Juliette Levy

Recommended by Chambers & Partners as a leading chancery commercial junior, Juliette has been described and recognised as “an excellent chancery junior” .

Juliette undertakes a wide variety of commercial chancery work, both litigation and advisory, including civil fraud, asset freezing orders, equitable doctrines and remedial trusts, at first instance and appellate levels.

She is renowned for her command and experience of telecommunications law and regulation. Juliette has been repeatedly retained in numerous telecoms issues, including both Ofcom and ICSTIS (now PhonepayPlus) telecommunications regulatory and licensing matters, network-operators / service providers/ reseller interconnection and contractual disputes, and telecommunications fraud. Her client base covers all aspects of the telecoms sectors, including network operators, service providers, resellers and content providers.

Juliette acted for a service provider in the only IAB case to consider ICSTIS’ powers under the Communications Act 2003.

In the past Juliette has acted for a national airline and for Premier Telesports in its action against The Racecourse Association and Attheraces plc,

Juliette has been retained in the long running Dadourian Group Litigation fraud action, the most recently reported stage of which is the widely reported decision of the Court of Appeal following the lengthy appeal which took place last December.

Year of Call: 1992

Professional memberships: Chancery Bar Association, Society for Computers & Law

Recent and reported cases:

Dadourian Group International & Ors v Simms & Ors [2009] 1 Lloyd’s Rep 601
(i) exercise of the Court of Appeal’s discretion to strike out an appeal under CPR Part 52.9 and application of article 6 and Arrow Nominees Inc v Blackledge [2000] 2 BCLC 167; (ii) exercise of discretion to discharge freezing orders on the basis of material non-disclosure and causes of action which all failed at trial; (iii) the parameters for causation in deceit – Smith New Court Securities Ltd v Citibank NA [1997] AC 254; and (iv) materiality of arbitration findings and arbitration award between A and B in subsequent proceedings between B and C – application of Sun Life Assurance Company of Canada v Lincoln National Life Insurance Co [2005] 1 Lloyd’s Rep 606

Tamlura NV v CMS Cameron McKenna [2009] EWHC 538 (Ch)
(professional negligence claim arising out of £40m share sale agreement)

Dadourian Group Internation &Ors v Simms & Ors [2008] EWHC 1784 (Ch)
(Use of unlawfully disclosed privileged documents, fraud exception to privilege, waiver of privilege and related issues)

Dadourian Group International &Ors v Simms & Ors [2008] EWHC 186 (Ch)
(Release of undertakings for use in main action of evidence obtained under cross examination in freezing order proceedings)

Halpern v Halpern [2008] QB 195
(Conjoined appeals and widely reported case on (i) conflict of laws – whether a non-national system of law, such as Jewish law, could be the applicable law of a contract under the Rome Convention, or an aid to interpretation of a contract governed under the Rome Convention by a national system of law; (ii) availability of rescission of a contract allegedly procured by duress and necessity of counter-restitution)

Dadourian Group International &Ors v Simms & 15 Ors [2007] EWHC 2634 (Ch)
(Effect of injunctive relief on third parties, whether a third party could be in contempt of court by seeking to deploy material, the use of which was prohibited by an order in separate proceedings against other parties, and consideration of Attorney General v Punch [2003] AC 1046

Halpern v Halpern (No.2) [2006] 3 WLR 946
(Restitution and rescission, a party cannot rescind a contract procured by duress in circumstances where he could not offer the other party substantial restitutio in integrum)

Halpern v Halpern [2006] 2 Lloyd’s Rep 83
(Conflict of laws, application of Shamil Bank of Bahrain EC v Beximco Pharmaceuticals Ltd & Ors [2004] 1 WLR 1784 to Jewish law and to compromise agreement embodied in an arbitration award, Part 24, fraudulent misrepresentation, mistake, frustration, uncertainty, fulfilment of condition precedent and duress)

PRS v ICSTIS (unreported ) IAB 5 July 2005
(Successful appeal against unprecedented fines imposed by ICSTIS against a service provider and first guidance on ICSTIS’ powers under the Communications Act 2003)

Mancini v Telecommunications Uk Ltd [2003] EWHC 211 (Ch)
(Improper/fraudulent use of numbers, strike out of claim and failure to comply with court orders)

Re Don Basil Williams [2003] BPIR 545, [2002] EWHC 1393 (Ch)
(Consideration of sanction of office-holders’ compromise under sections 167(1) and 314 of the Insolvency Act 1986)

Re Allen, Re a Debtor (no.367 of 1992) [1998] BPIR 319
(section 264 of the Insolvency Act 1985 –whether one petition can be presented by two separate creditors in respect of two separate debts)

Publications

Halpern v Halpern - whether Jewish law can be the governing law of a contract and the doctrine of incorporate and restitutio in integrum – New Law Journal 9.6.06

Email: juliette.levy@selbornechambers.co.uk