Amanda Hadkiss

Amanda’s practice encompasses disputes of all kinds involving domestic and international business and property, including claims for breach of contract, claims for breach of warranty and misrepresentation, claims in respect of share purchase agreements, licence agreements, agency agreements, and joint venture agreements, claims to enforce loans, guarantees and security, claims concerning real and personal property, claims for rectification of contracts and other documents, and unjust enrichment claims. She frequently deals with disputes involving conflict of law issues relating to jurisdiction and applicable law. She is comfortable working on all sizes of cases, from those involving individuals or small businesses through to heavyweight and high-value litigation and arbitration.

Cases include:

• Azima v Ras Al Khaimah Investment Authority instructed on behalf of the claimant in a claim seeking damages and injunctive relief for alleged State-sponsored email hacking, pursued against a sovereign wealth fund and its solicitors.
• Warner Music UK Ltd & Ors v TuneIn Inc [2023] EWHC 2875 (Ch); [2021] EWCA Civ 441; [2019] EWHC 3374 (Ch); [2019] EWHC 2923 (Ch) acting (led by Edmund Cullen KC) for the claimant record companies in a £60 million claim brought against an online internet radio service in the trial, appeal to the Court of Appeal, application for permission to appeal to the Supreme Court, and the inquiry as to damages
• WWRT Ltd v Carosan Trading & Boris Kaufman BVIHC(COM) 2021/0096 acted (led by Richard Morgan KC) for a prominent Ukrainian businessman contesting a freezing order made by the English High Court in support of proceedings in the BVI and contesting the jurisdiction of the BVI Court
• Butcher v Alacrity Capital Holdings acted (led by Olivier Kalfon) for the claimants/defendants to counterclaim in a dispute concerning alleged fraudulent breaches of share purchase agreement warranties in which the defendants counterclaimed damages of over £7 million
• Acted (led by Siward Atkins KC) on a dispute concerning the collapse of a leading sportwear manufacturing group in China
• Acted as part of the counsel team representing a group of hedge funds in a claim against a leading financial institution for market abuses and other wrongs
• Instructed as sole counsel by a sole trader defending a claim for damages of £4 million for the alleged conversion of multiple high-performance cars
• Acted as part of the counsel team for Grant Thornton UK LLP in the multi-million-pound claims brought by Robert Tchenguiz in the Commercial Court

Amanda has a particular specialism in media and entertainment disputes and has been instructed on some of the leading media and entertainment cases at the Bar of recent years. She is ranked in both Chambers and Partners and Legal 500 for her media and entertainment practice, and is described by Chambers and Partners as being “an excellent choice for media-based contract disputes and related matters”.

She receives instructions from clients from across the sector, including record companies, producers, broadcasters, publishers, collecting societies, music artists, artist managers, actors, film/TV companies, theatre companies, visual artists, content creators, and from individuals with a high profile within the media.

Amanda is able to draw upon her wider experience as a commercial chancery litigator when advising on disputes within the media and entertainment sector, including her knowledge of contractual disputes, intellectual property law, company law, insolvency law, and partnership law. Whilst in practice she completed a Postgraduate Diploma in Intellectual Property Law and Practice at the University of Oxford and was awarded a Distinction.

• Eva Green v (1) White Lantern Film (Britannica) Ltd (2) SMC Speciality Finance LLC [2023] EWHC 930 (Ch); [2023] EWHC 1391 (Ch) instructed (led by Edmund Cullen KC) by of the actor Eva Green in a claim for payment of her $1 million fee for a collapsed film production, and defending contractual and tortious counterclaims
• Warner Music UK Ltd & Ors v TuneIn Inc [2023] EWHC 2875 (Ch); [2021] EWCA Civ 441; [2019] EWHC 3374 (Ch); [2019] EWHC 2923 (Ch) acting (led by Edmund Cullen KC) for the claimant record companies bringing one of the largest claims for damages for copyright infringement brought before the English Courts. Instructed at first instance, for the appeal to the Court of Appeal, application for permission to appeal to the Supreme Court, and for the inquiry as to damages
• Declan Colgan v Universal Music Group represented Universal Music Group (led by Robert Howe KC) in a royalties dispute concerning the sampling of a King Crimson song in a Kanye West track
• Moss v O’Dowd & others represented the former drummer of the band Culture Club in insolvency proceedings brought against fellow band members, including Boy George
• Jones v Lydon acted (led by Edmund Cullen KC) for certain former members of the band Sex Pistols in a dispute regarding use of the band’s songs in a Disney television drama
• The estate of Amy Winehouse instructed on behalf of the defendants to a claim for the alleged conversion of various items of Amy Winehouse’s alleged personal property
• Acting on behalf of a music artist manager defending a claim by an alleged business partner seeking declarations as to the existence of an alleged partnership and an account
• Instructed on behalf of a music artist manager bringing substantial claims for unpaid commissions against an artist
• Advised and acted for a social media influencer in a dispute with her former managing agency concerning a disputed management agreement
• Advised a major publishing firm on a dispute concerning the termination of a publishing agreement with a well-known author
• Acted on behalf of the claimant bringing fraudulent misrepresentation claims relating to an immersive production/virtual reality business
• Advised a theatre production company on claims relating to the transfer of a theatre operating contract
• Instructed by the BBC as part of the counsel team in a claim brought against the BBC for alleged breach of confidence
• Instructed by a major publishing firm pursuing a high value claim against a delivery company for breach of delivery and distribution agreements

Amanda has wide experience of claims involving allegations of fraud and dishonesty and related asset recovery, including obtaining and resisting freezing orders, proprietary claims involving the tracing or following of assets, claims for dishonest assistance, knowing receipt and constructive trust claims, claims to set aside judgments for fraud, conspiracy claims, and claims for fraudulent misrepresentation and deceit.

• WWRT Ltd v Carosan Trading & Kaufman BVIHC(COM) 2021/0096 acted (led by Richard Morgan KC) for a prominent Ukrainian businessman contesting jurisdiction in relation to claims involving allegations of fraud, and contesting a worldwide freezing order made in England in support of BVI proceedings
• Eva Green v (1) White Lantern Film (Britannica) Ltd (2) SMC Speciality Finance LLC [2023] EWHC 930 (Ch) instructed (led by Edmund Cullen KC) on behalf of the actor Eva Green in a claim for payment of her fee for a collapsed film production and defending claims for fraudulent misrepresentation, unlawful means conspiracy, and deceit
• Azima v Ras Al Khaimah Investment Authority instructed on behalf of the claimant in a claim seeking damages and injunctive relief for alleged State-sponsored email hacking, pursued against a sovereign wealth fund and its solicitors
• Butcher v Alacrity Capital Holdings acted (led by Olivier Kalfon) for the sellers in a share sale dispute worth over £8 million involving allegations of fraudulent breach of warranty and misrepresentation
• Instructed on behalf of the majority shareholders of a renewable energy company defending an unfair prejudice petition, involving allegations of fraudulent conduct
• Acted (led by Richard Morgan KC) in a claim in the BVI High Court (Commercial Division) concerning the disputed ownership of a BVI sports marketing company, involving allegations of forgery
• Instructed in a retail business partnership dispute involving claims of dishonest assistance and knowing receipt in relation to misuse of partnership assets
• Red Kite Management Ltd v Barclays Bank Plc instructed as part of the counsel team in a £850 million claim for breach of contract, breach of confidence and breach of fiduciary duty brought by a hedge fund against Barclays Bank concerning trading on the London Metal Exchange
• Instructed on behalf of a landlord seeking to set aside a judgment on the basis that it was procured through fraud and/or the trial judge was deliberately misled at trial

Company and partnership disputes form a substantial part of Amanda’s practice. Amanda acts in relation to shareholder disputes of all kinds, including unfair prejudice petitions and petitions to wind up companies on just and equitable grounds. She is instructed on claims for breach of directors’ duties, claims concerning vicarious liability for employee acts and attribution of employee acts and knowledge to the company, and claims arising out of joint ventures. Amanda also acts in disputes between partners, including those involving issues as to whether a partnership has arisen informally, disputes about the meaning and effect of LLP and partnership deeds, and the taking of partnership accounts.

• THJ Systems v Sheridan [2023] EWHC 927 (Ch) acted on behalf of the defendant to a claim concerning the termination of and breaches of a limited liability partnership agreement
• Acting on behalf of a music artist manager defending a claim by an alleged fellow business partner seeking declarations as to the existence of an alleged partnership and an account
• Instructed on behalf of shareholders of a renewable energy company in an unfair prejudice petition concerning the alleged exclusion of the petitioner from management and an alleged expropriation of shares
• Acted on behalf of the claimant in a family partnership dispute concerning multiple retail and hospitality trading businesses in London
• Instructed (led by Catherine Newman KC) on behalf of a director and shareholder bringing an unfair prejudice petition concerning their exclusion from the management of a company operating in the food industry
• Advised a minority shareholder of a boutique fashion business on potential derivative claims and remedies for unfair prejudice
• Instructed by a minority shareholder of a property company in relation to potential unfair prejudice claims
• Advised a shareholder on a dispute concerning a purported legal and equitable transfer of title of shares in a construction company
• Advised an asset management firm on a proposed rectification of the Articles of Association of an Enterprise Investment Scheme qualifying company in order to retain the EIS status of the company’s shares

Amanda has extensive offshore legal experience. She was called to the Bar of the Eastern Caribbean Supreme Court, British Virgin Islands, in 2018 and has undertaken secondments in both the BVI and the Cayman Islands, during which she worked on offshore shareholder disputes, applications for Berkeley Applegate relief, retrospective Beddoe applications, applications for the cy-près reformation of trusts, applications relating to the appointment of joint provisional liquidators, sanction applications brought by liquidators, and disputes relating to distribution mechanisms within multi-jurisdictional insolvencies.

Notable cases include:

• WWRT v (1) Carosan Trading Limited (2) Boris Kaufman BVIHC (COM) 2021/0096 (The Eastern Caribbean Supreme Court (BVI)) acted (led by Richard Morgan KC) for a Ukrainian businessman challenging the jurisdiction of the British Virgin Islands Court to determine a claim for substantial damages
• Acted (led by Michael Gibbon KC) in a high value claim before the BVI High Court (Commercial Division) concerning the alleged fabrication of a trust
• Acted (led by Richard Morgan KC) in a claim in the BVI High Court (Commercial Division) concerning the disputed ownership of a BVI sports marketing company
• In the matter of Constellation Overseas Limited and others BVIHC (COM) 2018/0206 (Eastern Caribbean Supreme Court (BVI)): instructed while on secondment on the first ever successful application for the appointment of “soft touch” provisional liquidators in the BVI
• Instructed to oppose an application for injunctive relief by a shareholder of high value shares in a BVI company relating to alleged breaches of a shareholders’ agreement
  
  

Amanda is instructed on a wide range of personal and corporate insolvency litigation. She acts for officeholders, individual debtors, corporate debtors, directors, and creditors, including in disputes involving directors’ duties and misfeasance, contested winding up and bankruptcy petitions, applications to set aside statutory demands, applications to restrain winding up petitions, applications for validation orders and vesting orders, and officeholder applications (including remuneration applications and applications to set aside antecedent transactions)

Cases include:

• Instructed as sole counsel by a creditor bringing contested personal and corporate insolvency proceedings against the chair of Southend Football Club and his associated companies in respect of a claimed petition debt of £8 million
• Moss v O’Dowd represented the former drummer of the band Culture Club in insolvency proceedings brought against fellow band members, including Boy George
• Acting for a director in respect of misfeasance, wrongful trading and excess salary claims pursued by a liquidator
• Instructed by a travel company in respect of a contested winding up petition seeking payment of allegedly unpaid management fees and commissions
• ERS Syndicate Management Ltd v Larksway Investments Ltd [2018] EWHC 2420 (Ch)) instructed by a petitioning creditor in an allegedly disputed debt winding up petition (and resisting a subsequent application for permission to appeal)

Amanda advises and represents clients in a variety of intellectual property disputes concerning copyright, trade marks, design rights, trade secrets and misuses of confidential information. Whilst in practice she completed a Postgraduate Diploma in Intellectual Property Law and Practice at the University of Oxford and was awarded a Distinction. She is an intellectual property expert contributor for Lexis Nexis PSL.

Recent cases include:

• Warner Music UK Ltd & Ors v TuneIn Inc [2023] EWHC 2875 (Ch); [2021] EWCA Civ 441; [2019] EWHC 3374 (Ch); [2019] EWHC 2923 (Ch) acting (led by Edmund Cullen KC) for the claimant record companies bringing one of the largest claim for damages for copyright infringement brought before the English Courts. Instructed at first instance, for the appeal to the Court of Appeal, application for permission to appeal to the Supreme Court, and for the inquiry as to damages
• THJ Systems v Sheridan [2023] EWHC 927 (Ch) acted on behalf of the defendant defending claims for copyright infringement and passing off in relation to an options trading software. 
• Instructed to advise a collecting society on an issue concerning the scope of sound recording copyright protection

Amanda regularly advises and acts in property disputes, including matters of real property, commercial and residential landlord and tenant disputes (including possession claims, breach of covenant claims, disrepair claims, and service charge disputes), claims involving receivers, claims about beneficial ownership of properties, and mortgage litigation.

Cases include:

• Pickering v Hughes & Ors [2021] EWHC 1672 (Ch) acted (led by Richard Wormald KC) in the trial of various claims between members of a family relating to a portfolio of residential and commercial properties and certain chattels, chiefly concerning an alleged constructive trust and/or proprietary estoppel claimed to have arisen over a valuable residential property and surrounding land
• Advised a tenant on a dispute concerning a landlord’s refusal to consent to underlet a valuable London hospitality premises
• Advised the Competition and Markets Authority in relation to its investigation into the leasehold housing market and potential leasehold mis-selling, including whether leasehold contractual terms were onerous and unfair
• Instructed by a number of commercial tenants disputing their liability for outstanding rent arrears as a result of the effects of the COVID-19 pandemic
• Perkins v Nieuwenhuizen [2018] EWHC 918 (Ch) acted in an application for permission to appeal in a case involving disputed rights of way and the abandonment of easements
• Instructed (led by John McGhee KC) on a dispute relating to the termination of a limited partnership joint venture for the development of a hotel in the City of London
• Acted (led by John McGhee KC) in a case concerning whether an agreement for lease for a large retail premises contained onerous conditions
• Instructed (led by Thomas Grant KC) by a client seeking a declaration as to their beneficial interest in a residential property and restitution for sums expended on the property
• Advised a freehold management company on issues relating to the level of service charge attributable to a proposed airspace development that had arisen as the result of a collective enfranchisement