Lynsey is a managing associate in the Financial Services Disputes and Investigations team.
In the last five years, Lynsey has acted for the Insolvency Service on a range of cases including investigating directors of insolvent companies and investigating live companies under S447 of the Companies Act, public interest winding–up petitions (including provisional liquidations) and disqualification applications. Lynsey has dealt with all aspects of disqualification including issuing and progressing proceedings, negotiating disqualification undertakings and dealing with s17 applications.
Lynsey is an experienced litigator with extensive involvement in acting for the Official Receiver in relation to a wide range of issues including antecedent claims and complex assignment of causes of action. Lynsey is an expert in data litigation cases and advises on / acts for financial institutions, the ICO and others on cases such as data leaks, DSARs, the loading of CIFAS markers and the destruction/digitalisation of sensitive personal data.
Lynsey has historically advised clearing banks, building societies and invoice discounters on all contentious matters.
Jurisdiction: England & Wales
- Acting for the OR on antecedent transaction claims, including complex TUV’s or preferences, DLA/misfeasance cases, cases with targets or assets outside the jurisdiction and, more recently, on cases involving bounce back funds, and a wide range of ad hoc potential causes of action, including on the validity of a series of Declarations of Trust against a property, liaising with the lender to avoid repossession and enforcement action in order to recover the best price for the insolvent estate through a private sale
- Advising the OR on various assignments of rights of action, including for damages relating to a Trust set up as a result of a significant personal injury claim, where a co-trustee has wrongfully or fraudulently received Trust Property or its proceeds; for an interest in a family Trust, including a discretionary and a reversionary element, and assignment to a security agent where an assignment clause in a composite guarantee and debenture was likely to take effect by way of floating charge and therefore not capable of being perfected by way of notice.
- Acting for IS and the OR on numerous disqualification cases.
- Advising the OR on data issues, including advising on and acting for the OR as liquidator of a steelworks company in an application to destroy or digitalise occupation health and health surveillance records. This case included complex and untested areas of law, including the Control of Substances Hazardous to Health Regulations and the Control of Asbestos Regulations, and with various interested third parties such as Unions and HSE.
- Carrying out S447 Companies Act investigations on live companies and drafting reports. Carrying out investigations on directors of insolvent companies, more recently dealing with bounce back loan misuse.