Call: 2015    
Kristina Lukacova  

Practice Overview


Kristina has a broad commercial and chancery practice, which includes commercial litigation, company and insolvency matters, civil fraud and trusts and estates.

 

Kristina has a particular interest in conflict of laws and much of her work has an international element. Regularly instructed in cases involving complex issues of jurisdiction, Kristina has acted for the EU-domiciled defendant in a successful jurisdiction challenge to a claim by a Mayfair casino (Les Ambassadeurs Club Limited v Mr Vona [2018] EWHC 3149 (QB)) and for the claimant in a $4m contract claim before the DIFC-LCIA Tribunal, defeating a jurisdiction challenge and succeeding on the merits (as sole counsel). 

 

Kristina’s recent work includes a three-week High Court trial, in which David Warner and Kristina successfully defended the Secretary of State for Education in a £1m claim for alleged training fees (UK Learning Academy Limited v The Secretary of State for Education [2018] EWHC 2915 (Comm)) and a two-week trial of an unfair prejudice petition (Dinglis v Dinglis [2019] EWHC 1664 (Ch)) (led by Mark Hubbard).

 

Kristina has also recently assisted (as a member of the counsel team) the Secretary of State for Transport with his defence to Eurotunnel’s challenge of Brexit-related contracts for additional ferry capacity (Eurotunnel v Secretary of State for Transport, now settled).

 

Further examples of Kristina’s work are listed below.

 

Kristina is a contributor to Companies – Commentary, Articles (Volume 9(1) of the Encyclopaedia of Forms and Precedents) and regularly writes for LexisPSL as a member of the panel of experts on Dispute Resolution.

 

  • Commercial Litigation
    • Kristina is regularly instructed in a wide range of commercial disputes before the English courts and arbitral tribunals, both as sole counsel and as a member of a team. She has a particular interest in complex contract disputes, matters with an international element and cases raising issues of jurisdiction and choice of law.

       

      Kristina’s recent work includes:

       

      • UK Learning Academy Limited v The Secretary of State for Education [2018] EWHC 2915 (Comm): successfully defended (led by David Warner) the Secretary of State for Education in a three-week trial of a £1m claim for alleged training fees

       

      • Eurotunnel v Secretary of State for Transport (now settled): Kristina assisted the Secretary of State for Transport with his defence to Eurotunnel’s challenge of Brexit-related contracts for additional ferry capacity (as a member of the counsel team)

       

      • Les Ambassadeurs Club Limited v Mr Vona [2018] EWHC 3149 (QB): a successful jurisdiction challenge in the High Court in a claim by a Mayfair casino against an EU-domiciled defendant (as sole counsel)

       

      • Confidential DIFC-LCIA arbitration (2019): a successful claim for over $4m raising complex issues of contract interpretation, in which Kristina defeated a jurisdiction challenge and succeeded on the merits (as sole counsel)

       

      • Advising on novel issues of class definition and quantum arising out of proposed collective proceedings in the Competition Appeal Tribunal, with a headline figure of £1bn (with Justina Stewart)

       

  • Company
    • Kristina’s recent instructions include:

       

      • Dinglis v Dinglis [2019] EWHC 1664 (Ch): acting for the respondent in a two-week trial of an unfair prejudice petition (led by Mark Hubbard), where 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

       

      • Advising on a potential several-million-pound claim for (inter alia) breach of fiduciary duty against a number of defendants, including company directors

       

      • Various claims for restoration of companies to the register and for rectification of the register of members

       

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

       

  • Insolvency
    • Kristina regularly appears for petitioning creditors and debtors in winding-up petitions. She has experience of applications to restrain presentation or advertisement of winding-up petitions, applications for validation orders and applications to rescind winding-up orders.

       

      Kristina has experience of applications to set aside statutory demands and regularly appears for creditors and debtors in bankruptcy petitions.

       

  • Civil Fraud
    • Kristina’s recent work includes a successful application to set aside default judgment in a claim based on a personal guarantee, involving allegations of forgery.     

       

      During her pupillage, Kristina assisted with the following cases:

      • A fraudulent conspiracy claim made by London Borough of Brent against key former management and governors of Copland School in London

       

      • A High Court trial dealing with an alleged tainted gift made to the former spouse of a convicted fraudster

       

      • A will forgery case involving modern forensic techniques for detecting document fabrication

       

  • Trusts and Estates
    • Kristina has experience of co-ownership disputes and applications under the Trusts of Land and Appointment of Trustees Act 1996 based on constructive trusts and/or proprietary estoppel.

       

      Kristina’s recent instructions include:

      • Advising on a potential several-million-pound claim for (inter alia) breach of trust, knowing receipt and dishonest assistance

       

      • Haynes v Andre [2018] 3 WLUK 234: an application to remove an executor and trustee

       

  • Additional Information

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