Helen specialises in general commercial litigation, civil fraud, contentious insolvency and company law issues, and professional negligence.
Her practice has a strong international element with expertise in jurisdictional disputes and conflict of law issues, including as they arise at an interim stage in applications for worldwide freezing orders and service out applications or on the substantive claim, and in the cross-border insolvency context.
Helen is a member of Chancery Bar Association, Commercial Law Bar Association, Thought Leaders 4 Fraud, Insolvency, Recovery and Enforcement and the Female Fraud Forum.
Helen is also on the committees of the Tech Disputes Network, the pre-eminent forum for legal professionals working in the field of crypto, digital assets and other tech disputes. She is also an elected member of the Female Fraud Forum’s Social sub-committee.
Helen has a heavyweight and diverse commercial and civil fraud practice, much of which has a cross-border element. She is frequently instructed in cases requiring urgent injunctive and ancillary relief and she has been instructed in many of the leading cases in contempt of court arising out of breach of injunctions and disclosure orders. Helen has a particular interest in disputes involving cryptocurrencies and digital assets and is one of a small number at the Bar with case experience in this area.
Helen’s substantial practice encompasses a wide range of typical commercial and commercial chancery cases ranging from breach of SPA or asset purchase agreements, agency and other fiduciary intermediary disputes, supplier and distributorship disputes, platform usage disputes and sponsorship contract disputes, to misappropriation, deceit, conspiracy and breach of fiduciary duty cases.
Helen is particularly sought-after in cases raising multidisciplinary issues due to her expertise and ability in cross-over areas – notably in professional negligence, company law and insolvency.
Helen is ranked as a leading junior in Commercial Litigation, Civil Fraud and Crypto Disputes in Legal 500. Quotes include:
“She is incredibly bright and provides comprehensive advice.”
“She stands out for her knowledge and ability to think outside of the box. She is incredibly personable.”
“Helen has a rigorous, academic approach, is on top of the key legal developments and knows the players in the field, and is delightful to work with.”
“A tenacious, confident advocate who is incredibly switched on. Clients appreciate Helen’s determination, and her commitment to their case.”
“She is unflappable and has the advocacy touch and tactical judgement of a barrister with much more experience.”
Helen is a contributor to the current edition of Millington and Sutherland Williams on Proceeds of Crime on the issue of the interaction of proceeds of crime legislation and the insolvency regime. She also frequently contributes to the leading industry journals.
Prior to practise at the Bar, Helen taught commercial contract classes at the London School of Economics.
Acting for the first appellant in the Court of Appeal on the issue of the interrelationship between alternative service orders in the underlying proceedings and the mandated service provisions under Part 81 in contempt proceedings (sole counsel) (Commercial Bank of Dubai SC & Ors v Al Sari [2024] EWCA Civ 643).
An asset recovery claim to c£500m in bitcoin raising issues of proprietary relief, applicable law, and the interrelation between civil recovery and confiscation proceedings under the proceeds of crime act and the insolvency jurisdiction of the English court.
Acting for a HNW claimant in a claim against a trading platform for wrongful termination of trades.
Acting for a defendant in contempt proceedings arising out of a breach of disclosure obligations ancillary to a proprietary injunction (led by James Counsell KC) (Isbilen v Turk [2024] EWHC 565 (Ch) and Isliben v Turk [2024] EWCA Civ 568).
A multi-million pound bitcoin fraud against foreign-domiciled parties identified as potential recipients of the misappropriated bitcoin followed a disputed tracing exercise by blockchain analysis experts (sole counsel) (Ellis v Digit Europe Ltd).
An application for an interim injunction to ‘hold the ring’ pending a claim based on wrongful termination of a contract of supply of goods and services (sole counsel).
A claim for repayment of a series of loans made to the defendant raising a variety of issues including the meaning of delivery of a deed, the scope of a purported settlement and limitation (sole counsel).
A High Court £3m claim in unlawful means conspiracy, dishonest assistance, and the tort of procuring breaches of contract arising out of an alleged property investment fraud (sole counsel).
Advising various depositors upon possible causes of action in relation to the collapse of the FTX cryptocurrency exchange (sole counsel).
A £5m claim by a US company against an English company with high profile and high value IP rights concerning breach of warranty, breach of fiduciary duty and the fraudulent dissipation of monies. (led by Aidan Casey KC)
A multi-party fraud action said to arise out of the misappropriation of luxury cars worth c£1.5m at a prominent London hotel and their unauthorised transfer to Switzerland (sole counsel).
A summary judgment matter involving a high-net worth individual concerning a £3.7m loan and issues of mistake, illegality, misrepresentation, res judicata and abuse of process. (led by Jonathan Seitler KC) (Baxendale-Walker v APL Management Ltd).
Helen has substantial experience in the full spectrum of contentious company law matters. Helen’s complementary expertise in insolvency, including breach of duty & misfeasance claims, and her civil fraud work is a particular advantage to clients looking for clear, strategic advice in claims where wrongdoing by shareholders or directors is suspected.
Helen has a significant practice in shareholder disputes across a range of sectors and industries. These range from disputes between equal shareholders in a number of property development SPVs, to minority shareholder rights in substantial groups of companies to multi-faced litigation between parties which include, as one part, an unfair prejudice matter. In addition she has been instructed on a number of derivative action matters, including McGaughey v USSL which was the first reported case of an attempt to bring an ESG (multi)derivative action.
Helen’s expertise in crypto and digital asset disputes makes her an excellent choice for company law issues arising in the tech sector.
Acted for the successful respondent before Leech J and subsequently the Court of Appeal on an application for permission to pursue a multiple derivative action against the directors of a corporate trustee of a pension scheme on grounds including that the directors had failed to prepare a plan to divest the scheme of its investments in fossil fuels (led by Andrew Short KC) (McGaughey & anr v Universities Superannuation Scheme Ltd).
Acting for a majority shareholder in both a trading company and a property Holdco in an unfair prejudice petition raising issues of diversion of profits to another company and sales at undervalues.
Junior counsel in the leading Supreme Court case on de facto directors (led by Aidan Casey and Peter Knox KC) (Holland v Revenue and Customers Commissioners (Re. Paycheck Services 3 Ltd)).
An unfair prejudice petition and counter-petition in relation to a series of connected property development companies raising issues of fairness/ justification and valuation.
Advising a director upon his potential liabilities in the event of an unsuccessful challenge to HMRC’s tax assessment arising out of the company’s adoption of an employee benefit tax scheme.
Helen is a sought-after junior in the full range of insolvency litigation. Her experience includes directors’ disqualification proceedings, misfeasance/breach of fiduciary duty claims, unlawful distribution claims, antecedent transaction challenges, and beneficial ownership disputes, as well as wrongful and fraudulent trading. She regularly appears in specialist proceedings under the Insolvency Act such as petitions of overseas companies, disputed petitions, admin extensions, and applications for directions by insolvency practitioners.
Whilst the vast majority of Helen’s practice is in the field of corporate insolvency, she also acts for and against HNW individuals and high profile persons facing personal insolvency or claims arising out of personal insolvency. Helen’s practice includes annulment applications, suspension applications and applications for examinations.
Her clients include many of the well-known insolvency practitioners and a market leading insolvency litigation funder, but she also works regularly on the ‘director-side’ or for individuals facing insolvency, challenging insolvency proceedings or seeking to resist or overturn decisions taken by insolvency practitioners.
Helen is ranked as a leading junior in Insolvency in the Legal 500. Client quotes include:
“Very technically strong.”
“She is incredibly bright and provides comprehensive advice.”
“Very thorough and commercial. Quickly gets the issues and provides clear focus.”
“An enviable ability to grasp large amounts of information quickly and draft claims logically, thoroughly and with precision.”
A successful application to serve a winding up petition out of the jurisdiction on an overseas company in respect of debts and on the just and equitable ground, and thereafter appearing on the successful petition (Quartermain Ltd v Blackmore Global PCC Ltd [2022] EWHC 692 (Ch), [2022] All ER (D) 112 (Mar)).
Acting for the joint liquidators of a cryptocurrency exchange in members’ voluntary liquidation in an application for directions in relation to the novation of customer contracts depositing cryptocurrencies with the company (sole counsel) (Coinfloor Ltd In Members Voluntary Liquidation, In the Matter Of [2024] EWHC 2767 (Ch)).
Advising and representing a group of creditors in an application to wind up an overseas company involved in the Lantian Gerui Fraud, raising issues of the overlap with civil recovery proceedings and the creditors’ claims to c£500m bitcoin held by the company .
Advising a liquidator upon digital assets and cryptocurrency issues in a corporate insolvency.
A complex unlawful dividend and misfeasance claim against a former director of an insolvent company raising issues which include a director’s responsibility where a company falls victim to a fraud.
Acting for liquidators of a company which had engaged in a ponzi land-banking fraud in the US targeting UK investors.
Holland v Revenue and Customers Commissioners (Re. Paycheck Services 3 Ltd)
Junior counsel in the leading Supreme Court case on de facto directors (led by Aidan Casey and Peter Knox KC).
Representing a formerly high-net worth individual in successfully resisting a trustee’s application to suspend his bankruptcy discharge.
Advising in conjunction with local lawyers on winding up proceedings in the Isle of Man on the grounds of a petition debt based on an Indian arbitration award undergoing challenge in the Delhi Supreme Court.
Acting for a liquidator pursuing claims against directors of a company which went insolvent as a result of a fine imposed by the company’s regulator.
Advising a director upon his potential liabilities in the event of an unsuccessful challenge to HMRC’s tax assessment arising out of the company’s adoption of an employee benefit tax scheme.
Helen undertakes a range of banking and finance work as part of her broad commercial practice. She is often instructed in guarantee disputes, on questions of priorities and security matters, on unfair relationship cases and in other creditor matters. Helen’s cases often involve cross-over issues in insolvency, civil fraud and professional negligence. In particular, she has been instructed in a number of professional negligence cases against financial and insurance intermediaries.
Helen is regularly invited to speak on topics related to banking and finance, including Quincecare claims and cryptocurrency. She has been published on a range of topics in the Journal of International Banking and Financial Law and other leading publication.
Advising a finance company upon the enforceability of its loan agreement and associated guarantees against husband and wife co-directors. The case raises a number of issues not atypical in cases where the debtor company is a family-run business, including questions of authority and forgery.
Acting for a high profile, high net worth individual in an action to recover a significant loan raising issues including the validity of a deed, promissory estoppel and limitation.
Advising a high net worth foreign national in connection with a claim against his former solicitors arising out of multi- million losses due to issues relating to deeds of priority and the registration of charges between competing lenders, and a claim against another lenders.
Advising the former spouse of a company director upon the validity and enforceability of an all-monies guarantee provided to an institutional lender to secure her former spouse’s failing business.
Acting for the founding shareholders of a company in a dispute against private equity investors arising out of the investment
agreement and subsequent conduct of the PE firm.
Acting for a client in an action for breach of MCOB rules in a typical ‘interest-only’ mortgage mis-selling case.
Acting for an individual in an unfair relationship case arising out of the advancement of loans by connected parties.
Helen has extensive experience across the breadth of professional negligence actions including firms of solicitors, surveyors and valuers, insurance and other brokers or intermediaries, and accountants. Helen is regularly named in the Professional Negligence category of Legal 500 as a leading junior in this area “Helen has a fantastic grasp of the intricacies of professional negligence, and an approachable and understanding demeanour which helps to build a quick rapport with clients.”
Advising a high net worth foreign national in connection with a claim against his former solicitors arising out of multi- million losses due to issues relating to deeds of priority and the registration of charges between competing lenders, and a claim against another lenders.
A commercial court trial against a city law firm arising out of negligent Mexican tax advice (led by William Godwin KC) (Symrise AG v Baker & McKenzie).
A claim against an accountant for various breaches of duty, including a failure to implement a tax efficient members’ voluntary liquidation in advance of an adverse change in entrepreneur’s relief.
A claim against a mortgage broker for misselling an interest only mortgage in breach of the then applicable MCOB rules.
Advising a group of claimants who were victims of a student accommodation property fraud in relation to professional negligence by their former conveyancing solicitors and surveyor.
Acting for a shareholder and group of companies in a claim against a well-known US solicitors’ firm for advisory failures in connection with a multi-million pound asset purchase agreement.
Helen Pugh is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.
To find out more, contact Lexie Johnson on + 44 (0) 207 427 0801 or George Bennett on +44 (0)207 427 0807 for a confidential discussion.
Our dedicated practice management team can help you identify the right barrister for your case.
In addition to writing for chambers’ own publications, Helen regularly contributes to a range of external journals and periodicals including the Journal of International Banking and Finance Law, the Journal of Corporate Rescue and Insolvency, the New Law Journal and others. Helen is also a contributor to the insolvent defendants chapter in the upcoming edition of Millington and Sutherland Williams on the Proceeds of Crime.
Helen has published various articles. Recent articles include:
Read Helen’s Privacy Policy.
