3 Verulam Buildings
Gray’s Inn, London.
WC1R 5NT DX: LDE 331
Telephone: +44(0)20 7831 8441
Out of hours contact
Stephen Penson,
Senior Practice Manager
on +44 (0)7941 218 259.
Alexia Knight
Email Address: [email protected]
Year Of Call: 2007
Alexia has a commercial practice specialising in banking and financial services, civil fraud, general contractual disputes,
insolvency, professional negligence and insurance. Alexia is regularly instructed as sole advocate in the High Court and County
Court, and works with her instructing solicitors to provide the best result, whether in an urgent interim application or in a longer
trial.
Alexia also has significant experience of acting as part of a larger team of counsel on substantial matters: she is currently
instructed with Ali Malek QC and James Evans for high net worth individuals in a multi-million pound commercial court claim,
and is being led by Gregory Mitchell QC in a claim against Credit Suisse (and others), alleging fraudulent misrepresentation,
dishonest assistance in breach of trust, and a breach of a bank guarantee.
Alexia is a strong advocate, with experience of over unled 15 trials, numerous heavy applications as well as urgent injunctions.
As a consequence Alexia is willing and able to take difficult tactical calls. Recent examples include sole conduct of a without
notice application for an injunction and search order, and advising on the making (and obtaining) of an out of hours application
in the Chancery Division to vary that relief. Alexia also (correctly) advised opposing the submission of late expert evidence
(post-Mitchell and pre-Denton), successfully appealing the first instance decision Steven Clarke -v- Barclays Bank plc and
Lamberts Surveyors Limited [2014] EWHC 505 (Ch), and successfully opposing applications to amend pleadings before HHJs
Waksman and Davies QCs in an £850,000 guarantee claim.
Directory Quotes
3 Verulam Buildings has ‘a good range of counsel’, meaning clients can ‘always find someone to cope with
applications at any level’.
Legal 500 UK 2014
The ‘hardworking and user-friendly’ 3 Verulam Buildings is regarded as a ‘strong, knowledgeable and steely set
with fighting qualities when needed’.
Legal 500 UK 2014
Expertise
Page 1 / 7
3 Verulam Buildings
Gray’s Inn, London.
WC1R 5NT DX: LDE 331
Telephone: +44(0)20 7831 8441
Out of hours contact
Stephen Penson,
Senior Practice Manager
on +44 (0)7941 218 259.
Banking & Finance
Alexia is an experienced sole advocate, acting in trials and interim applications in the High Court and County Court, and
frequently acts as junior counsel in more substantial banking and finance claims. As a junior, she is currently being led by
Gregory Mitchell QC in a multimillion pound claim against Credit Suisse, alleging fraud, dishonest assistance in breach of trust,
and as well as claiming under a bank guarantee.
As a junior, Alexia has particular experience of retail trials and appeals, including advising and acting in relation to allegations of
mis-selling of interest rate and currency products, often in conjunction with LIBOR allegations, as well as issues arising from
s.14A of the Limitation Act 1980. She also has substantial experience in disputed guarantee claims, and in possession
proceedings (including equitable claims), and in claims arising from receiverships. Throughout her case-load, her skills as an
advocate enable her to take a robust and forceful stance in an approachable and judiciary-friendly manner.
She is also a regular provider of talks and legal updates, particularly in the field of finance litigation.
Alexia's advisory and litigation experience includes:
‘Mis-selling' claims against banks and intermediaries for interest rate hedging products, investment products and payment
protection insurance (acting both for and against banks);
Swaps litigation as between investment banks; claims for enforcement of guarantees (and associated actions);
Enforcement and enforceability of Consumer Credit Act agreements;
Norwich Pharmacal applications relating to mistaken payments [2014] EWHC 2626 (Ch);
Disputes relating to entries with Credit Reference Agencies and related Data Protection Act claims;
PPI insurance claims;
All aspects of borrowing, including unauthorised overdraft and credit card charges;
Breach of mandate claims;
Claims against banks by customers who have been victims of fraud/scams (whether by cheque fraud, by card transaction, or
through internet banking);
Regular experience acting for lenders and receivers in claims brought by mortgagors and guarantors in respect of the sale of
secured properties;
Charging orders; and
Mortgage possession proceedings, including for equitable remedies where the underlying security is alleged to be
defective/fraudulent.
Examples of Alexia's recent cases include:
Albesher v Ryan [2016] EWHC 541 (Comm): Led by Gregory Mitchell QC in a Commercial Court claim against Credit Suisse
and others for fraudulent misrepresentations, dishonest assistance in breach of trust, and under a bank guarantee, valued at
£24.5m.
RBS v Bresnahan: Alexia acts as sole advocate in the Mercantile Court in a claim by RBS under an assigned guarantee.
Page 2 / 7
3 Verulam Buildings
Gray’s Inn, London.
WC1R 5NT DX: LDE 331
Telephone: +44(0)20 7831 8441
Out of hours contact
Stephen Penson,
Senior Practice Manager
on +44 (0)7941 218 259.
Lyonsden Ltd v HSBC Bank Plc; Pang & Pang v HSBC Bank Plc; Sir Thomas Ingilby v HSBC Bank plc; and others: Acting as
sole counsel for HSBC in respect of interest rate product mis-selling claims, variously alleging negligence, misrepresentation,
breach of contract, and breach of COB and/or COBS.
Mackinlay v Royal Bank of Scotland Plc: Alexia has acted as sole counsel for different banks in a range of investment and
insurance mis-selling claims, including seeking summary judgment and early dismissal of claims on limitation grounds. The
conditional payment ordered to be paid by the Claimants in Mackinlay was the subject of an appeal that was successfully
opposed by Alexia.
Lombard v Sadiku: Alexia acted in a three day trial of a possession claim. Issues arising included the applicability of the Etridge
criteria, together with compliance by the lender and the solicitor in the circumstances of an all monies charge.
Royal Bank of Scotland v Devshi: Alexia successfully obtained possession of a property after a three day trial, defeating
defences of actual occupation, (alleged to arise from various trust deeds, alternatively constructive and resulting trusts). Alexia's
cross examination was so successful that one defendant was found to be dishonest. The case also concerned issues of
subrogation and sub-subrogation, as well as the regulation of loans by individuals under FSMA 2000 and the CCA 1974.
Santander UK Plc v Various Banks [2014] EWHC 2626 (Ch): Instructed by Santander in its test case before Birss J in the
Chancery Division, successfully representing the bank on its applications for Norwich Pharmacal Orders to obtain disclosure
relating to mistaken payments, and assisting the Court establish a practice for future applications.
Steven Clarke -v- Barclays Bank plc and Lamberts Surveyors Limited [2014] EWHC 505 (Ch) (settled): Acted as sole counsel
for the defendant mortgage lender in a claim for negligence/breach of equitable duty in the sale of a secured property by
receivers, with a part 20 claim urgently commenced against the valuer with limitation pending. Successfully appealed a decision
to permit late expert evidence from the Claimant, a decision on Mitchell and good faith under two weeks before trial.
Electro Mechanical Installation Limited v National Westminster Bank Plc; Reedec Limited v National Westminster Bank Plc:
Successfully acted for NatWest in claims against it in misrepresentation, negligence and breach of contract, arising from
payments made by customers to fraudsters, in purported reliance upon ‘cleared' funds. Alexia also acted for the Bank in
opposing the Claimant's appeal to the Court of Appeal in the EMI matter (settled shortly before hearing). Alexia has acted
Checkmate UK Limited & anor v National Westminster Bank Plc, and other similar claims, also involving allegations regarding
the bank's obligations when crediting cheques to accounts within a corporate group.
Royal Bank of Scotland Plc v Various Partners of Halliwells (settled): Acted for RBS in claims against the former partners of
Halliwells pursuant to their guarantees, concerning allegations of the construction of the guarantees, inducement of breach of
contract, misrepresentation, breach of FSA Principles of Business and breach of implied terms.
Lehman Brothers Finance AG v. Raiffeisenlandesbank Niederoesterreich-Wien AG; v. Banco Guipuzcoano SA and v. Fortis
Investment Management Belguim (all settled): Led by David Quest QC in respect of claims arising out of swap terminations and
calculations after the collapse of Lehman Brothers.
Bank of Ireland v Huffman & anor (settled): Acted for the Bank of Ireland in the enforcement of a guarantee against allegations
of misrepresentation and collateral contracts. Successfully opposed applications to amend the defence to counterclaim, leading
to settlement.
Phoenix Home Developments Holdings Limited v Close Brothers Ltd & anor: Alexia successfully obtained summary judgment
against the Claimant, including on grounds of limitation, in a claim for breach of contract arising from default fees and interest
charged on a loan agreement.
Kingsway Finance and Leasing Plc v various: Successfully appeared for the lender in a series of appeals against related
bankruptcies arising from asset finance agreements.
Page 3 / 7
3 Verulam Buildings
Gray’s Inn, London.
WC1R 5NT DX: LDE 331
Telephone: +44(0)20 7831 8441
Out of hours contact
Stephen Penson,
Senior Practice Manager
on +44 (0)7941 218 259.
Astana Finance v Barclays: Led by John Jarvis QC in a Commercial Court claim against Barclays in an arbitration concerning
wrongful margin calls and wrongful issues of default notices under an ISDA agreement.
Champalimaud & anor v Credit Suisse First Boston (settled): Acted as Junior Counsel with Jonathan Davies-Jones QC in a
claim against a bank for rectification, breach of an advisory contract, negligent mis-selling and misrepresentation.
Acted in an arbitration led by Andrew Onslow QC, arising out of CDS transactions and involving issues of authority, agency,
ratification and applicable law.
Acted (as sole counsel) for La Caixa in successfully disputing the court's jurisdiction to hear the claim.
Acting for (as sole counsel) JP Morgan in successfully opposing a freezing injunction and the imposition of a mandatory
injunction against it (High Court).
Acting and advising companies in relation to rights of set-off and factoring agreements.
Commercial Dispute Resolution
Alexia is an experienced commercial advocate, acting independently and as part of a wider legal team, in interim applications
and trials in the High Court and County Court. She has experience of in excess of 15 trials as a sole advocate, and is an
experienced junior alongside senior Members of Chambers. She represents clients both large and small in a range of
commercial contractual disputes in different fields, and has particular familiarity with contractual issues arising in the fields of IT,
employee fraud and of the impact of Mitchell.
Alexia routinely acts in matters of commercial fraud, both independently and as junior counsel. Alexia has recently acted, unled,
in obtaining an injunction and Anton Piller/search order relief (without notice) in the Chancery Division, and in making an urgent
out of hours application, in a case of employee data theft.
Particular recent experience of note is set out below:
Wright v Rowland & anor: Alexia acts with Ali Malek QC and James Evans for high net worth individuals in a multi-million pound
commercial court claim against them, seeking damages for breach of contract, share entitlement, misrepresentation and
quantum meriut in connection with Banque Havilland.
Albesher v Ryan [2016] EWHC 541 (Comm): Led by Gregory Mitchell QC in a Commercial Court claim against Credit Suisse
and others for fraudulent misrepresentations, dishonest assistance in breach of trust, and under a bank guarantee, valued at
£24.5m.
Utilitywise Plc v Utility Alliance Limited and Others: Alexia acts as sole counsel for the claimant in a commercial fraud claim
against former employees and a competitor company. The claims encompass conspiracy to cause loss by unlawful means,
breach of confidence, breach of database rights, breach of contract and inducing breach of contract. Alexia successfully
obtained a without notice injunction, and a search order, on terms that were urgently varied on an out of hours application to
permit service at new addresses, and enforcement over a weekend.
Raja Sherbez Khan v (1) Rdk International Limited and Others: Acted for the respondents in an application for specific
disclosure, under two weeks before trial.
Metropolitan Housing Trust Ltd v Taylor & others: Currently acting as sole counsel for Mr Taylor in opposing a freezing
injunction and successfully opposing an injunction order arising out of a claim for commercial fraud.
Steven Clarke -v- Barclays Bank plc and Lamberts Surveyors Limited [2014] EWHC 505 (Ch (settled): Acted as sole counsel for
the defendant mortgage lender in a claim for negligence/breach of equitable duty in the sale of a secured property by receivers,
Page 4 / 7
3 Verulam Buildings
Gray’s Inn, London.
WC1R 5NT DX: LDE 331
Telephone: +44(0)20 7831 8441
Out of hours contact
Stephen Penson,
Senior Practice Manager
on +44 (0)7941 218 259.
with a part 20 claim urgently commenced against the valuer with limitation pending. Successfully appealed a decision to permit
late expert evidence from the Claimant, a decision on Mitchell and good faith under two weeks before trial.
Quintessential Brands UK Limited (G&J Greenall) -v- G4S Solutions (UK) Ltd (appeal pending): As sole advocate, Alexia
successfully represented Quintessential in a claim for breach of contract, conversion and negligence arising from the theft of
thousands of cases of bonded gin and spirits by an employee of G4S.
Westminster Group Plc v Adrian Johnson & anor (ChD): Acted for Westminster Group Plc in a claim against the defendant for
breach of a SPA. Issues of the validity of the expert's appointment, his decision and associated estoppels, waivers and
variations arose.
Electro Mechanical Installation Limited v National Westminster Bank Plc; Reedec Limited v National Westminster Bank Plc:
Successfully acted for NatWest in claims against it in misrepresentation, negligence and breach of contract, arising from
payments made by customers to fraudsters, in purported reliance upon ‘cleared' funds. Alexia also acted for the Bank in
opposing the Claimant's appeal to the Court of Appeal in the EMI matter (settled shortly before hearing).
Alexia has acted for the bank in Checkmate UK Limited & anor v National Westminster Bank Plc, and other similar claims, also
involving allegations regarding the bank's obligations when crediting cheques to accounts within a corporate group.
Yamoto Scale Dataweigh (UK) Ltd v Mr M Heffernan: Acting as sole advocate in a six figure claim against the Defendant for
alleged fraud by a director.
Alexia regularly acts (as sole counsel) for companies in opposing or seeking injunctions preventing the presentation of winding
up petitions in the High Court.
Alexia also has experience in advising and acting for companies and banks disputing the court's jurisdiction to hear claims.
Hannafin Contractors Limited v British Telecommunications Plc (settled): Acted for the Claimant in a six figure claim in the TCC
against BT for misrepresentation, breach of contract and negligence.
Bluecom v British Telecommunications Plc and Intechnology Ltd (settled): Claim for breach of contract and indemnities arising
from the fraudulent use of internet telephone lines.
The Slice Limited v Wentworth Direct Finance: Led by Jonathan-Mark Phillips in obtaining a without notice injunction in a claim
under the Direct Debit Guarantee Scheme.
Acted in a substantial Commercial Court fraud and breach of contract claim, led by John Jarvis QC. Acted as Junior Counsel
with Paul Lowenstein QC in a large mortgage fraud/professional negligence claim against solicitors and valuers.
Champalimaud & anor v Credit Suisse First Boston (settled): Acted as Junior Counsel with Jonathan Davies-Jones QC in a
claim against a bank for rectification, breach of an advisory contract, negligent mis-selling and misrepresentation. Previously led
by Andrew Onslow QC, in an arbitration arising out of CDS transactions and involving issues of authority, agency, ratification
and applicable law.
Acted as Junior Counsel led by Andrew Sutcliffe QC in a Commercial Court contract claim, including being led by Charles
Hollander QC in the preparation of a successful summary judgement application.
Acted as Junior Counsel led by Andrew Sutcliffe QC in a Chancery Division claim against a firm of solicitors for breach of
contract and breach of trust. Instructed with Richard Brent, in the defence of a Commercial Court claim for a negative
declaration, including the preparation of a jurisdiction challenge under CPR part 11.
Excelsior Group Productions v Yorkshire Television Limited [2009] EWHC 1751: Acted for Excelsior with Andrew Sutcliffe QC in
Page 5 / 7
3 Verulam Buildings
Gray’s Inn, London.
WC1R 5NT DX: LDE 331
Telephone: +44(0)20 7831 8441
Out of hours contact
Stephen Penson,
Senior Practice Manager
on +44 (0)7941 218 259.
a dispute on the proper construction of contracts, arising out of the Darling Buds of May and Frost programmes.
Junior Counsel for the Claimant with Andrew Fletcher QC in a claim for commercial fraud against senior employees, including
claims for breach of contract/breach of duties of good faith, fraudulent misrepresentations, procuring breach of contract and
causing loss by unlawful means.
Junior Counsel for the Defendant with Gregory Mitchell QC in a claim for conspiracy and causing loss by unlawful means.
Acted with Matthew Parker against Anglian Water in a breach of contract / negligence claim arising out of a contract for the
supply and installation of an IT system Acted (as sole counsel) for a company seeking payment under a letter of credit
Acted (as sole counsel) for JP Morgan opposing a freezing injunction and the imposition of a mandatory injunction against it
(High Court).
Mercedes-Benz Financial Services case: Acted (as sole counsel) for a hire company successfully opposing the continuation of a
without-notice injunction preventing the seizing of goods under a Consumer Credit Act agreement, and applying for a wasted
costs order.
Assisted in a number of substantial insurance claims, dealing in particular with the proper construction of the policies and
associated documents.
Assisted as a pupil with Matthew Parker in M&J Polymers v Imerys [2008] EWHC 344 (Comm): claim arising out of a three-year
chemical supply contract, raising issues of 'fitness for purpose' and whether a 'take or pay' provision was unenforceable as a
penalty clause.
Insolvency & Restructuring
Alexia is routinely instructed in general insolvency work, including appearing as an advocate in contested winding up and
bankruptcy petitions and applications to set aside statutory demands, and related appeals in the High Court.
Alexia also has regular experience of dealing with injunctions to restrain winding up proceedings.
Kingsway Finance and Leasing Plc v various: Successfully appeared for the lender in a series of appeals against related
bankruptcies arising from asset finance agreements.
Successfully acted for the liquidator of a company petitioning for the bankruptcy of the former members of UB40, including
defending applications to set aside the statutory demands.
Acting (as sole counsel) for a company in successfully opposing an injunction preventing it from presenting a winding up petition
(High Court)
Acted (as sole counsel) for companies in preventing the presentation of winding up petitions.
Regularly acts in disputed bankruptcy annulment and company restoration applications
Advised on the fall-out from KSF
Advised on claims for breach of director’s duties and wrongful trading
Has advised on unfair prejudice claims and associated director issues
Page 6 / 7
3 Verulam Buildings
Gray’s Inn, London.
WC1R 5NT DX: LDE 331
Telephone: +44(0)20 7831 8441
Out of hours contact
Stephen Penson,
Senior Practice Manager
on +44 (0)7941 218 259.
Publications
Contributor, "Swaps: signs of a shift?" (Legal Business, 2016)
Contributor, "Key Authorities in Banking Law 2011-12 (London, Sweet & Maxwell, 2013)
LLM Thesis: "Jurisdiction Under the EC Regulation on Insolvency Proceedings - Has the Regulation Missed the Point?"
Awards & Scholarships
Astbury Scholar, Middle Temple, 2006
International Intellectual Property Moot: Highest scoring individual mooter, 2006
Rebecca Flower Squire Scholarship, 2002, 2003, 2004, 2005
ERASMUS Scholarship 2003
Ernst & Young Award 2001
Professional Memberships
Middle Temple
Commercial Bar Association (COMBAR)
Languages
German (Working knowledge)
Page 7 / 7