Lara Kuehl

2012

Selborne Chambers
10 Essex Street
London WC2R 3AA
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Lara has a broad commercial chancery practice with experience in all of Chambers’ key specialisms, including commercial, financial services, insolvency, trusts and property litigation. Lara appears regularly in interlocutory hearings, trials and appeals. She has appeared in her own right in the High Court and county courts in a number of commercial, insolvency and property matters. Lara has particular experience of matters with an international element and has appeared as an advocate, both led and as sole counsel, in courts and arbitrations in a number of jurisdictions.

Before transferring to the Bar, Lara qualified as a solicitor in 2007 and as a solicitor-advocate in 2008. She has worked as an associate in the international disputes practices of two top US law firms and as a senior associate for two years in the Cayman Islands office of a leading offshore firm. As a result, Lara has been involved in a number of significant commercial and insolvency cases.

She has a particular interest in shareholder disputes, claims against directors and other fiduciaries, cross-border fraud matters and jurisdictional challenges. Lara also has considerable experience of complex financial products and litigation involving hedge funds, private equity structures and other alternative investment vehicles, including related insolvency and company law issues.

In international arbitration, Lara has represented clients in matters heard under ICC, LCIA, UNCITRAL and SIAC rules, as well as in ad hoc arbitrations.

Lara also accepts appointments as arbitrator. She is a fellow of the Chartered Institute of Arbitrators (CIArb) and is listed as an arbitrator on the panel of the Asian International Arbitration Centre (formerly the Kuala Lumpur Regional Centre for Arbitration).

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Notable cases

As an advocate:

Ernst & Young v The Immigration Department of the Cayman Islands (interlocutory injunction granted in February 2015) – representing Ernst & Young and other corporate plaintiffs in an interlocutory application in the context of judicial review proceedings for prohibitory non-disclosure injunctions against unknown defendants and “the world” (i.e., anyone with notice of the injunction) in respect of a spreadsheet containing sensitive confidential commercial information (led by Mac Imrie).

In the matter of the Shiu Pak Nin Discretionary Trust (2014) 1 CILR 173 – representing the trustee (an HSBC entity) in a complex two-day application by a trustee of a discretionary trust for directions in respect of the interpretation of a trust deed and Benjamin orders (led by Colin McKie QC)

Madoff Securities International Limited (In Liquidation) v Raven and Ors [2013] EWHC 3147 (Popplewell J) – in a five week trial, together with Ian Clarke (leading), successfully represented one of the defendant directors against claims alleging fraudulent breaches of fiduciary duty brought in the Commercial Court by the liquidators of the Madoff UK corporate entity.  This case was listed as one of the Lawyer’s top ten cases of 2013.

As an instructing solicitor/Cayman Islands attorney:

Tempo v Fortuna (judgment given in March 2015) – representing the plaintiffs in a shareholder dispute in respect of a very substantial Cayman Islands company in the Grand Court of the Cayman Islands.

In the matter of Coroin Limited [2012] EWHC 2343 (Ch) – successfully represented Sir David and Sir Frederick Barclay and their interests in a very high profile 30 day expedited trial concerning a dispute over the ownership of Coroin Limited, which owned Claridge’s, The Connaught and The Berkeley hotels.

VTB v Nutritek [2011] EWHC 3107 (Ch) – represented Nutritek in a major 6 day jurisdiction challenge, requiring extensive Russian law expert evidence, in relation to a US$250m civil fraud and deceit claim.  The case produced a landmark ruling on the circumstances in which the corporate veil may be pierced, as well as on issues concerning the applicable law, forum non conveniens and loss in tort claims.  Jurisdiction was successfully resisted and the decision was upheld on appeal to the Court of Appeal and Supreme Court.

Lehman Brothers Special Financing (LBSF) v Carlton Communications [2012] EWCA Civ 419 – Acted for LBSF in the High Court and the Court of Appeal in a claim relating to the construction of the ISDA Master Agreement, including whether reliance on s2(a)(iii) against an insolvent swap counterparty was contrary to English insolvency law.  The appeal was heard together with three other appeals on a similar point of law and attracted considerable attention from the legal and financial press, due to its impact on global derivatives trading.

Lehman Brothers Commodity Services (LBCS) v Crédit Agricole Corporate and Investment Bank (formerly Calyon) [2011] EWHC 1390 (Comm) – represented LBCS in a Commercial Court claim for €11 milllion relating to the construction of an English law letter of credit and a New York law ISDA Master Agreement, involving complicated cross-border issues.

Memberships

  • Fellow of the Chartered Institute of Arbitrators (FCIArb)
  • Chancery Bar Association
  • Property Bar Association

 

Education

  • LLB (Hons), Durham University
  • LLM Corporate and Commercial Law, King’s College London
  • Admitted as a solicitor – 2007
  • Higher Rights of Audience (All Courts) – 2008
  • Full admission to the Cayman Islands Bar (2013 – 2015)
  • Diploma in International Arbitration, CIArb (2017)