Alice Hawker

Call: 2011
"Thorough in her preparation and an excellent delivery in court."Legal 500
"Thorough in her preparation and an excellent delivery in court."Legal 500

Alice has developed a busy practice in all aspects of Commercial Chancery litigation. She is regularly instructed to deal with business disputes, including those involving civil fraud and asset recovery, corporate and personal insolvency, company and partnership matters, and trusts. Alice has significant experience in landlord and tenant and real property litigation. Alice regularly appears in the High Court, County Courts and the First-tier Tribunal (Property Chamber) as sole or junior counsel.

Alice is appointed Junior Counsel to the Crown and is on the Attorney-General’s London C Panel of Counsel.

Alice is also certified by ADR Group as a Civil and Commercial Mediator, and regularly appears as mediator or counsel at mediations. Before coming to the Bar, Alice was a Judicial Assistant at the Court of Appeal, working primarily for Lord Justice Moore-Bick, Lord Justice Jackson and Lady Justice Gloster.

  • Civil Fraud & Asset Recovery

    Alice has acted for and against a number of clients in claims involving allegations of dishonesty, and has been instructed in claims involving:

    • Civil fraud
    • Asset tracing
    • Freezing injunctions

     

    Alice’s recent experience includes:

    • Acting for claimant to secure proprietary and freezing interim injunctions for fraudulent misappropriation of proceeds of currency spot trades, structured options and forwards.
    • Acting for senior director subject to freezing injunction and inspection orders in alleged invoice fraud.
    • Acting for claimant to secure freezing injunctions for e-mail hacking fraud.
    • Working in Grand Cayman on AHAB v Saad, the largest trial in Cayman history lasting over one year and involving disclosure of over 5 million documents. The multi-billion dollar claim involved allegations of fraud arising from one of the largest corporate collapses of the credit crunch. Alice worked on one of the three successful Defendant teams for the 34th Defendant, a fund of funds which is now in liquidation.
  • Commercial

    Alice is regularly instructed on work concerning business and commercial disputes.  Alice’s recent experience includes:

    • Acting for the applicant to set aside default judgment based on inadequate service in Spain, in litigation involving a series of civil and criminal actions in the UK and Spain.
    • Junior counsel in Berlin Hyp AG v Lumineau and ors [2019] EWHC 2662 (Ch) to obtain interim injunctions for breach of a shareholders’ agreement and removing accounts filed with the Registrar.
    • Junior counsel in Badyal v (1) Badyal (2) Badyal [2019] EWHC 467 (Ch) in which the English High Court enforced orders requiring the giving of disclosure and transfer of shares designed to protect partnership assets from dissipation, following a series of ex parte injunctions in the High Court of Delhi.
    • Acting as junior in a seven-day Arbitration at the LCIA concerning an unfair prejudice petition pursuant to s. 994 of the Companies Act 2006.
    • Acting for defendants to a claim for breach of contract for hosted software solutions and licensed software rights for use in foreign exchange trading.
    • Junior counsel advising the trustee of a pension fund in respect of claims against a property investment company and six special purpose vehicles set up to acquire various commercial properties in a portfolio.
  • Insolvency

    Alice undertakes a wide range of both personal bankruptcy and corporate insolvency, such as:

    • Issues arising in company liquidation and administration
    • Bankruptcy hearings
    • Winding up petitions

     

    Alice’s recent cases include:

    • Advising and representing the Respondent to an application to set aside a statutory demand concerning whether a solicitor’s bill is an unliquidated debt.
    • Canning v Irwin Mitchell LLP [2017] EWHC 718 (Ch): Appearing for the successful appellant on an appeal concerning service of statutory demands for the purpose of s. 268 of the Insolvency Act 1986.
    • Working in Grand Cayman on AHAB v Saad, the largest trial in Cayman history lasting over one year and involving disclosure of over 5 million documents. The multi-billion dollar claim involved allegations of fraud arising from one of the largest corporate collapses of the credit crunch. Alice worked on one of the three successful defendant teams for the 34th Defendant, a fund of funds which is now in liquidation.
    • Representing the respondent to an application by a liquidator to pay out money pursuant to s. 234(2) of the Insolvency Act 1986, in a case raising issues of subrogation (either statutory or equitable).
  • Landlord & Tenant

    Alice regularly advises on both commercial and residential property matters, including possession, forfeiture and lease renewals under the Landlord & Tenant Act 1954.

     

    Alice’s recent experience includes:

    • Acting for the defendant in a four-day trial regarding breach of repair covenants, breach of contract for sale, breach of the Defective Premises Act 1972 and nuisance.
    • Acting for the claimant on a claim for terminal dilapidations of commercial premises, raising issues of the effect of insolvency on guarantees under the lease.
    • Advising on the enforceability of restrictive covenants on freehold properties on an estate comprising over 35 houses and 60 flats.
    • McWalter v (1) Her Majesty’s Attorney General (as representative of the Crown) (2) Executors of the Estate of Jeffrey Mattey [2018] EWHC 563 (Ch): Alice represented the respondent to an application for a vesting order of leasehold property pursuant to s. 1017 of the Companies Act 2006. The case raised issues of whether a Notice of Disclaimer was properly constituted, and whether the applicant had standing under s. 1017(1)(a) of the 2006 Act.
    • Representing one of three defendants on a summary judgment application and at a two-day trial for a declaration of leasehold title in one of 262 flats, raising issues under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
    • Representing defendants in a long-running case concerning the nature of the Claimant’s occupation of commercial property, including attending the return date of an ex parte interim injunction, drafting pleadings, attending hearings and advising on enforcement of a Tomlin Order.
  • Professional Negligence

    Alice undertakes claimant and defendant work in connection with professional negligence claims, in particular relating to matters of real property and land registration.

     

    Alice’s recent cases include:

    • Acting as junior counsel to Gary Blaker Q.C. on a multi-million pound professional negligence claim in the Chancery Division of the High Court, involving underlying questions of adverse possession and easements. The case settled during the trial before Nugee J.
    • Advising on a potential professional negligence claim against an independent financial advisor in respect of a life insurance policy relating to a mortgage.
  • Real Property

    Alice is regularly instructed on matters concerning residential and commercial properties, such as:

    • Cohabitation disputes
    • Easements and restrictive covenants
    • Adverse possession
    • Boundary disputes

     

    Alice’s recent experience includes:

    • Acting for the defendant in a four-day trial regarding breach of contract for sale, breach of repair covenants, breach of the Defective Premises Act 1972 and nuisance.
    • Acting for the claimants in a claim for specific performance of an option agreement to purchase land, or damages in lieu.
    • Advising and representing three defendants in a long-running dispute concerning trespass and harassment. Appeared at the return hearing for an interim injunction and cross-examined five relevant witnesses, and the subsequent successful application to strike out the claimant’s case against one defendant.
    • Lakhani v Mahmud [2017] EWHC 1713 (Ch): Representing the appellant in a matter arising from a boundary dispute in an appeal against the trial judge’s refusal of relief from sanctions.
    • Representing the claimant at trial in a claim for a declaration as to the beneficial ownership of property registered in joint names, raising issues of remedial constructive trusts, proprietary estoppel and undue influence.
  • Trusts, Probate & Estates

    Alice has a busy traditional Chancery practice, including:

    • Bringing and defending claims under the Inheritance (Provision for Family and Dependants) Act 1975
    • Applications to pass over executors and remove trustees
    • Challenging the validity of a will

     

    Alice has recently been instructed on the following matters:

    • Representing and advising the executrix on a claim for financial provision under the 1975 Act in a complex matter that had been running since 2010, involving numerous properties in the UK and Europe and shareholdings in a family business.
    • Representing a co-executor on an application to remove an executor and responding to an application for relief from sanctions.
    • Advising on an application to remove trustees under a declaration of trust and considering whether property vested pursuant to s. 40(4) of the Trustee Act 1925.
    • Advising executors to a will on four applications to the Chancery Division to rectify the Register to remove the Deceased’s name and replace with the executors’, pursuant to s. 125 of the Companies Act 2006.
  • Notable Cases

     

    • Re Brickvest Ltd [2019] EWHC 2662 (Ch)
    • Badyal v Badyal [2019] EWHC 467 (Ch)
    • McWalter v (1) Her Majesty’s Attorney General (2) The Executors of the Estate of Mattey [2018] EWHC 563 (Ch)
    • Lakhani v Mahmud [2017] 1 W.L.R. 3482
    • Canning v Irwin Mitchell [2017] EWHC 718 (Ch)
  • Legal 500 2020
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