Jennifer Seaman

The directories say

“a first choice of counsel at her level” 

- Chambers UK 2014

Jennifer regularly appears as a sole advocate in both the High Court and County Courts and has appeared, as junior counsel, in the Court of Appeal and in the Supreme Court. 

She has been instructed on two high-profile Supreme Court cases heard this year: Futter v. HMRC [2013] UKSC 26 and Benedetti v. Sawiris [2013] UKSC 50.

Jennifer’s practice includes all areas of chancery and commercial work, in particular:

  • Pensions
  • Trusts and Probate
  • Inheritance Act claims
  • Contractual and commercial disputes
  • Professional negligence
  • Company, partnership and LLP disputes
  • Insolvency
  • Property litigation
  • Civil fraud

 

 

Professional Reputation

Chambers & Partners UK 2014 - Pensions: Jennifer is described as an ‘up-and-coming individual with a broad chancery and commercial practice.  She is involved in a number of significant pensions cases and wins glowing praise from instructing solicitors.  “Her client-friendly manner, technical knowledge and excellent experience have all helped to make her a first choice of counsel at her level.”

Jennifer is ranked in Legal 500 (2013) in the field of Private Client: Trusts and Probate in which she is described as “very bright and helpful” and in Chambers & Partners UK 2013 as an ‘up and coming’ junior in the field of Pensions.  

 

Notable recent cases

 

Jennifer’s recent cases include:

Commercial

  • Benedetti v. Sawiris [2013] UKSC 50. Jennifer was instructed, with Mark Howard QC (of Brick Court Chambers) and Andrew Twigger QC, to act as junior counsel for Mr Benedetti in his appeal to the Supreme Court, which concerned issues of restitution and the valuation of a quantum meruit award.

  • Portpin v. Antonov.  Jennifer is instructed with Andrew Twigger QC, to act on behalf of the Claimant, the previous owners of Portsmouth FC, in relation to the enforcement of a third party guarantee.

  • Trade Air Airline Support Ltd v. Kingdom Holdings Company.  In 2012, Jennifer acted on behalf of Kingdom Holding Company in a commercial dispute concerning the Kingdom’s private 747 aircraft.  Instructed by Hogan Lovells LLP.

  • Arab Banking Corporation & ABC Islamic Bank v. Ahmad Hamad Algosaibi & Brothers (AHAB) (2011) Jennifer was instructed, with Andrew Twigger QC, to act on behalf of ABC and ABCIB banks to recover a sum in excess of US$100 million from AHAB, a partnership based in Saudi Arabia.  The case was set to be one of the largest cases before the commercial court in 2011, but ended on the 4th day of trial after AHAB admitted contractual liability. Instructed by Herbert Smith LLP.

Chancery

  • Egbunike v. Egbunike.  In June 2013, Jennifer successfully appeared on behalf of the administrators of the deceased's estate and his widow in a dispute as to whether the widow was legally married to the deceased at the date of his death.  The case consisted of a 5 day trial in the Family Division and involved matters of Nigerian customary law. 

  • Futter v. HMRC[2013] UKSC 26. Jennifer was instructed, with Robert Ham QC and Richard Wilson, to act as junior counsel for the Appellant trustees in their appeal to the Supreme Court, which concerned the existence and limits of the principle known as the rule in Re Hastings Bass. Instructed by Withers LLP.

  • Hallett v. Hallett. In July 2012, Jennifer successfully appeared on behalf of the Claimant widow, who was awarded 50% of the deceased’s net estate under the 1975 Act, following a 2 day trial.

  • Re Hampel Discretionary Trust 1999 [2012] EWHC 2395 (Ch). Jennifer successfully appeared on behalf of the applicants to rectify an inter vivos trust deed, which did not represent the applicants’ intentions.

  • Keith Maxwell Tamlin & Ors v. Holly Holbrook Samuel Edgar & Ors (Times, February 23, 2012) Acted (as sole counsel) for the Third Defendant, a beneficiary under two related family trusts. The case concerned the Claimant trustees’ application for the Court’s approval of advancements to wind-up the two trusts. Instructed by Trowers & Hamlins LLP.

  • Jennifer acted as junior counsel (with Gilead Cooper QC and Andrew Child) on behalf of a professional trustee, in relation to a substantial application for Beddoe relief. The proceedings were heard in private in the Chancery Division by Lindsay J in May and June 2010. Instructed by Boodle Hatfield LLP.

Pensions

  • Konica Minolta Business Solutions (UK) Ltd v Applegate [2012] EWHC 3741 (Ch) and [2013] EWHC 2536 (Ch).  Jennifer acted on behalf of the trustees of the Konica Minolta pension scheme in proceedings commenced by the employer for rectification of the scheme rules.  A trial of preliminary issues was heard in December 2012, which concerned the application of statutory preservation requirements.  Summary judgment on the rectification claim was granted in August 2013.   

  • Entrust Pension Ltd v. (1) Prospect Hospice Ltd and (2) Yvonne Hunter [2012] EWHC 1666 (Ch) and [2012] EWHC 3640 (Ch). Jennifer acted, with Fenner Moeran, on behalf of the Second Defendant, a representative member of the ‘Flexiplan’ pension scheme, in a two stage trial regarding the level of benefits due to scheme members. Instructed by Eversheds LLP.
  • McCall v. ITN & Baker.  In 2012, Jennifer acted with Sarah Asplin QC on behalf of ITN in a claim concerning the construction of the ITN pension scheme.  Instructed by Addleshaw Goddard LLP and Burness LLP.

  • Re Great Lakes (UK) Limited Pension Plan (2011); Chemtura Manufacturing UK Ltd.  In 2011, Jennifer acted with Sarah Asplin QC on behalf of the Trustees of the Plan in response to a Warning Notice issued by the Pensions Regulator, in connection with an alleged shortfall.  Instructed by Burges Salmon LLP.

 

 

 

Professional Memberships

 

Chancery Bar Association

COMBAR

Association of Pension Lawyers

 

Education

 

Jennifer read law at New College, Oxford, where she was awarded a New College Law Scholarship. She subsequently obtained the BCL at New College, Oxford, focusing on restitution, trusts, civil procedure and international economic law. Jennifer completed the BVC at BPP, and received the Wigglesworth, Hubert Greenland and Hardwicke scholarships from Lincoln's Inn.

 

Other experience

 

Before joining Chambers, Jennifer spent a period of time as an intern in the litigation department at Clyde & Co LLP, and at a specialist litigation firm, Trief & Olk, in New York.

Since becoming a tenant, Jennifer has undertaken a short secondment to the pensions department of Eversheds LLP, London and to the dispute resolution department at Maurice Turnor Gardner LLP.

 

Publications

 

Co-Author of the article “An Exercise in Good Citizenship?” on the Pitt v Holt and Futter v Futter decisions in TQR Oct 2013.

Author of LexisNexis Practice Note: “The Principles governing the Construction of Pension Trust Deeds and Rules” (Sept 2013).

Author of LexisNexis Practice Note: “Limitation Periods in Pension Claims” (Jan 2013).

Contributor to Tolley’s Pension Law chapter: “Dispute Resolution and Pension Scheme Litigation”.

Author of LexisNexis Practice Note: “Seeking Guidance from the Court: Part 8 Claims” (Oct 2011).

 

 

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