Ella Vacani

Ella has experience in a broad range of insolvency litigation and Ella regularly appears on behalf of creditors, debtors and office holders alike in relation to both corporate and personal insolvency. Ella is able to act and advise on all stages of winding up and bankruptcy including CVAs and IVAs, administrations, applications to set aside statutory demands, claims against directors, transactional avoidance (including TUVs and preferences), and rescission applications.

Ella is currently acting as sole counsel in a number of long-running misfeasance and preference claims. She has also developed a particular niche in representing trustees in bankruptcy as intervenors in divorce proceedings.

Recent cases include:

• Acting for company liquidators in a number of misfeasance and preference claims against former company directors.
• Successfully obtaining an order for possession and sale of a bankrupt’s property and overcoming allegations from the bankrupt’s spouse that she had obtained an enhanced interest in those properties.
• Successfully obtaining orders from the Family Court which declared that a number of assets were vested in the husband’s trustee in bankruptcy and which ordered their delivery up to the trustee.
• Successfully opposing a company’s attempt to have a winding up petition dismissed on the grounds that the CIGA 2020 coronavirus test was not met and obtaining costs against the company.
• Acting for company liquidators in interlocutory proceedings in relation to high-value misfeasance proceedings against a former director and obtaining a costs order against the director which prompted settlement shortly afterwards.
• Successfully obtaining extensions of the administrations of a property development company in the face of opposition from some creditors.
• Successfully obtaining the annulment of a bankruptcy in circumstances where there were significant HMRC debts
• Acting in proceedings to fix a trustee’s remuneration.
• Regularly appearing in the winding up court.

Property work forms a significant part of Ella’s practice and she accepts instructions across the full spectrum of property work.

Ella works on matters which include issues of registration of title, trusts of land (including implied, resulting and constructive trusts), easements (including rights of way), restrictive covenants, boundary disputes and mortgages and the enforceability of charges. She also acts and advises on agricultural matters and has appeared in the First-Tier Tribunal to that effect.

Ella regularly represents both commercial and residential landlords and she is very familiar with possession claims. Ella is also able to advise and act in relation to business lease renewals, breach of covenant, dilapidations and service charge disputes.

Ella had a recent notable success at trial when she defended a claim of adverse possession and obtained an order for possession forthwith, damages for trespass and indemnity costs. Permission to appeal was very recently refused and Ella is now advising on the enforcement stage.

Recent cases include:

• Successfully obtaining an order for possession of property after a three day trial principally concerned with a claim of adverse possession and obtaining damages for trespass and indemnity costs.
• Regularly acting in proceedings concerning orders for sale under TOLATA 1996 including in court and at mediation.
• Advising on an easement dispute with particularly complex issues as to whether an interference constituted an actionable interference.
• Appearing in the First-tier Tribunal (Property Chamber) Agricultural Land and Drainage in relation to issues of variations of an agricultural tenancy.
• Acting in possession proceedings and advising on the applicability of the Covid-related stays on possession proceedings.

Ella acts and advises in a wide range of commercial disputes. Ella is able to advise on contractual matters including issues of contractual construction and interpretation as well as tortious and equitable claims arising from a full variety of commercial disputes.

Ella regularly acts as sole counsel on commercial disputes through to trial. For example, she is currently acting for a well-known sports club in respect of a significant claim for breach of contract, defending against allegations of COVID-19 related force majeure and frustration arguments.

Ella is also comfortable being led on larger matters. At present, Ella is being led by Stephen Davies QC, as his sole junior, in a significant claim seeking to set aside a settlement deed on the grounds of implied fraudulent misrepresentation.

Ella also accepts instructions relating to sale of goods and provision of services. She has acted both for individuals and companies in this respect. Recently, Ella succeeded at trial in relation to claims brought against a major kitchen manufacturer and obtained indemnity costs in their favour.

Recent Cases include:

• Acting, as sole counsel, for a well-known sports club in respect of a significant breach of contract claim which raises allegations of COVID-19 force majeure and frustration arguments.
• Appearing in the High Court unled for a director-shareholder in a claim for the just and equitable winding up of a company.
• Successfully defending a number of claims, at trial, of defective workmanship and obtained indemnity costs upon dismissal.
• Appearing in the High Court on interlocutory hearings in relation to a claim to set aside a settlement deed on the grounds of implied fraudulent misrepresentation.
• Defending a company from a substantial claim for non-payment of invoices in respect of a high-cost software subscription which had lapsed: successful pursuit of an interlocutory application resulted in the claim being discontinued.
• Acting at trial in a case relating to a well-known multi-level marketing company.
• During pupillage, Ella was involved in a multi-million pound claim relating to the mis-selling of an overseas property development.

Ella accepts instructions in all areas of company law. Ella is able to assist in relation to shareholders disputes, claims against directors, the tracing of assets and applications relating to the Companies Register.

There is a significant overlap between Ella’s insolvency and commercial practices and her company practice as Ella often acts for office holders in relation to claims of transactions at undervalues, preferences and misfeasance.

Recent cases include:

• Acting and advising in relation to a claim for bona vacantia property following the dissolution of company.
• Acting in a claim which involved allegations of breach of legitimate expectation pursuant to an alleged quasi-partnership with a former family friend.

• Acting in interlocutory proceedings in relation to high-value misfeasance proceedings by company liquidators against a former director and obtaining a costs order against the director which prompted settlement shortly afterwards.
• During pupillage Ella assisted in high-value litigation concerning competing claims to company property across a large group of family companies spread across multiple jurisdictions.

Ella welcomes instructions in all areas of wills, trusts and probate, including both the formal and the substantive validity of wills including claims under the Inheritance (Provision for Family and Dependants) Act 1975. Ella is comfortable advising in matters involving complex and difficult family relationships and is able to assist at any stage in proceedings, from initial advice and drafting to representation in front of the Chancery Division.

Recent cases include:

• Advising and acting in a claim for reasonable financial provision under the 1975 Act on behalf of a spouse.
• Advising and acting in relation to a claim contesting a will on the grounds of duress and undue influence, involving difficult evidential issues in relation to historic domestic abuse.
• Successfully obtaining the removal and replacement of an executor in circumstances where the executor had failed to adequately deal with the proper administration of the estate.

• Advising trustees / personal representatives on issues arising from conflicting interpretations and constructions of mirror wills.
• Advising beneficiaries in respect of the exercise of Saunders v Vautier powers.