Alyssa Stansbury
Barrister
Call 2017
Alyssa has a broad commercial practice and has been instructed in a number of high-profile recent cases, including ENRC v Dechert LLP, Neil Gerrard, and the SFO (one of The Lawyer’s Top 20 cases of 2021) and PrivatBank v Kolomoisky, Bogolyubov & Ors (one of The Lawyer’s Top 20 cases of 2022). She has a particular interest in civil fraud, banking matters and knotty contractual issues. Alyssa enjoys working as sole counsel or as part of a larger team.
Last year, Alyssa acted for Mr Bogolyubov (with Clare Montgomery KC and Nathaniel Bird) in the 13-week trial of PrivatBank v Kolomoisky, Bogolyubov & Ors. The claim concerned allegations that the defendants misappropriated c.US$2bn from the Ukrainian bank, PrivatBank. The trial took place against the background of the war in Ukraine, which necessitated an adjournment from 2022 to 2023.
In 2021, Alyssa successfully represented ENRC in the 12-week trial of its claims against Dechert LLP (including claims for serious breaches of fiduciary duty) and the SFO (including claims for inducing breach of contract. Alyssa was part of a team of nine counsel (with Clare Montgomery KC, Nathan Pillow KC, Anna Boase KC, Tim Akkouh, James MacDonald KC, Jack Rivett, Freddie Popplewell and Matthew Hoyle). A summary of the judgment can be found here. Alyssa continues to act for ENRC in the next phases of the proceedings.
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Examples of Recent Cases
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Commercial Litigation
- Eurasian Natural Resources Corporation v Dechert LLP, Mr Gerrard and the SFO [2022] EWHC 1138 (Comm)
Acted for ENRC in the 12-week Commercial Court trial of a pair of high value, high profile claims tried together: (1) in professional negligence against ENRC’s former solicitors and the partner with conduct of matter (an internal bribery and corruption investigation); and (2) in inducing breach of contract and misfeasance in public office against the SFO. ENRC successfully proved that Mr Gerrard committed numerous serious breaches of his duties to ENRC, including making unauthorised disclosures to the SFO about his own client and leaking his client’s confidential documents to the press. ENRC also demonstrated that officers of the SFO induced a significant number of Mr Gerrard’s contractual breaches. Alyssa acted in a team of nine counsel (with Clare Montgomery KC, Nathan Pillow KC, Anna Boase KC, Tim Akkouh KC, James MacDonald KC, Jack Rivett, Freddie Popplewell and Matthew Hoyle). Alyssa continues to act for ENRC in the next phases of the proceedings, concerning causation and loss. - Acting for the Defendants (led by James MacDonald KC) in responding to a claim for c.£40 million for alleged breaches of warranty under a Share Purchase Agreement.
- Acting as sole counsel in a claim for £1.5 million for alleged breaches of warranty under a Share Purchase Agreement.
- PrivatBank v Kolomoisky, Bogolyubov & Ors (2023, Chancery Division)
Acted for the Second Defendant, Mr Bogolyubov (led by Clare Montgomery KC and Nathaniel Bird) in the 13-week Chancery Division trial in 2023 of a claim concerning allegations that the defendants misappropriated c.US$2bn from Ukrainian bank, PrivatBank. - Bourlakova & Ors v Bourlakov & Ors (2024)
- Acted for the Claimants (with Neil Kitchener KC, David Caplan KC, Patrick Harty and Daniel Fletcher) in their application for a worldwide freezing order.
- Acted as sole counsel for the Claimants in their claims (brought in inducement of breach of contract, misrepresentation and breach of contract) for €8.5 million in relation to their investment in a project for the development and resale of property.
- Agate Assets & Ors v Banque Privée Edmond de Rothschild & Ors (2015, Commercial Court)
Acted for the Claimants (with Sonia Tolaney QC and Adam Rushworth) in a claim for declaratory relief arising out of a transaction involving the sale of a structured note ultimately acquired by a UCITS fund and defending against counterclaims for over US$30m brought in unlawful means conspiracy, deceit, dishonest assistance and negligence. - ABT Auto Investments Ltd v (1) Aapico Investments Pte Ltd (2) Aapico Hitech Public Company Ltd (3) Sakthi Global Auto Holdings Ltd (2020, Commercial Court)
Acted for the Claimants (with Anna Boase QC) in a claim for relief concerning the appropriation of shares under a share charge agreement. - Minera Las Bambas SA v Glencore Queensland Ltd (2018, Commercial Court)
Acted for Glencore (with Jamie Goldsmith QC) in a dispute brought under a contractual indemnity in a share purchase agreement, concerning payments of US$45m made to the Peruvian tax authority. Interlocutory issues raised included the stay of proceedings due to ongoing proceedings in Peru ([2020] EWHC 108 (Comm)) and waiver of privilege ([2020] EWHC 1358 (Comm)). - Minera Las Bambas SA v Glencore Queensland Ltd [2019] EWCA Civ 972
Acted for Glencore (with Conall Patton) in the Court of Appeal. The appeal raised issues of the correct interpretation of certain tax indemnities and warranties contained in a contract for the purchase of shares in a company owning a large copper mining project in Peru. - Judicial assistant to Picken J during the hearing of Marme Inversiones 2007 SL v Natwest Markets Plc [2019] EWHC 366 (Comm), concerning claims for misrepresentation (arising out of implied representations) in the context of interest rate swaps.
- Judicial assistant to Moulder J during the hearing of Oversea-Chinese Banking Corporation Limited v ING Bank N.V. [2019] EWHC 676 (Comm), concerning claims for breach of warranty under a sale and purchase agreement in relation to alleged failures to properly record an exposure to Lehman Brothers Finance S.A. in the accounts of the target company.
- Eurasian Natural Resources Corporation v Dechert LLP, Mr Gerrard and the SFO [2022] EWHC 1138 (Comm)
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Arbitration
- Acting for the Respondent in an HKIAC arbitration concerning claims for breach of contract under a Sales Agreement.
- Acted for the Claimant (led by Alexander Brown) in an LCIA arbitration bringing claims under a joint venture agreement.
- Acted as tribunal assistant in two ICC arbitrations.
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Civil Fraud
- Eurasian Natural Resources Corporation v Dechert LLP, Mr Gerrard and the SFO [2022] EWHC 1138 (Comm)
Acted for ENRC in the 12-week Commercial Court trial of a pair of high value, high profile claims tried together: (1) in professional negligence against ENRC’s former solicitors and the partner with conduct of matter (an internal bribery and corruption investigation); and (2) in inducing breach of contract and misfeasance in public office against the SFO. ENRC successfully proved that Mr Gerrard committed numerous serious breaches of his duties to ENRC, including making unauthorised disclosures to the SFO about his own client and leaking his client’s confidential documents to the press. ENRC also demonstrated that officers of the SFO induced a significant number of Mr Gerrard’s contractual breaches. Alyssa acted in a team of nine counsel (with Clare Montgomery KC, Nathan Pillow KC, Anna Boase KC, Tim Akkouh KC, James MacDonald KC, Jack Rivett, Freddie Popplewell and Matthew Hoyle). Alyssa continues to act for ENRC in the next phases of the proceedings, concerning causation and loss. - PrivatBank v Kolomoisky, Bogolyubov & Ors (2023, Chancery Division)
Acted for the Second Defendant, Mr Bogolyubov (led by Clare Montgomery KC and Nathaniel Bird) in the 13-week Chancery Division trial in 2023 of a claim concerning allegations that the defendants misappropriated c.US$2bn from Ukrainian bank, PrivatBank. - Bourlakova & Ors v Bourlakov & Ors (2024)
- Acted for the Claimants (with Neil Kitchener KC, David Caplan KC, Patrick Harty and Daniel Fletcher) in their application for a worldwide freezing order.
- Acted as sole counsel for the Claimants in their claims (brought in inducement of breach of contract, misrepresentation and breach of contract) for €8.5 million in relation to their investment in a project for the development and resale of property.
- Agate Assets & Ors v Banque Privee Edmond de Rothschild & Ors (2015, Commercial Court)
Acted for the Claimants (with Sonia Tolaney QC and Adam Rushworth) in a claim for declaratory relief arising out of a transaction involving the sale of a structured note ultimately acquired by a UCITS fund and defending against counterclaims for over US$30m brought in unlawful means conspiracy, deceit, dishonest assistance and negligence.
- Eurasian Natural Resources Corporation v Dechert LLP, Mr Gerrard and the SFO [2022] EWHC 1138 (Comm)
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Jurisdiction and Conflict of Laws
- Aapico Investment Pte Ltd v ABT Investments (India) Private Ltd [2019] EWHC 3518 (Comm)
Acted for the Defendants (with Laurence Emmett QC) in a claim for an anti-suit injunction brought in relation to ongoing proceedings in India. - Judicial assistant to Carr J during the hearing of the jurisdictional challenge in Tugushev v Orlov [2019] EWHC 645 (Comm).
- Assisted (during pupillage) Conall Patton QC in a successful jurisdiction challenge in JSC BTA Bank v Turkiye Vakiflar Bakasi TAO [2018] EWHC 835 (Comm).
- Aapico Investment Pte Ltd v ABT Investments (India) Private Ltd [2019] EWHC 3518 (Comm)
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Banking and Financial Services
- PrivatBank v Kolomoisky, Bogolyubov & Ors (2023, Chancery Division)
Acted for the Second Defendant, Mr Bogolyubov (led by Clare Montgomery KC and Nathaniel Bird) in the 13-week Chancery Division trial in 2023 of a claim concerning allegations that the defendants misappropriated c.US$2bn from Ukrainian bank, PrivatBank. - Acted as sole counsel for the Defendant in a claim for declaratory relief in relation to the exercise by the Defendant of rights under a Guarantee connected with a Prime Brokerage Agreement.
- Advised (with Laurence Rabinowitz KC) on sanctions issues relevant to the processing of payment instructions under the Global Human Rights Sanctions Regulations 2020.
- Agate Assets & Ors v Banque Privee Edmond de Rothschild & Ors (2015, Commercial Court)
Acted for the Claimants (with Sonia Tolaney QC and Adam Rushworth) in a claim for declaratory relief arising out of a transaction involving the sale of a structured note ultimately acquired by a UCITS fund and defending against counterclaims for over US$30m brought in unlawful means conspiracy, deceit, dishonest assistance and negligence. - Advised (with Sonia Tolaney QC) on matters relating to the Quincecare duty of care.
- Judicial assistant to Picken J during the hearing of Marme Inversiones 2007 SL v Natwest Markets Plc [2019] EWHC 366 (Comm), concerning claims for misrepresentation (arising out of implied representations) in the context of interest rate swaps.
- PrivatBank v Kolomoisky, Bogolyubov & Ors (2023, Chancery Division)
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Energy and Natural Resources
- Minera Las Bambas SA v Glencore Queensland Ltd (2018, Commercial Court)
Acted for Glencore (with Jamie Goldsmith QC) in a dispute brought under a contractual indemnity in a share purchase agreement, concerning payments of US$45m made to the Peruvian tax authority. Interlocutory issues raised included the stay of proceedings due to ongoing proceedings in Peru ([2020] EWHC 108 (Comm)) and waiver of privilege ([2020] EWHC 1358 (Comm)). - Minera Las Bambas SA v Glencore Queensland Ltd [2019] EWCA Civ 972
Acted for Glencore (with Conall Patton QC) in the Court of Appeal. The appeal raised issues of the correct interpretation of certain tax indemnities and warranties contained in a contract for the purchase of shares in a company owning a large copper mining project in Peru. - Advised (with Michael Fordham QC and Laurence Emmett QC) a company involved in the generation of electricity in relation to a regulatory matter.
- Minera Las Bambas SA v Glencore Queensland Ltd (2018, Commercial Court)
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Shareholder Disputes and Company Law
- ABT Auto Investments Ltd v (1) Aapico Investments Pte Ltd (2) Aapico Hitech Public Company Ltd (3) Sakthi Global Auto Holdings Ltd (2020, Commercial Court)
Acted for the Claimants (with Anna Boase QC) in a claim for relief concerning the appropriation of shares under a share charge agreement. - Advised a shareholder-director in relation to a shareholder dispute and settled an unfair prejudice petition.
- Acted on behalf of a director in successfully resisting a summary possession claim brought against a company in the County Court.
- Advised on a claim for breach of a partnership agreement and the dissolution of the partnership.
- ABT Auto Investments Ltd v (1) Aapico Investments Pte Ltd (2) Aapico Hitech Public Company Ltd (3) Sakthi Global Auto Holdings Ltd (2020, Commercial Court)
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Professional Liability
- Eurasian Natural Resources Corporation v Dechert LLP, Mr Gerrard and the SFO [2022] EWHC 1138 (Comm)
Acted for ENRC in the 12-week Commercial Court trial of a pair of high value, high profile claims tried together: (1) in professional negligence against ENRC’s former solicitors and the partner with conduct of matter (an internal bribery and corruption investigation); and (2) in inducing breach of contract and misfeasance in public office against the SFO. ENRC successfully proved that Mr Gerrard committed numerous serious breaches of his duties to ENRC, including making unauthorised disclosures to the SFO about his own client and leaking his client’s confidential documents to the press. ENRC also demonstrated that officers of the SFO induced a significant number of Mr Gerrard’s contractual breaches. Alyssa acted in a team of nine counsel (with Clare Montgomery KC, Nathan Pillow KC, Anna Boase KC, Tim Akkouh KC, James MacDonald KC, Jack Rivett, Freddie Popplewell and Matthew Hoyle). Alyssa continues to act for ENRC in the next phases of the proceedings, concerning causation and loss.
- Eurasian Natural Resources Corporation v Dechert LLP, Mr Gerrard and the SFO [2022] EWHC 1138 (Comm)
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Disclosure and Privilege
- Minera Las Bambas SA v Glencore Queensland Ltd [2020] EWHC 1358 (Comm)
Acted for Glencore (with Jamie Goldsmith QC) in successfully seeking permission for supplementary witness evidence and resisting a disclosure application, raising issues of the scope of waiver of legal advice privilege. - Eurasian Natural Resources Corporation v (1) Dechert LLP (2) Neil Gerrard [2020] EWHC 1002 (Comm)
Acted for ENRC (with Anna Boase KC, Tamara Oppenheimer KC, Tim Akkouh and Sam Rabinowitz) in resisting a disclosure application, raising issues including the application of PD 51U to pre-Pilot cases and legal professional privilege. - Advised with David Wolfson QC on the impact of the decision of Birss J in Property Alliance Group Ltd v Royal Bank of Scotland plc [2015] EWHC 1557 (Ch) on the risk of waiver of privilege.
- Assisted (during pupillage) Conall Patton QC in resisting an application for specific inspection in Minera Las Bambas SA v Glencore Queensland Ltd [2018] EWHC 286 (Comm), raising questions of the scope of litigation privilege.
- Assisted (during pupillage) Laurence Emmett QC in an application for specific disclosure in FM Capital Partners Ltd v Marino [2017] EWHC 3700 (Comm), raising issues of litigation privilege.
- Minera Las Bambas SA v Glencore Queensland Ltd [2020] EWHC 1358 (Comm)
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What the Directories Say
"A brilliant junior who is intelligent, proactive, sensible and commercial – one of the best around for her call" (Legal 500 2024, Commercial Litigation)
"Alyssa is going to be one of the outstanding lawyers of her generation. She is highly intelligent, incredibly hardworking, and very user-friendly" (Legal 500 2024, Civil Fraud)
"Alyssa is an absolute star. She’s on top of everything and has nous beyond her years." (Legal 500 2024, Banking & Finance)
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Education
- BPP Law School London (2016-2017), BPTC (Outstanding, Top of Year)
- University of Oxford (2015-2016), Bachelor of Civil Law (Distinction)
- University of Oxford (2011-2015), BA Jurisprudence with Law Studies in Europe (French Law) (First Class Honours, ranked third in year)
- Université Panthéon-Assas, Paris II (2013-2014), Certificat Supérieur de Droit Français.
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Academic Achievments
- Eldon Scholarship [2017] (awarded each year to the most promising graduate of the University of Oxford intending to practise at the Bar)
- Prince of Wales Scholarship, Gray’s Inn [2016]
- Excellence Award, BPP Law School [2016]
- Oxford Law Faculty Prize for the best paper in Criminal Justice, Security and Human Rights [2016]
- Fountain Court Scholarship for the BCL (awarded by Oxford Law Faculty) [2015]
- Quadrant Chambers Prize for the best paper in International Trade [2015]
- Norton Rose Fulbright Prize for the best paper in Company Law [2015]
- Gibbs Book Prize for performance in Final Honour Schools [2015]
- Hogan Lovells prize for second year law students at Magdalen College [2013]
- Slaughter and May prize for the best paper in A Roman Introduction to Private Law [2012]
- Slaughter and May prize for the best paper in Criminal Law [2012]
- 20 Essex Street prize for the best results in Magdalen College in Law Moderations [2012]
- Scholar, Magdalen College [2012-2015]
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Publications
- Regularly contributes to the Butterworths Journal of International Banking and Finance Law.
- ‘Seeing the hedge for the trees: Manchester Building Society v Grant Thornton’ (2019) 35 JPN 166 (with Aaron Taylor)
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Other Experience
Alyssa takes a particular interest in diversity of recruitment to the Bar. She is a member of the Pupillage Committee and participates in One Essex Court’s “Women at the Commercial Bar” programme. She is also an executive committee member of Junior COMBAR.
Alyssa was a Teaching Fellow in Contract Law at UCL from 2016-2017.
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Languages
- French (near-fluent)