Hannah Ilett

Hannah’s expertise in commercial disputes crosses a broad range of industries and includes cases with an international element. Previous work includes incorporation of contractual terms, breaches and termination of contract, guarantees and indemnities, arbitration agreements and arbitration, limitation issues and enforcement.

Previous work includes:

• Candey Limited v Bosheh and Salfit [2022] EWCA Civ 1103 (Court of Appeal)
• Acted for successful Respondents in an appeal of various applications in relation to privilege, summary judgment and strike out. The Court of Appeal found that there was no implied duty of good faith on the part of the client in a CFA.
• Goldtrail v Onur Air [2017] 1 WLR 3014 (Supreme Court)
• Led by Michael Gibbon KC. Application considering the circumstances in which means of a company’s owner should be taken into account when imposing a financial condition on the company.
• Acted for successful claimant in claim for breach of termination provisions in a consultancy agreement.
• Led by James Aldridge KC. Instructed in relation to the purported termination of a development agreement and arrears of rent under an associated lease.
• Led by David Mumford KC. Instructed in relation to claims under an environmental contamination indemnity following the sale of a number of petrochemical facilities.
• Led by Andrew Ayres KC. Claims arising under a development agreement including in respect of a duty to act fairly and in good faith.
• Led by Andrew Ayres KC. Claims relating to the validity and effectiveness of notices given under settlement agreements.
• Instructed as part of the barrister team in an arbitration concerning a joint venture agreement.

Hannah’s civil fraud experience includes deceit, misrepresentation, conspiracy, breach of duty, accessory claims and freezing injunctive relief.

Previous work includes:

• Candey Limited v Bosheh & Salfiti [2022] EWCA Civ 1103, [2021] EWHC 3409
• Hannah represented the successful Respondents in an appeal of various applications (in acclaim for fraud) in relation to privilege, including the iniquity exception, summary judgment and strike out. At first instance the Claimant also sought a freezing injunction which was successfully resisted.
• Goldtrail Travel v Aydin & ors [2015] 1 BCLC 89 (Ch D)
• Led by Michael Gibbon KC. Claims based on allegations of breach of fiduciary duty and dishonest assistance.
• Instructed as part of the barrister team on a claim in the Grand Court of the Cayman Islands (Financial Services Division) brought by liquidators of an investment fund against a director and specialist service providers for dishonest breach of duty, accessory liability and conspiracy.
• Application for without notice freezing injunctive relief, including in respect of cryptoassets.
• Advice in relation to a freezing injunction made against a mortgagee.

Hannah has extensive experience in company and partnership matters including: numerous unfair prejudice petitions; share sales (including purchase of own shares); breach of director’s duties and dishonest assistance claims; company charges and restoration to the register.

Previous work includes:

• Goldtrail Travel v Aydin [2015] 1 BCLC 89 (Ch D)
• Led by Michael Gibbon KC. Claims based on allegations of breach of fiduciary duty and dishonest assistance.
• Instructed as part of the barrister team on a claim in the Grand Court of the Cayman Islands (Financial Services Division) brought by liquidators of an investment fund against a director and specialist service providers for dishonest breach of duty, accessory liability and conspiracy.
• Led by Olivier Kalfon. Instructed in relation to cross-jurisdictional claims against former directors and administrator of a BVI investment company.

Advising on leases and the validity thereof in the context of a partnership dispute and subsequent settlement agreement.

Hannah’s substantial insolvency practice encompasses both corporate and individual insolvency disputes. Her experience includes: preference, wrongful trading and misfeasance claims; transactions at an undervalue; applications under ss. 234 and 236 of the Insolvency Act 1986; appointment of administrators; the relationship between the insolvency regime and property matters; winding up and bankruptcy petitions, including restraint of advertisement and/or presentation, rescission and annulment, and applications to set aside statutory demands.

Previous work includes:

• Arlington Infrastructure Ltd (in Administration) v Woolrych [2020] EWHC 3121 (Ch)
• Led by Olivier Kalfon. Successful challenge to the out of court appointment of administrators over energy companies on the basis that the floating charges upon which the appointments relied were unenforceable.
• Goldtrail Travel v Aydin [2015] 1 BCLC 89 (Ch D)
• Led by Michael Gibbon KC. Claims brought by liquidator based on allegations of breach of fiduciary duty and dishonest assistance.
• Mohammed Ghadami v Donegan [2014] EWHC 4448.
• Successfully resisted an appeal against a decision dismissing an application to set aside a statutory demand.
• Led by Olivier Kalfon. Advised joint trustees of an insolvency estate of a deceased on a claim under section 339 of the Insolvency Act 1986.
• Instructed for trial in a claim concerning the beneficial ownership of a property and section 423 of the Insolvency Act 1986. Matter settled.
• Application to set aside a statutory demand on the basis that the debt was disputed.
• Advice in relation to a dispute under sections 234, 236 and 238 of the Insolvency Act 1986.
• Instructed in relation to claims against former directors of a company under sections 212, 214 and 239 of the Insolvency Act 1986.
• Instructed to resist a winding up petition on the basis that the debt was disputed.

Hannah has worked on a number of offshore cases and has been called to the BVI Bar.  Her trust’s experience includes: creation of trusts; dishonest assistance; knowing receipt and trustee’s duties.

Previous work includes:

• Wilkinson & Ors v J S Property Holdings Inc [2016] EWHC 1242 (Ch)
• Acted for the Second Defendant in a claim for a declaration that certain property was held on trust for the Claimants.
• Anthony Armbrister, Cyril Armbrister v Marion Lightbourn & Ors [2012] UKPC 40
• Led by Carolyn Walton. Appeal to the Privy Council regarding title to two areas of land in the Bahamas.
• Instructed as part of the barrister team on a claim in the Grand Court of the Cayman Islands (Financial Services Division) brought by liquidators of an investment fund against a director and specialist service providers for dishonest breach of duty, accessory liability and conspiracy.
• Led by Olivier Kalfon. Instructed in relation to cross-jurisdictional claims against former directors and administrator of a BVI investment company.
• Led by David Mumford KC. Acted in a dispute concerning the scope of a trustee’s duty to account to its beneficiaries.

Hannah has a broad property practice. Her experience includes: restrictive covenants; rights of way; nuisance; possession actions (landlord and tenant, trespasser and mortgage); and a range of commercial and residential landlord and tenant matters including LTA 1954 Act business tenancy renewals, lease/licence categorization, breach of covenants, surrender, forfeiture, break notices and breach of covenant.

Previous work includes:

• Anthony Armbrister, Cyril Ambrister v Marion Lightbourn & Ors [2012] UKPC 40
• Led by Carolyn Walton. Appeal to the Privy Council regarding title to two areas of land in the Bahamas.
• Instructed for trial in acclaim concerning the beneficial ownership of a property and section 423 of the Insolvency Act 1986. Matter settled.
• Advising on tenant’s options following fire.
• Led by James Aldridge KC. Instructed in relation to the purported termination of a development agreement and arrears of rent under an associated lease.
• Advice in relation to freezing injunctive relief obtained against mortgagee.
• Advising on leases and the validity thereof in the context of a partnership dispute and subsequent settlement agreement.
• Advice in relation to a lost lease.
• Advice on the existence of a right of way.
• Instructed on an application for a new business tenancy. Matter settled.
• Advice on the legal basis of occupation and consequential matters.

Instructed in trial of a mortgage possession claim. Matter settled.

Hannah has experience of professional negligence claims against solicitors and planning consultants.

Previous work includes:

Advised in relation to a claim against former solicitors for failure to register a strip of land.