Julie Witham
Counsel | London
Julie Witham

Julie Witham advises clients on a broad range of commercial disputes, including civil fraud claims (i.e claims for conspiracy, dishonest assistance, etc.) and for breach of contract, breach of duty of care/breach of fiduciary duty, misrepresentation and has acted for claimants and defendants in international and multi-party proceedings in the Commercial Court, Chancery and Queen’s Bench Divisions of the High Court and LCIA arbitration proceedings.  Ms. Witham also advises clients on disputes with insurers, with particular focus on disputes arising under directors and officers and professional indemnity insurance contracts.

Ms. Witham is recommended by The Legal 500 UK for commercial litigation, with clients noting that "[she is] extremely diligent and conscientious" (2022).

General Commercial

  • Advising majority shareholder and company in respect of the quantum phase of an unfair prejudice petition.
  • Advising hedge fund in relation to claims brought against it by another hedge fund alleging inducing breach of contract, knowing receipt and misuse of confidential information and unlawful means conspiracy.
  • Advising insolvency office holders in relation to a series of related proceedings that arise out of the bankruptcy of a businessman and his principal trading company. Involved pursuing s366 applications against third parties, for the purposes of tracing and collecting in assets as well as claims for unlawful means conspiracy, breach of fiduciary duty, dishonest assistance and other causes of action arising under sections 423, 238 and 239 of the Insolvency Act.
  • Advising investor in connection with a contractual dispute relating to a short-term sale and repurchase agreement in respect of bonds, with a nominal value of €25 million, involved obtaining emergency injunctive relief.
  • Advising investment firm in connection with a dispute that arose between it and a placing agent relating to an aborted fund-raising involving allegations of breach of (written and oral) contract and claims for quantum meruit.
  • Advising shipping company on a contested exit from a joint venture with entities based in UAE, involving allegations of breach obligations under JV agreement and disputes as to validity of termination notices.
  • Advising an Investment Bank on enforcement options in connection with defaulted loans to emerging market parties, including options for injunctive relief in overseas jurisdictions.
  • Representing an oil company in two claims for breach of contract against its joint venture business partners in respect of gas and oil exploration projects.
  • Representing Ukrainian businessman, Michael Cherney, in his claim for breach of contract, damages and declaratory relief against his former business partner, Oleg Deripaska.
  • Representing a class of investors in Sigma Finance Corporation in a dispute relating to the proper construction of a Security Trust Deed.
  • Representing a businessman in respect of his claim against his former business partner for damages for fraudulent misrepresentation in connection with the sale of shares in five companies, whose principal business was the operation of restaurants.
  • Representing a US company as part of a multi-jurisdictional team in connection with enforcement proceedings in the UK relating to a US$120 million debt.

Breach of Duty Care / Fiduciary Duty 

  • Representing a listed property company in a claim against its former Finance Director for breach of contract, breach of fiduciary duty and deceit in connection with the misappropriation of company funds.
  • Representing a businessman in respect of his claim against his former accountants for breach of duty of care, breach of contract and breach of fiduciary duty in connection with advice provided by them concerning the tax consequences of an investment.
  • Defending bookmakers against a breach of duty of care claim which sought to establish an entirely new tort between bookmakers and their customers.

Arbitration

  • Representing a reinsurance company in an ad hoc confidential arbitration concerning the proper interpretation of a quota share reinsurance treaty.
  • Representing a businessman in an LCIA arbitration brought against his former business partner for breach of a settlement agreement.
  • Representing Dubai based company in two LCIA arbitrations concerning six related commodities contracts and coordinating the enforcement of the award in Hong Kong and related Californian proceedings.
  • Representing chemical company in LCIA arbitration in relation a dispute regarding a long-term supply, said to be void and unenforceable on the grounds that it breached EC competition law.

Insurance and Reinsurance

  • Advising an investment bank in respect of insurance claims linked to its exposure following the collapse of Greensill Capital, including working with Australian counsel to bring litigation claims in New South Wales seeking an indemnity under insurance policies.
  • Representing a reinsurance company in a confidential arbitration concerning the proper interpretation of a quota share reinsurance treaty.
  • Advising client in respect of proposed Cyber Risks policy.
  • Advising client in relation to effectiveness of Lloyds electronic placing system.
  • Advising multiple clients in respect of scope of coverage and notification issues arising under various types of insurance policies including Professional Indemnity, D&O and public liability policies.
  • Advising Managing General Agent in respect of coverage dispute with insurers under PII policy where insurers purported to avoid the policy.
  • Representing client in relation to an aggregation dispute with its insurer under professional indemnity insurance policy, concerning 74 negligent valuations.
  • Representing client in respect of dispute concerning the proper interpretation of a reinsurance treaty.
  • Defending a claim by Lloyd’s Names against their Members’ Agents for breach of contract, breach of duty of care and negligent miss-statement arising out of the sale of insurance policies to the Names.
  • Defending claims for misrepresentation, breach of duty of care, breach of contract and breach of fiduciary duties by a South American insurance company against its Lloyd’s broker in respect of the placing of a facultative insurance programme.

Other

  • Advised employer in respect of employee’s unlawful hacking of management email accounts, involved obtaining emergency injunctive relief and associated orders for delivery up, review and deletion of materials on employees’ electronic devices.
  • Advised LLP on disputes with members and in relation to member exits.
  • Representing client in relation to an aggregation dispute with its insurer under professional indemnity insurance policy, concerning 74 negligent valuations.
  • Advised client in relation to effectiveness of Lloyds electronic placing system.
  • Representing two Commercial Directors of retailer in relation to an investigation conducted by the SFO into false accounting and failure to make correct disclosures.
  • Representing foreign exchange currency traders in connection with investigations undertaken by their employers (at the behest of FCA and DOJ) into alleged attempts to manipulate the WMR 4.00pm fix.
  • Representing a former Chief Executive in connection with an internal investigation into bribery and corruption issues that the company undertook following a raid on its offices by the City of London Police. 
Services
    • The University of Hull, LL.B., Law
    • England and Wales