Marlena Valles

Acted for an asset management and investment company resisting winding up petitions brought on just and equitable grounds against three investment fund companies.  The petitioner contended that serious misconduct (including conspiracy, breach of directors’ duties and charging of unlawful fees) occurred in relation to a total USD300 million investment.  The case has involved various interlocutory applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the funds culminating in a six week trial (with Michael Bloch KC, Tom Weisselberg KC, Tom Mountford, and Andrew Trotter).

Acted for a shareholder seeking the discharge of a receivership order and an order to appoint joint provisional liquidators, obtained ex parte, in the context of a winding up petition which another shareholder has brought against an investment fund.  The shareholder petitioner alleged that various forms of wrongdoing (including conspiracy, breach of directors’ duties and misrepresentation) occurred in connection with a USD200 million investment.  The orders were discharged at first instance for breaches of the duty of full and frank disclosure, and this decision was upheld by the Eastern Caribbean Court of Appeal (with Andrew Hunter KC and Tom Mountford).

Acting for the claimants in an appeal of the decision of Cockerill J to award the claimants the largest ever account of profits at the quantum stage of a dispute concerning the management of the estate of the deceased Georgian billionaire Arkadi Patarkatsishvili (with Tom Weisselberg KC, Tom Cleaver, and Will Bordell).

Acted for the claimants in a 6 week Commercial Court trial, seeking the largest ever account of profits at the quantum stage of a dispute concerning the management of the estate of the deceased Georgian billionaire Arkadi Patarkatsishvili (with Shaheed Fatima KC, Tom Cleaver, and Will Bordell).

Acted for the claimant in a claim concerning breach of contract and quantum meruit in the context of supply of PPE during the Covid-19 pandemic (assisting Victoria Windle).  

Acted for the claimants in a claim for breach of an oral contract and misrepresentation, for tens of millions of Euros. Involved procedural issues relating to taking evidence abroad in the context of the Covid-19 pandemic (assisting Victoria Windle).

Acted for the claimants in a multi-jurisdictional fraud claim, against 17 separate defendants, for damages of more than $1 billion (assisting Victoria Windle).

Acted for the claimant in a claim for an injunction to restrain the defendant from breaching the terms of a framework agreement in relation to settlement of arbitration awards regarding expropriated land in Zimbabwe (assisting Victoria Windle).

Advised on whether Joint Official Liquidators are permitted to disclose information, documents, and witnesses statements to the Liquidation Committee, a non-party to the action, under Caymanian law (assisting Victoria Windle). 

Advised on potential claim against a consultant for breaches of confidence, contract, and fiduciary duties (assisting Victoria Windle).

Acted for an asset management and investment company resisting winding up petitions brought on just and equitable grounds against three investment fund companies.  The petitioner contended that serious misconduct (including conspiracy, breach of directors’ duties and charging of unlawful fees) occurred in relation to a total USD300 million investment.  The case has involved various interlocutory applications for the discharge of provisional liquidators and Court-appointed receivers over shares in the funds culminating in a six week trial (with Michael Bloch KC, Tom Weisselberg KC, Tom Mountford, and Andrew Trotter).

Acted for a shareholder seeking the discharge of a receivership order and an order to appoint joint provisional liquidators, obtained ex parte, in the context of a winding up petition which another shareholder has brought against an investment fund.  The shareholder petitioner alleged that various forms of wrongdoing (including conspiracy, breach of directors’ duties and misrepresentation) occurred in connection with a USD200 million investment.  The orders were discharged at first instance for breaches of the duty of full and frank disclosure, and this decision was upheld by the Eastern Caribbean Court of Appeal (with Andrew Hunter KC and Tom Mountford).

Acted for the claimants in a multi-jurisdictional fraud claim, against 17 separate defendants, for damages of more than $1 billion (assisting Victoria Windle).

Acted for the defendant Mr Shishkhanov in an application to set aside an order for service outside of the jurisdiction. Involved application of the Vedanta principles in relation to anchor defendants (assisting Victoria Windle).

Acted for a defendant in a claim for damages totalling more than £100 million. The claim involved allegations of fraudulent trading, breach of directors’ duties, knowing receipt, and dishonest assistance (assisting Victoria Windle).

Acted for the claimant in a claim for breach of fiduciary duty, dishonest assistance, and unlawful means conspiracy. Involved complex issues of jurisdiction under the Brussels Recast Regulation (assisting Victoria Windle).

Representing the Duke of Sussex in a challenge to the arrangements for the provision of State security when he is in the UK (with Shaheed Fatima KC, Jason Pobjoy and Gayatri Sarathy). 

Acting for a person who seeks recognition of their foreign acquired non-binary gender pursuant to s.1(1)(b) Gender Recognition Act 2004 (led by Chris Buttler KC).

Provided the Welsh Parliament with an opinion on the lawfulness of the the co-operation agreement made between the Welsh Government and Plaid Cymru (led by Lord Pannick KC).

Advised a network of educators on the Secretary of State's guidance on political impartiality in schools (led by Jude Bunting KC).

Acted for the Secretary of State in resisting a claim for judicial review seeking to challenge the Government's approach to licensing the supplementary culling of badgers in the Next Steps for the Strategy for Achieving Bovine Tuberculosis Free Status for England (assisting Hanif Mussa).

Acted for the defendant in a judicial review of the arrangements made for blind voters at the 2019 General Election (assisting Hanif Mussa).

Acted for the claimant in a judicial review challenging the lawfulness of the Government's policy for assessing the age of asylum-seekers who claim to be children (assisting Jason Pobjoy).

Acted for the Secretary of State in an appeal concerning whether the segregation of a child detained in a Young Offender Institution constituted a breach of Article 3 of the ECHR and the correct approach to international materials (assisting Jason Pobjoy).

Acted for the claimant in responding to an application to strike out on the basis that the statement of facts and grounds would impeach proceedings in Parliament contrary to Article 9 of the Bill of Rights (assisting Jason Pobjoy).

Resisted an application pursuant to s.24(1)(a) of the Arbitration Act 1996 to remove an arbitrator on the ground of bias (assisting Jason Pobjoy).

Advised a broadband provider on a prospective appeal to the CAT concerning geographic market definition (assisting Hanif Mussa).

Advised on issuing a judicial review against the Charity Commission for its alleged failure to use its statutory powers to act in respect of a school (assisting Jason Pobjoy).

Advised on the merits of a judicial review against a decision of the Parole Board of England and Wales (assisting Jason Pobjoy).

Acting for Liberty in an intervention on an appeal concerning whether and in what circumstances a Court can grant injunctive relief which binds persons who were not parties to the proceedings at the date the injunction was made. The intervention is focussed on the human rights implications of such injunctions, and particularly whether they can be compliant with Articles 8, 10, and 11 (led by Jude Bunting KC). 

Acting for a transgender man who has had significant delays in provision of his medical care (with Jude Bunting KC and Isabel McArdle).

Acting for the claimants in a judicial review of a CCG's policy to require lesbian couples to undergo 12 rounds of self-funded artificial insemination to be eligible for NHS-funded assisted conception treatment where heterosexual couples are eligible if they have not conceived through unprotected sex. The claim concerns direct discrimination, indirect discrimination, the public sector equality duty, and Article 14 ECHR (led by Jude Bunting KC).

Acted for the claimants in a judicial review challenging the Home Office's policy of seizing the mobile phones of migrants who arrive to the UK by boat (assisting Jason Pobjoy).

Acted in an appeal against the decision of the Secretary of State to order the deportation of the appellant, an EU national who was a child at the time of committing the index offence (assisting Jason Pobjoy). 

Acted for the claimant in a judicial review challenging the lawfulness of the Government's policy for assessing the age of asylum-seekers who claim to be children (assisting Jason Pobjoy).

Acted for the Secretary of State in an appeal concerning whether the segregation of a child detained in a Young Offender Institution constituted a breach of Article 3 of the ECHR and the correct approach to international materials (assisting Jason Pobjoy).

Acted for BlueCrest, a hedge fund, in a challenge to the FCA's decision to impose a penalty and a requirement to pay redress on the basis of BlueCrest's management of an alleged conflict of interest (with Javan Herberg KC and Daniel Burgess). 

Advised on the information gathering powers of the Prudential Regulation Authority (assisting Hanif Mussa). 

Acted for the defendant in a claim alleging that the interest rate variation clauses of a mortgage contract breached implied terms of the contract and were unfair pursuant to the Unfair Terms in Consumer Contracts Regulations 1999 (assisting Hanif Mussa).

Acted for the respondent to a complaint to the Financial Ombudsman Service alleging that the interest charged on a loan contract was unfair pursuant to s.140A of the Consumer Credit Act 1974 (assisting Hanif Mussa).

Acted for the Financial Services Compensation Scheme in a claim alleging that a civil liability arose as a result of misselling of an interest-only mortgage (assisting Hanif Mussa).

Advised a mortgage lender on transitioning the benchmark interest rate from LIBOR to SONIA (assisting Hanif Mussa).

Acting for a person who seeks recognition of their foreign acquired non-binary gender pursuant to s.1(1)(b) Gender Recognition Act 2004 (led by Chris Buttler KC).

Acting for a transgender man who has had significant delays in provision of his medical care (with Jude Bunting KC and Isabel McArdle).

Acting for the claimants in a judicial review of a CCG's policy to require lesbian couples to undergo 12 rounds of self-funded artificial insemination to be eligible for NHS-funded assisted conception treatment where heterosexual couples are eligible if they have not conceived through unprotected sex. The claim concerns direct discrimination, indirect discrimination, the public sector equality duty, and Article 14 ECHR (led by Jude Bunting KC).

Acted for a former teacher in a claim for disability discrimination, harassment, and victimisation. The matter settled in judicial mediation (unled).

Acted for the defendant in a judicial review of the arrangements made for blind voters at the 2019 General Election (assisting Hanif Mussa).

Acted for the respondent in a claim involving sex discrimination, sexual harassment, victimisation, and issues of worker status (assisting Diya Sen Gupta KC).

Advised the defendant on a potential appeal by the claimant of an ET decision which concerned direct and indirect sex discrimination (assisting Diya Sen Gupta KC).

Acted for the claimant in a claim against their former employer alleging unfair dismissal, direct discrimination on the grounds of sex and sexual orientation, harassment, victimisation, and whistleblowing detriment. The case settled (assisting Diya Sen Gupta KC).

Acted in an appeal against the decision of the Secretary of State to order the deportation of the appellant, an EU national who was a child at the time of committing the index offence (assisting Jason Pobjoy). 

Advised a broadband provider on a prospective appeal to the CAT concerning geographic market definition (assisting Hanif Mussa).

Acted for journalists investigating the EU border regime and the transparency of public bodies of the EU in an application to reduce the costs payable following an unsuccessful claim in the General Court (assisting Jason Pobjoy). 

Advised on whether the principles of equivalence and effectiveness apply to national rules which go beyond the minimum requirements provided for by an EU directive (assisting Jason Pobjoy).

Advised a charity on the legal status of bilateral family reunification agreements that the UK may enter into with individual EU Member States (assisting Jason Pobjoy).

Represented the Premier League in arbitral proceedings over which entities would own and/or have the ability to control Newcastle United Football Club following a takeover by an investment group led by the Public Investment Fund, the sovereign wealth fund of the Kingdom of Saudi Arabia. The case settled in October after the Premier League received legally binding assurances that the Kingdom of Saudi Arabia will not control the Club (with Adam Lewis KC and Jason Pobjoy).

Represented His Highness Sheikh Mohammed Bin Rashid Al Maktoum in an appeal of the High Court's decision that the Foreign Act of State doctrine did not prevent the Court from considering Her Royal Highness Princess Haya Bint Al Hussein's allegation that her and her solicitors' mobile phones were hacked by agents of Dubai or the UAE (assisting Jason Pobjoy).

Advised a charity on the legal status of bilateral family reunification agreements that the UK may enter into with individual EU Member States (assisting Jason Pobjoy).

Acting for the British Boxing Board of Control in a claim for direct and indirect racial discrimination and harassment (led by Nick De Marco KC).

Acted for a former teacher in a claim for disability discrimination, harassment, and victimisation. The matter settled in judicial mediation (unled).

Advised an employer on a dismissal arising out of a redundancy situation. The matter settled (unled).

Acted for the defendant Formula 1 power unit manufacturer in a garden leave dispute. The case settled in the run-up to a speedy trial (with Paul Goulding QC and George Molyneaux).

Acted for the claimant in a claim for breach of fiduciary duty, dishonest assistance, and unlawful means conspiracy. Involved complex issues of jurisdiction under the Brussels Recast Regulation (assisting Victoria Windle).

Acted for the respondent in a claim involving sex discrimination, sexual harassment, victimisation, and issues of worker status (assisting Diya Sen Gupta KC).

Acted for the appellant in an appeal concerning the extent of the Employment Tribunal’s power to make a disclosure order against a person outside Great Britain (assisting Diya Sen Gupta QC).

Advised the defendant on a potential appeal by the claimant of an ET decision which concerned direct and indirect sex discrimination (assisting Diya Sen Gupta KC).

Acted for the claimant in a claim against their former employer alleging unfair dismissal, direct discrimination on the grounds of sex and sexual orientation, harassment, victimisation, and whistleblowing detriment. The case settled (assisting Diya Sen Gupta KC).

Acting for the British Boxing Board of Control in a claim for direct and indirect racial discrimination and harassment (led by Nick De Marco KC).

Advising a transgender woman athlete in relation to eligibility with domestic and international sporting bodies (unled).

Represented the Premier League in arbitral proceedings over which entities would own and/or have the ability to control Newcastle United Football Club following a takeover by an investment group led by the Public Investment Fund, the sovereign wealth fund of the Kingdom of Saudi Arabia. The case settled in October after the Premier League received legally binding assurances that the Kingdom of Saudi Arabia will not control the Club (with Adam Lewis KC and Jason Pobjoy).