duties of good faith and fidelity and unjust enrichment against 4 former employees.
- 2 Individuals v (1) Sole trader (2) National Supplier of Building Materials – Acting on behalf of a supplier of building materials in a summary judgment application dealing with issues of agency and contracts on behalf of disclosed and undisclosed principals.
- Re a Property Development Consultant – Advising on the merits of a claim for unpaid consultancy fees on a £12 million construction project.
- Re a Commercial Lender – Advising on an application for an injunction and the appointment of an equitable receiver to prevent a judgment debtor from dissipating sums in breach of a final charging order.
- Re a Building Contractor – Advising on whether the cashing of a cheque accompanying an offer to settle a claim constituted binding acceptance of the settlement offer, or whether the cheque could be accepted as part payment for the full sum claimed.
- An Individual v A National High Street Bank – 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.
- A v B – Acting in a two-day trial for the recovery of sums due under a loan agreement in circumstances where it was alleged that the sums had already been repaid as part of a compromise agreement in separate TLATA 1996 proceedings.
Awards
- 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 2019, Bar Council
Articles
- Adjudication and Collateral Warranties – Court of Appeal reverses TCC decision in Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823
- Adjudication – a useful weapon for liquidators or a blunt sword?
News
Qualifications
- LLM International Dispute Resolution, Queen Mary University of London (ongoing)
- MA 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
Languages
- Professional working French
- Intermediate spoken Kannada
- Basic Spanish
- Basic Hindi
Memberships
- COMBAR
- LCIA Young International Arbitration Group
- TECBAR
- Society of Construction Law
- LCLCBA
