A wealth of commercial experience (over 18 years at the commercial and business/property Bar, taking silk in 2018), combined with a calm, approachable personal style noted by clients and legal directories throughout her career (“…if there’s a war going on, she will bring calmness to the storm” (Chambers & Partners)) mark Lyndsey out as a skilled and effective mediator.
With a warm and thoughtful approach and an instinctive grasp of the emotional contexts of a dispute, Lyndsey is able to communicate with participants in mediations with sensitivity and insight, establishing extremely effective rapports with parties and legal advisors alike which often proves to hold the key to breaking through in areas which might otherwise hold up progress towards compromise.
Lyndsey conducts mediations with a highly experienced eye on the legal and risk frameworks of disputes. Drawing on her high-value commercial and international litigation experience, and her government and regulatory practice, to bring an analytical approach to the legal, commercial objectives of mediation, Lyndsey’s method is to ground herself, in each case, in thorough preparation and to use her legal expertise to ensure a rigorous underpinning for each mediation. Throughout her practice at the Bar Lyndsey has been consistently recommended as a leading practitioner in commercial and business restructuring/insolvency work (directories describing her as “outstanding”, “offering an incisive knowledge of the law” (Legal 500) and “very forthright and precise in her advice” (Chambers & Partners)).
Lyndsey’s litigation practice has a broad commercial and private-client compass with a particular specialism in conducting company and insolvency-related litigation for and against government departments (with significant experience as an Attorney-General’s panellist representing the UK government), and in conducting professional disciplinary tribunal hearings for and against regulatory bodies. She has a high reputation as regards her government-based experience in the fields of corporate responsibility and directors’ and fiduciary duties and was for many years standing counsel to the Association of Chartered and Certified Accountants (ACCA) in respect of disciplinary matters concerning insolvency practitioners where, led by Malcolm Davis-White QC, she successfully prosecuted the largest and highest profile hearing heard before an ACCA Disciplinary Committee, attracting wide press attention. In addition to her domestic public and private practice, she has conducted multi-million pound litigation and arbitrations in the Dubai International Finance Centre (where she is called to the Bar and recently completed a complex DIFC-LCIA arbitration concerning minority shareholder rights, misrepresentation claims and allegations of fraud in respect of high-profile participants in a pan-national investment fund. The dispute encompassed related proceedings in Madrid and in the DIFC court), the British Virgin Islands, the Cayman Islands and Hong Kong. Directories note that Lyndsey “…stands out due to her skill at handling complex international cases.” (Chambers & Partners))
Lyndsey has particular interest in, and extensive experience of, shareholder disputes, matters relating to company ownership and shares (including minority shareholder disputes, unfair prejudice, expulsion/dissolution, misrepresentation and derivative claims) and financial issues (including breach of fiduciary duty, corporate responsibility and proprietary, as well as personal, claims). Participants in mediation processes in these areas often, although not always, wish to achieve a clean-break. Lyndsey’s combination of personality and high-calibre legal experience is effective at breaking through often complex histories of mistrust which can otherwise pose an obstacle to negotiation. Her depth of litigation knowledge enables her to reality test the parties’ positions and desired outcomes in order to move confidently towards pragmatic settlement.
With her experience as a former trustee of the mental health charity MIND, Lyndsey has a special interest in mediating matters with a mental health dimension, or with an emotional or well-being aspect, including matters relating to the Court of Protection. These issues frequently (although not exclusively) arise in private client litigation where Lyndsey (a member of ACTAPS) has respected experience encompassing trusts, probate and estates. She has particular experience in Inheritance (Provision for Family and Dependants) Act 1975 cases and matters involving the Attorney-General. She has acted for some of the largest charities in the UK in testamentary capacity claims and recently represented unborn beneficiaries in an application for court approval of settlement in relation to an estate worth £37.5m.
Lyndsey also has an interest in faith-based disputes of all types. She is Deputy Chancellor (and Chancellor-elect) for the Church of England diocese of St Albans. As Deputy Chancellor, Lyndsey deals with petitions for faculty permissions relating to church buildings. Lyndsey is able to mediate in respect of issues concerning religious matters outside the diocese of St Albans.
Lyndsey is a qualified, accredited mediator.
- A $65m international commercial mediation between parties in Saudi Arabia and Switzerland concerning agency and freight agreements, breach of contract and lien
- A £11m commercial mediation concerning the operation of a professional indemnity policy and duties owed pursuant to a series of administration agreements
- £4m breach of directors’ duties claim and dividend challenge under the Companies Act 2006 & under sections 238 and 423 Insolvency Act 1986 claim
- Acting as mediator in high value aviation misrepresentation dispute
- Acting as mediator in shareholder dispute regarding valuation of investment shares during buy-out
- Acting as mediator in JV dispute regarding including issues of probate and family trusts
- Mediator of choice in multiple mediations of insolvency related matters, especially concerning claims for wrongful trading, breach of duty, preferences, trading whilst insolvent and recovery of property in corporate and personal insolvencies
- Numerous other specialist insolvency related matters including Matrimonial Causes Act 1973, customs relief and other HMRC related claims