Naomi Hall

I am a Senior Associate at Fladgate with over 8 years’ experience assisting clients with their commercial and insurance disputes.

Insurance

• Acting for a policyholder client in a coverage dispute under its political risks policy following expropriation of our client’s business operations in West Africa.
• Progressing damage and business interruption claims under property and political risks policies for a client suffering significant losses following an insurgency event in South-East Africa.
• Advising one of the largest conveyancing providers in the UK on coverage under a cyber policy in the wake of a ransomware attack.
• Advising policyholders on cover under non-damage business interruption policies and events cancellation policies as a result of Covid-19.
• Representing a policyholder in a coverage dispute under a commercial property “all-risks” policy following a major escape of water incident that caused significant damage to property.
• Advising an international financial services company facing a class action relating to the collapse of a cryptocurrency provider on the operation of a cryptocurrency exclusion in their civil liability policy.
• Acting for various group companies to secure directors and officers cover for numerous individuals involved in an SFO investigation.
• Representing a client in a dispute with its insurer under a commercial property policy regarding loss of its stock following a warehouse fire.
• Acting for a major national commercial property agency in a coverage dispute under a professional indemnity policy with several excess layers.
• Advising a public body on coverage in respect of significant public liability legacy claims.
• Acting for an investment and wealth management firm in an insurance coverage dispute as to the responsiveness of a professional indemnity policy over legal costs incurred defending a US action.
• Advising a US distributor of blood plasma in relation to coverage under its cargo policy where samples had been compromised as a result of equipment failure at its UK facility where coverage had been declined under an exclusion.

Commercial Litigation

• Farol Holdings Limited & Ors v (1) Clydesdale Bank PLC (2) National Australia Bank Limited [2024] EWHC 593 (Ch) (subject to appeal) – acting for 900+ SME claimants in an action relating to the bank’s contractual entitlement to charge “break costs” upon early repayment of fixed interest rate “Tailored Business Loans” and false representations regarding the fixed rate of interest payable.

• Acting for a foreign bank in relation to proceedings against it involving allegations of unlawful means conspiracy and breach of obligations concerning a constructive trust. Challenging the jurisdiction of the English court to hear the claim (and challenging an earlier Pre-Action Disclosure on jurisdictional grounds).
• Advising a major plant and machinery manufacturer on its contractual obligations under a liquidated damages clause within a c.$40m supply contract should performance standards not be met.
• Representing an online gaming company in an intellectual property dispute with a third party and former consultant.

• Acting for a hotel owner in dispute with its hotel manager, including negotiating a settlement to terminate several Hotel Management Agreements and facilitate an orderly hand over of services.
• DnaNudge Ltd v Ventura Capital GP Ltd [2023] EWCA Civ 1142 – representing the majority preference shareholder in a successful claim that the conversion of preferred shares into ordinary shares, upon notice from an "Investor Majority" (constituted by ordinary shareholders), constituted a variation or abrogation of the preferred share rights, and was void for failure to obtain class consent.
• Invest Bank v (1) Ahmad Mohammad El-Husseini (2) Mohammed El-Husseiny & Ors [2022] EWHC 894 – defending a UK fund manager against a freezing injunction and underlying proceedings relating to his ownership of shares in a UK company, considering the scope of s.423 Insolvency Act 1986.
• Acting for the former directors of a financial advisory firm in a breach of warranty claim following sale of the company.
• Beveridge v Quinlan [2019] EWHC 424 (Ch) – acting for bank-appointed Receivers to successfully obtain declaratory and injunctive relief to enable the collection of certain monies relating to Banco Santander's headquarters in Spain.
• Richard Pease v Henderson Administration Ltd [2019] EWCA Civ 158 and [2018] EWHC 661 (Ch) – acting for an investment fund manager in claims for breach of contract against his former employer arising out of, inter alia, its failure to pay management fees.
• Acting for a minority shareholder pursuing an unfair prejudice petition in relation to a family business where the client had been excluded from management.
• Defending mis-selling claims brought against financial advisor clients relating to structured loan notes.