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 QC and Drew Holiner), acting as junior counsel to John Swift QC, 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 QC 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
      • 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 QC with the 7th edition of Gee on Commercial Injunctions (2021).

      Cases

      Kristina’s recent work includes:

      • Acting in a major PPE contract dispute (led by Philip Moser QC)
      • 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 QC 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 QC)
      • A large civil fraud claim arising out of the ‘mini-bond’ scandal (led by Iain Quirk QC)
      • 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 QC 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 QC)
      • Acting in a large civil fraud claim arising out of the ‘mini-bond’ scandal (led by Iain Quirk QC)
      • 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 QC)
      • Acting in a large civil fraud claim arising out of the ‘mini-bond’ scandal (led by Iain Quirk QC)
      • 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)
    • 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 QC)
      • 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:

      • 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 QC 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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