Lottie Pyper Called to the Bar 2017
Lottie joined South Square as a tenant in October 2018.
She has experience of all of Chambers’ core areas of practice, including domestic and cross-border insolvency, restructuring, banking and finance, company law, commercial litigation, offshore and bankruptcy.
Lottie frequently attends hearings in the High Court and the County Court. She has acted as sole counsel in numerous applications made under the Insolvency Act 1986, including both corporate and personal insolvency.
Lottie has particular experience of schemes of arrangement. She appeared as junior counsel for the company in Noble Group Limited  EWHC 2911 (Ch) and  EWHC 3092 (Ch); for both companies in NN2 Newco Limited; Politus B.V.  EWHC 1917 (Ch) and  EWHC 2532 (Ch); and is currently assisting with the solvent scheme of arrangement and Part VII transfer proposed by The Equitable Life Assurance Society.
Other recent instructions as junior counsel include: appearing in an application made by Welcome Financial Services Limited; advising on the restructuring of Steinhoff International Holdings NV; advising an insurance company about servicing its EU business after Brexit and acting for an offshore regulator in an application in relation to Solvency II.
Between April 2019 and July 2019 Lottie completed a secondment at Freshfields Bruckhaus Deringer LLP.
Lottie holds a First Class degree in English Literature from Oxford University and a Distinction on the Graduate Diploma in Law from City University. She was called to the Bar as a Bedingfield Scholar, Gray’s Inn’s most prestigious award.
Lottie has extensive experience of insolvency and restructuring. By way of example:
- Re NN2 Newco Limited; Politus B.V.  EWHC 1917 (Ch) and  EWHC 2535 (Ch): junior counsel for both companies in the schemes of arrangement proposed as part of the wider restructuring of the Nyrstar Group (led by Daniel Bayfield QC and Georgina Peters).
- Re Noble Group Limited  EWHC 2911 (Ch) and  EWHC 3092 (Ch): junior counsel in the scheme of arrangement convened and sanctioned by Snowden J (led by William Trower QC and Henry Phillips).
- Re Sprout Land Holdings Limited (In Administration)  EWHC 806 (Ch) and  EWHC 807 (Ch); sole counsel for the joint administrators in an application contesting the validity of the administrators’ appointment.
- Welcome Financial Services Limited: junior counsel in an application made in anticipation of placing the company into creditors’ voluntary liquidation (led by David Allison QC).
- The Equitable Life Assurance Society: instructed to assist the company with its proposed scheme of arrangement and Part VII insurance business transfer.
- Re Maartik Limited: sole counsel for the petitioning creditor in a contested application to move the company from voluntary to compulsory liquidation.
- Gas and Electricity Markets Authority v Extra Energy Supply Limited: sole counsel for the company in Ofgem’s urgent application for a declaration that the company was insolvent.
- Re Lehman Brothers International (Europe) (in Administration)  EWHC 1980 (Ch): scheme of arrangement to determine claims for statutory interest and enable the distribution of surplus assets (assisting David Allison QC and Adam Al-Attar).
- Re Agrokor d.d.  EWHC 348: meaning of ‘final determination’ in the context of the CBIR recognition of the insolvency of Croatia’s largest private company (assisting Tom Smith QC and William Willson).
- Re OJSC International Bank of Azerbaijan  BPIR 837; whether the moratorium imposed following the company’s CBIR recognition should be lifted pending the appear of that recognition (assisting Gabriel Moss QC and Richard Fisher).
- Re MF Global UK Limited (in special administration)  BPIR 1096 and  BPIR 1142: whether a material change to the state of disputed claims after the CVA should preclude it from becoming effective (assisting Daniel Bayfield QC and Adam Al-Attar).
- Re SHB Realisations Ltd  Bus. L.R. 1173: whether certain aspects of the BHS CVA contravened the penalty rule and were, therefore, unenforceable (assisting Stephen Robins).
- Drafted skeleton argument for a hearing resisting an application for an injunction to restrain presentation of a winding up petition on the basis that a debt of other £140m was not disputed (assisting Tom Smith QC and William Willson).
- Drafted skeleton argument for a hearing seeking an injunction to restrain presentation of a winding up petition on the basis that there was a disputed debt of approximately £900,000 (assisting Marcus Haywood).
- Drafted advice on the impact of the EU Insolvency Regulations on the disclaimer of various leases by an insolvent European company (assisting Tom Smith QC).
- Re Lehman Brothers: drafted advice on the ranking of different tranches of subordinated debt (assisting Richard Fisher).
- Drafting a skeleton argument seeking an order for examination under section 236 of the insolvency Act 1986 (assisting Marucs Haywood).
- Re Acal Underwriting Ltd  EWHC 489 (Ch): drafted skeleton argument seeking the dismissal of a winding up petition against the company, the termination of its provisional liquidation and the approval of the joint provisional liquidators’ remuneration (assisting Richard Fisher).
- Drafted particulars of claim and witness statement on behalf of the liquidator seeking to recover assets under sections 212 and 239 of the Insolvency Act 1986 (assisting Adam Al-Attar).
Lottie has assisted with a number of banking and finance cases, including:
- Lloyds Bank Plc v Morris: advised Lloyds Bank Plc on the merits of a defence denying liability under a personal guarantee.
- Comm-pact v Lloyds Bank plc: drafted a defence to a claim for breach of mandate (assisting Stephen Robins).
- Deutsche Trustee v Bangkok Land: drafted a research note relating to part-payment and acknowledgement of a debt under section 29 of the Limitation Act 1980 (assisting Stephen Robins).
- Drafted particulars of claim in derivatives litigation concerning the construction of the ISDA master agreement (assisting Richard Fisher).
- Drafted advice on the beneficial ownership of money held in margin trading accounts and the application of the Client Money Rules (assisting Adam Al-Attar).
- Research note on damages arising from the failure of the issuer to deliver up shares following the exercise of conversion rights in convertible bonds (assisting Georgina Peters).
Lottie has assisted in various commercial cases, including:
- Tchenguiz v Grant Thornton: assisted with drafting skeleton arguments on behalf of the BVI defendants (assisting David Allison QC and Henry Philips).
- African Minerals Limited v TIOT: drafted Request for Further Information and research note on obtaining an anti-suit injunction on the basis of a non-exclusive jurisdiction clause (assisting Stephen Robins).
- Drafted advice on whether valid demands had been made on performance bonds (assisting Georgina Peters).
- Drafted particulars of claim seeking payment arising from an unsatisfied demand on a performance bond (assisted Adam Al-Attar).
Lottie has assisted in a variety of company law matters, including:
- Advised an insurance company about servicing its EU obligations after Brexit (led by William Trower QC).
- The Equitable Life Assurance Society: advised on various matters relating to company meetings.
- Abbhi v Edwardian Group Limited: drafted a skeleton argument seeking an order pursuant to section 125 of the Companies Act 2006 to rectify the register of members (assisting Stephen Robins).
- Drafted advice on whether a restructuring effected by a share sale amounted to unfairly prejudicial conduct and/or a transaction defrauding creditors (assisting Georgina Peters).
- Drafted advice on the lawfulness of dividends declared pursuant to an invalid solvency statement (assisting William Willson).
- Assisted with preparations for a five day trial regarding breach of directors’ duties and unlawful dividend payments (assisting Richard Fisher).
Lottie is familiar with the legal framework of various offshore jurisdictions. Example of her offshore work include:
- Elite Insurance Company Limited: instructed by the Gibraltar Financial Services Commission in its application in relation to an insurance company that had failed to meet the regulatory requirements under Solvency II (led by Tom Smith QC).
- Primeo v HSBC: prepared various research notes to assist with preparations for an appeal in the Cayman Islands in claims arising from the Madoff fraud (assisting William Wilson and Toby Brown).
- Research note relating to the statutory role of liquidators in the British Virgin Islands (assisting David Allison QC and Henry Philips).
- Research note on whether a non-Cayman Islands incorporated company can be liquidated in that jurisdiction.
- Research note on what happens to unclaimed distributions to shareholders following a liquidation under British Virgin Islands insolvency legislation (assisting Gabriel Moss QC).
- Case comment on Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd; Cannon Corporate Limited v Primus Build Limited  EWCA Civ 27, International Corporate Rescue (forthcoming).
- Case comment on Lehman Brothers Australia Limited (in liquidation) v Lomas  EWHC 2783 (Ch), International Corporate Rescue Volume 16, Issue 3.
- Case comment on Orexim Trading Limited v Mahavir Port and Terminal Private Limited  EWCA Civ 1660, International Corporate Rescue, Volume 16, Issue 2.
- “The Corporate Insolvency Framework Review: A New UK Rescue Culture?” (with Mark Philips QC), South Square Digest, October 2018.
|2017||Called to the Bar of England and Wales|
|2015-2016||City University, Graduate Diploma in Law, Distinction|
|2012-2015||New College, Oxford University, BA (Hons) English Literature, First Class|
- 2016 Bedingfield Award (Gray’s Inn)
- 2016 Postgraduate Scholarship (City University)
- 2015 CPE Award (Gray’s Inn)