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Jennifer
Haywood


Call: 2001

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Chancery, Commercial & Property Profile
Summary of Practice

Jennifer’s broad commercial chancery practice focuses on the following areas:

  • Company
  • Partnership and LLPs
  • Insolvency (Personal and Corporate)
  • Civil Fraud
  • Breach of Fiduciary Duty
  • Contentious Trusts and Probate
  • General Commercial and Chancery Litigation

Jennifer’s particular expertise includes:

  • Experience in some high profile fraud cases, including being instructed as a junior for the Secretary of State for Health against generic drugs manufacturers in relation to anti-competitive practices, and in relation to directors’ disqualification proceedings brought by the Secretary of Trade and Industry. She is currently instructed as a junior on the Fiona -v- Privitor fraud litigation.
  • She has worked on a number of partnership dissolution cases, advising on the construction of partnership, LLP and limited partnership deeds.  She has advised on issues such as whether a partnership deed is binding, whether a partnership can be repudiated, how goodwill should be valued and whether partners have breached their fiduciary duties.  Jennifer has also advised on non-contentious matters including business transfers and drafting partnership and LLP deeds.
  • In the field of company law Jennifer has particular experience of cases relating to directors’ duties and minority shareholder rights. 
  • Her experience of personal insolvency encompasses disputes over ownership of the matrimonial home, individual voluntary arrangements, bankruptcy restriction orders, disputed bankruptcy, petitions and challenges to trustees’ remuneration.
  • Jennifer has been instructed in a number of cases involving breach of trust claims and successfully defended a deceased trustee against such a claim.  She has considerable experience of family provision cases and claims to beneficial interests in property by way of constructive/resulting trust.  She has also advised on undue influence and breaches of attorneys’ fiduciary duties.
  • Jennifer has wide ranging advocacy experience, both in the county courts and the High Court.  Her experience includes obtaining injunctions, including freezing injunctions, as well as conducting a number of trials.

Recommendations

  • Partnership (Chambers & Parnters)
  • Partnership (Legal 500)
  • 'A capable performer she interprets the law excellently. She is mature and sensible in her outlook and very commercial' (Chambers and Partners Guide 2008).

Notable Cases

Fiona & Ors v Privalov & Ors  22 May 2007, HC (QB Division) Steel J

Fiona & Ors v Privalov & Ors  [2006] EWHC 2583

Barnes & Ors v Tomlinson & Ors  HC (Chancery Division) 15 January 2007, Kitchin J

Eid v Al Kazemi (No 2)  [2004] EWCA Civ 1811 

Eid v Al Kazemi (No 1)  [2004] EWHC 2129

Experience Hendrix LLC v PPX Enterprises Inc and another  [2003] EWCA Civ 323 [2003] FSR 46


Publications

Charitable Trusts Reclaiming vague, Ulrich and its impact on the Charitable Trusts (Validation Act 1954), Trusts and Estates Law and Tax Journal, No. 67, June 2005

Contribution to The Law of Limited Liability Partnerships, 2nd Edition, March 2005

'Breach of Fiduciary Duty' Flexibilty triumphs over rigidity' TETW, Nov 2007


Memberships

Chancery Bar Association
Commercial Bar Association
Association of Partnership Practitioners
Business & Property Group – Zenith Chambers


Awards

Megarry Scholarship, Lincoln’s Inn


Education

MA (Natural Sciences) MB BCh, Christ’s College, Cambridge
Postgraduate Diploma in Law (CPE), City University


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