Lindsey Clegg

Recent Work

• Successfully resolving a long-running family partnership and trust dispute, ending multiple sets of Chancery proceedings. This allowed her clients to move forward and focus on the future.
• Assisting a UK plc in connection with a £100 million+ dispute linked to its disposal of an offshore subsidiary, including advising on both the underlying trust dispute together with complex chains of contractual indemnities and the related insurance coverage issues.
• Obtaining summary judgment for the commercial lending subsidiary of a major building society. This was following a challenge to its use of a market disruption clause to vary interest rates, in a case that was of significant precedent value for the client across its wider lending book.
• Obtaining a worldwide freezing injunction for a UK manufacturer against a former employee and related parties.
• Securing the return of moveable assets located overseas for UK banks and finance companies.

Lindsey has a varied and complex international and domestic arbitration practice, including International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), London Maritime Arbitrators Association (LMAA) and ad hoc arbitrations.

She acts on a wide range of commercial and intercompany disputes, often with an international element. Lindsey also advises clients on appropriate governing law and jurisdiction provisions in overseas contracts and regularly delivers training and seminars on cross-border contracting.

Recent Work

• Acting for a Nigerian oil corporation in ICC proceedings involving complex jurisdictional and res judicata issues. This involved successfully convincing the Tribunal to find that no jurisdiction existed for the Claimant to bring the claim, bringing the international and domestic arbitration actions issued against her client to an early conclusion.
• Acting in ICC arbitration proceedings for a FTSE 100 company and a US pharmaceuticals company in disputes arising out of the termination of international distribution arrangements. This allowed her clients to bring to an end their incumbent relationships and focus on new ventures.
• Successfully resolving a deferred consideration dispute for a plant services provider, shortly after the commencement of LCIA arbitration proceedings arising under an asset sale agreement with a Middle Eastern counter-party.
• Acting for a heavy industrial manufacturer in ICC arbitration proceedings commenced by an Indian agent in relation to the supply of products and heavy industrial support services for a governmental railways project. She successfully resolved both those proceedings and concurrent proceedings, commenced by the agent in the Indian courts through mediation, under the ICC ADR procedure.
• Acting for an international beverages company in two disputes arising out of the break-up of joint venture arrangements in East African jurisdictions (ICC arbitration).

Lindsey acts on a variety of high value, cross-border disputes relating to aviation leasing and finance arrangements, aircraft engine ownership and asset recovery and seizure around the world, including in India, Nigeria, Saudi Arabia, Italy, Turkey and Indonesia.

Lindsey also regularly advises on contractual disputes arising within aviation supply chains and in the aviation sector generally. She acts for commercial aircraft lessors, banks, airlines, component and engine suppliers and manufacturers.

Lindsey also advises commercial lessors and finance companies in relation to finance agreement drafting and management of distressed asset situations Lindsey’s work in the aviation sector resulted in her being named as a Legal Rising Star of 2013 by AirFinance Journal.

Recent Work

• Representing a Turkish airline in Commercial Court proceedings commenced by a lessor, following the catastrophic failure of the leased asset during a commercial passenger flight.
• Representing a holiday company in Commercial Court proceedings commenced following its failure to take delivery of two Boeing 767 aircraft.
• Acting for the owner and lessor of a Dassault Falcon 7x aircraft to successfully resolve claims valued at US $33 million commenced in three jurisdictions by the French head-finance company following default by the Russian sub-lessee, securing a full indemnity for all losses and costs for her clients.
• Advising finance companies and banks on a number of distressed aircraft leasing accounts, including in relation to early intervention and distressed asset management planning, securing, recovery and/or repossession of the aircraft, third party lien claims against the aircraft, asset sale and recovery of shortfalls following sales, securing their investments and minimising losses and risk in default situations.
• Advising an aircraft engine manufacturer in a variety of disputes arising out of the interpretation, implementation and renegotiation of long-term supply and partnering agreements with critical component supply partners.