Kristina Lukacova

Call: 2015 | 2022 (BVI)

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Contact Kristina Lukacova

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    Education

    MA (Cambridge), BCL (Oxford), BPTC

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    Introduction

    Kristina has a broad commercial and commercial chancery practice with a focus on civil fraud, company law and insolvency disputes. Much of her work has an international element. She is called to the Bar in the BVI and is regularly instructed in matters in Dubai.

    Kristina’s recent work includes acting in a section 68 challenge of a $43 million arbitration award in the Commercial Court (led by Steven Gee KC and Drew Holiner), acting as junior counsel to John Swift KC, the Independent Reviewer of the FCA redress scheme for interest rate hedging products, and acting in proceedings concerning the alleged conspiracy to defraud FundingSecure, a peer-to-peer lending platform.

    Kristina assisted Steven Gee KC with the 7th edition of Gee on Commercial Injunctions and is a contributor to Companies – Commentary, Articles (Volume 9(1) of the Encyclopaedia of Forms and Precedents).

    • News
    • Reported cases
      • Gemalto & Ors v Infineon & Ors [2022] EWCA Civ 782 – an appeal concerning the test under section 32(1)(b) of the Limitation Act 1980 (led)
      • Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230 – the Court of Appeal struck out a conspiracy claim against Kristina’s clients for abuse of process (led)
      • Ovsyankin v Angophora & Ors [2021] EWHC 3376 (Comm) – section 68 challenge of an arbitration award (led)
      • Asertis Ltd v Clarkson & Ors [2021] EWHC 1053 (Ch) – strike-out/summary judgment application in relation to alleged conspiracy to defraud (led)
      • UK Learning Academy Ltd v Secretary of State for Education [2020] EWCA Civ 370 – acting for the successful respondent in the Court of Appeal in a contract dispute (led)
      • Dinglis v Dinglis [2020] B.C.L.C. 107 – two-week trial of an unfair prejudice petition (led)
      • Les Ambassadeurs Club Ltd v Vona [2019] I.L. Pr. 14 – successful jurisdiction challenge (sole counsel)
      • UK Learning Academy Ltd v Secretary of State for Education [2018] EWHC 2915 – acting for the successful defendant in a three-week trial of a contract dispute (led)
      • Haynes v Andre [2018] 3 WLUK 234 – application for removal of executor and trustee (sole counsel)
    • Commercial litigation

      Kristina assisted Steven Gee KC with the 7th edition of Gee on Commercial Injunctions (2021).

      Cases

      Kristina’s recent work includes:

      • Gemalto & Ors v Infineon & Ors [2022] EWCA Civ 782: an appeal concerning the test in deliberate concealment cases under section 32(1)(b) of the Limitation Act (led by Jon Turner KC and Laura Elizabeth John)
      • A substantial damages claim (led by Robert Palmer KC and Julian Gregory)
      • Acting in a major PPE contract dispute (led by Philip Moser KC)
      • Ovsyankin v Angophora [2021] EWHC 3376 (Comm): a section 68 challenge of a $43 million arbitration award and section 24 applications to remove the tribunal in several connected arbitrations (led by Steven Gee KC and Drew Holiner)
      • Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230: the Court of Appeal struck out a conspiracy claim against Kristina’s clients for abuse of process
      • Applications arising out of a BVI freezing order and a multi-million fraud claim in the BVI, including a discharge application and ancillary disclosure applications (assisting Steven Gee KC)
      • A large civil fraud claim arising out of the ‘mini-bond’ scandal (led by Iain Quirk KC)
      • Dickinson & Ors v Quilter International Isle of Man Limited (Isle of Man): acting for a life assurance company, defending claims by over 400 claimants involving allegations of misrepresentation, breach of contract and breach of duty (led by William Buck)
      • Acting in proceedings in relation to a disputed proof of debt for over EUR 1.4m where both Kristina’s client (an EU-based company) and the former director / UBO of the company in liquidation have raised allegations of fraud
      • Asertis Ltd v Clarkson & Ors [2021] EWHC 1053 (Ch): ongoing proceedings concerning an alleged conspiracy to defraud FundingSecure, a peer-to-peer lending platform (led by William Buck)
      • UK Learning Academy Limited v Secretary of State for Education [2020] EWCA Civ 370: acting for the Secretary of State for Education, the successful respondent in the Court of Appeal (led by Lesley Anderson KC and David Warner), having successfully defended the Secretary of State in a three-week trial of a £1 million claim for alleged training fees ([2018] EWHC 2915 (Comm), led by David Warner)
      • Dinglis v Dinglis [2020] 1 B.C.L.C. 107: acting for the respondent in a two-week trial of an unfair prejudice petition – the court rejected the petitioner’s claim that the company was a quasi-partnership and ordered the petitioner’s shares to be purchased subject to a minority discount (led by Mark Hubbard)
      • Les Ambassadeurs Club Limited v Mr Vona [2019] I.L. Pr. 14: a successful jurisdiction challenge in the High Court in a claim by a Mayfair casino against an EU-domiciled defendant (as sole counsel)
    • Civil fraud

      Cases

      Kristina’s recent work includes:

      • Acting in a dispute between members and former members of an LLP, including a conspiracy claim (led by William Buck)
      • Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230: the Court of Appeal struck out a conspiracy claim against Kristina’s clients for abuse of process
      • Applications arising out of a BVI freezing order and a multi-million fraud claim in the BVI, including a discharge application and ancillary disclosure applications (assisting Steven Gee KC)
      • Acting in a large civil fraud claim arising out of the ‘mini-bond’ scandal (led by Iain Quirk KC)
      • Acting in proceedings in relation to a disputed proof of debt for over EUR 1.4m where both Kristina’s client (an EU-based company) and the former director / UBO of the company in liquidation have raised allegations of fraud
      • Asertis Ltd v Clarkson & Ors [2021] EWHC 1053 (Ch): ongoing proceedings concerning an alleged conspiracy to defraud FundingSecure, a peer-to-peer lending platform (led by William Buck)
    • Commercial chancery disputes

      Cases

      Kristina’s recent work includes:

      • Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230: the Court of Appeal struck out a conspiracy claim against Kristina’s clients for abuse of process
      • Applications arising out of a BVI freezing order and a multi-million fraud claim in the BVI, including a discharge application and ancillary disclosure applications (assisting Steven Gee KC)
      • Acting in a large civil fraud claim arising out of the ‘mini-bond’ scandal (led by Iain Quirk KC)
      • Acting in proceedings in relation to a disputed proof of debt for over EUR 1.4m where both Kristina’s client (an EU-based company) and the former director / UBO of the company in liquidation have raised allegations of fraud
      • Asertis Ltd v Clarkson & Ors [2021] EWHC 1053 (Ch): ongoing proceedings concerning an alleged conspiracy to defraud FundingSecure, a peer-to-peer lending platform (led by William Buck)
      • Dinglis v Dinglis [2020] 1 B.C.L.C. 107: acting for the respondent in a two-week trial of an unfair prejudice petition – the court rejected the petitioner’s claim that the company was a quasi-partnership and ordered the petitioner’s shares to be purchased subject to a minority discount (led by Mark Hubbard)
    • Competition

      Cases

      Kristina’s recent work includes:

      • Acting in high-value arbitration proceedings raising issues of FRAND and breach of Article 102 TFEU (led by Kassie Smith KC and Julianne Kerr Morrison)
      • Gemalto & Ors v Infineon & Ors [2022] EWCA Civ 782: a follow-on damages claim arising out of the smart card chips cartel (led by Jon Turner KC and Laura Elizabeth John)
      • Kerilee Investments Ltd v International Tin Association: acting for the defendant in stand-alone proceedings concerning minerals sourced from central Africa (led by Laura Elizabeth John)
      • A substantial follow-on damages claim (led by Robert Palmer KC and Julian Gregory)
      • Advising on issues of class definition and quantum arising out of proposed collective proceedings with a headline figure of £1b
    • Company law & partnership disputes

      Kristina is a contributor to Companies – Commentary, Articles (Volume 9(1) of the Encyclopaedia of Forms and Precedents).

      Cases

      Kristina’s recent work includes:

      • Acting in a dispute between members and former members of an LLP, including a conspiracy claim (led by William Buck)
      • Advice as to potential multi-million-pound claims for breach of fiduciary duty against multiple defendants arising out of wealth management via a complex structure of companies, including offshore (as sole counsel)
      • Dinglis v Dinglis [2020] 1 B.C.L.C. 107: acting for the respondent in a two-week trial of an unfair prejudice petition – the court rejected the petitioner’s claim that the company was a quasi-partnership and ordered the petitioner’s shares to be purchased subject to a minority discount (led by Mark Hubbard)
      • Various claims for restoration of companies to the register and for rectification of the register of members
    • Conflict of laws & jurisdiction

      Cases

      Kristina’s recent work includes:

      • Advising an international catering company as to jurisdiction in a multi-million DIFC-LCIA contract dispute (as sole counsel)
      • Hedley v Nakheel: acting for Hedley in an interim application raising issues of jurisdiction before the Dubai Word Tribunal (appearing as sole counsel before Sir Anthony Evans, Sir John Chadwick and Sir David Steel)
      • A DIFC-LCIA arbitration: defeating a jurisdiction challenge in a contract claim for over $4 million (as sole counsel)
      • Les Ambassadeurs Club Limited v Mr Vona [2019] I.L. Pr. 14: a successful jurisdiction challenge in the High Court in a claim by a Mayfair casino against an EU-domiciled defendant (as sole counsel)
    • Insolvency

      Cases

      Kristina’s recent work includes:

      • A successful petition for an insolvency administration order based on a multi-million EUR foreign judgment and/or debt evidenced by a foreign judgment (as sole counsel)
      • A large civil fraud claim arising out of the ‘mini-bond’ scandal, including under section 246Z of the Insolvency Act (led by Iain Quirk KC)
      • Acting in proceedings in relation to a disputed proof of debt for over EUR 1.4m where both Kristina’s client (an EU-based company) and the former director / UBO of the company in liquidation have raised allegations of fraud
      • Advising a supplier of a department store which has gone into administration following the onset of the pandemic (as sole counsel)

      Kristina frequently appears before ICC Judges in the Insolvency and Companies List, including in:

      • Winding-up petitions and related applications, including validation order applications and applications to rescind winding-up orders
      • Bankruptcy petitions and related applications, including applications to annul bankruptcy orders
      • Administration order applications
    • International arbitration

      Cases

      Kristina’s recent work includes:

      • Acting in high-value arbitration proceedings raising issues of FRAND and breach of Article 102 TFEU (led by Kassie Smith KC and Julianne Kerr Morrison)
      • LCIA arbitration: a substantial contract claim involving allegations of misrepresentation and common mistake (as sole counsel)
      • Advice as to jurisdiction in a multi-million DIFC-LCIA contract dispute (as sole counsel)
      • A large civil fraud dispute spanning three arbitrations (led by Steven Gee KC and Drew Holiner)
      • Advice in relation to a multi-million contract claim governed by DIFC law (as sole counsel)
      • DIFC-LCIA arbitration: acting in a contract claim for over $4 million, defeating a jurisdiction challenge and succeeding on a preliminary issue of contractual interpretation (as sole counsel)
    • Additional information

      Qualifications/Education

      • BPTC, University of Law (Outstanding)
      • BCL, Christ Church, Oxford (Distinction)
      • MA Law, Christ’s College, Cambridge (incl. year abroad at the University of Poitiers, France)

      Awards

      • Jardine Scholarship (Inner Temple)
      • Exhibition Award (Inner Temple)
      • De Hart Prize (Christ’s College, Cambridge)

      Memberships

      • COMBAR

      Languages

      • French
      • Slovak
      • Czech

      Public Access

      • Yes
    • Publications
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