Joyce Arnold

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Joyce Arnold

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Joyce Arnold

Call 2014

Joyce is recommended as a ‘Rising star’ by Legal 500 for Commercial Litigation and is also recommended by Chambers and Partners. She has a broad commercial practice in a wide range of chambers’ practice areas, and particular experience in taking complex, high-value cases to trial. She is currently acting in ENRC v Serious Fraud Office, one of The Lawyer’s top 20 cases of 2021. Joyce enjoys working as sole counsel or as part of a larger team. She is a member of the Attorney General's C Panel of Counsel. 

Recent and current instructions include:

  • Stichting Vestia v BNP Paribas SA
    Led by Sonia Tolaney KC and James MacDonald KC, Joyce acts for BNPP in this >€300 million claim, in which Vestia alleges that derivative transactions it entered into with BNPP were ultra vires and/or procured by bribery. BNPP also counterclaims against Vestia.

  • ENRC v Serious Fraud Office
    Led by Simon Colton KC and James Segan KC, Joyce is acting for the SFO in this high-profile claim.

  • British Gas Trading v (1) Shell (2) Esso
    Led by John McCaughran QC, Joyce acted for Shell at the first instance trial of preliminary issues [2019] EWHC 1735 (Comm) and in the subsequent appeal [2020] EWCA Civ 2349. Shell and Esso were successful at first instance in dismissing BGT’s claim; while the Court of Appeal allowed BGT’s appeal on one aspect of that judgment, it also allowed Shell and Esso’s cross-appeal on damages, finding that BGT had suffered no loss.

  • SDI Retail Services Limited v Rangers Football Club Limited
    Over the past five years, Joyce has done substantial work for SDI, a subsidiary of Sports Direct, in its disputes with Rangers FC over the commercial exploitation of Rangers replica kit and branded products. Judgments include [2019] EWHC 1929 (Comm), [2018] EWHC 2772 (Comm) (on-going Part 7 proceedings) and [2019] EWHC 591 (Comm) (Part 8 proceedings).
  • Examples of Recent Cases

    • Arbitration

      Joyce's recent arbitration experience includes three high-value arbitrations around force majeure clauses in long-term gas contracts. She has also worked on a number of smaller arbitrations, including one concerning the construction of a commission agreement for investment advisors and another on the construction of a shareholders' agreement for a technology company in Eastern Europe.

      As to work on the Arbitration Act 1996, Joyce was led by Sa'ad Hossain QC in Haven v Elephant [2018] EWCA Civ 2494, in which they successfully resisted an appeal concerning section 12(3)(a) of the 1996 Act, the Court of Appeal upholding the decision of the first instance judge to grant their client an extension of time to refer its dispute to arbitration.

      Joyce was also led by Simon Colton in advising on, and bringing, challenges to an arbitral award under both section 68 and section 69 of the Act. They were successful in a section 68 challenge and subsequently advised on remittance of the relevant section of the award and associated procedural issues.

      Joyce has also successful resisted a section 69 appeal and advised on the removal of arbitrators under section 24 of the 1996 Act.

       

      Other experience include:

      • UNCITRAL proceedings
        Acting (with Claire Blanchard QC, Michelle Menashy and Conall Patton) in large-scale arbitration proceedings concerning contracts for the delivery of natural gas.
      • Assisted Conall Patton in an LCIA arbitration (London seat) between an African telecoms company and a former fundraiser.
    • Banking and Financial Services

      • Stichting Vestia v BNP Paribas SA
        Led by Sonia Tolaney KC, Joyce acts for BNPP in this >€300 million claim, in which Vestia alleges that derivative transactions it entered into with BNPP were ultra vires and/or procured by bribery. BNPP also counterclaims against Vestia.
      • Lehman Brothers Special Financing Inc. v (1) NPC and (2) PSALM [2018] EWHC 487(Comm)
        Acted (led by Sa’ad Hossain QC) for LBSF in its claim for a Close-out Amount under the 2002 ISDA Master Agreement. Knowles J, in the first detailed judicial consideration of the 2002 ISDA Close-out provisions, accepted LBSF’s submissions that the 2002 ISDA, unlike the 1992 ISDA, required an objectively reasonable Close-out Amount.
    • Civil Fraud and Investigations

      • ENRC v Director of the Serious Fraud Office
        Led by Simon Colton KC and James Segan KC, Joyce is acting for the SFO in this high-profile claim, which is being heard in a 12-week trial from May 2021.
      • Spartan litigation
        Acted (led by Sa'ad Hossain QC and Jamie Goldsmith) in high-value and complex litigation surrounding an investment company.
      • BDW v Fitzpatrick
        Acted (led by Daniel Toledano QC) for the claimant construction company in a bribery claim against a former employee.
    • Commercial Litigation

      • SDI Retail Services Limited v Rangers Football Club Limited
        Over the past five years, Joyce has done substantial work for SDI, a subsidiary of Sports Direct, in its disputes with Rangers FC over the commercial exploitation of Rangers replica kit and branded products. Judgments include [2019] EWHC 1929 (Comm), [2018] EWHC 2772 (Comm) (on-going Part 7 proceedings) and [2019] EWHC 591 (Comm) (Part 8 proceedings).
      • British Gas Trading v (1) Shell (2) Esso
        Led by John McCaughran QC, Joyce acted for Shell at the first instance trial of preliminary issues [2019] EWHC 1735 (Comm) and in the subsequent appeal [2020] EWCA Civ 2349. Shell and Esso were successful at first instance in dismissing BGT’s claim; while the Court of Appeal allowed BGT’s appeal on one aspect of that judgment, it also allowed Shell and Esso’s cross-appeal on damages, finding that BGT had suffered no loss.
      • BGC Brokers LP v Tradition (UK) Ltd [2019] EWCA Civ 1937
        Led by Sa’ad Hossain QC, Joyce (who had not appeared below) acted as independent counsel in successfully resisting this second appeal, which raised questions of how without prejudice privilege and litigation privilege apply to pre-settlement communications incorporated into a settlement agreement.
      • Re Tradeouts Ltd
        Successfully defended (led by Sa’ad Hossain QC) BCA Trading Limited from a £21.5 million unfair prejudice petition brought by a fellow shareholder in Tradeouts Limited. The petition made wide-ranging allegations of bad faith, breach of contract and breach of directors’ duties against BCA and its nominated directors on the Tradeouts board. All allegations were comprehensively dismissed following a 12-day trial.
      • Lehman Brothers Special Financing Inc. v (1) NPC and (2) PSALM [2018] EWHC 487(Comm)
        Acted (led by Sa’ad Hossain QC) for LBSF in its claim for a Close-out Amount under the 2002 ISDA Master Agreement. Knowles J, in the first detailed judicial consideration of the 2002 ISDA Close-out provisions, accepted LBSF’s submissions that the 2002 ISDA, unlike the 1992 ISDA, required an objectively reasonable Close-out Amount.
      • Search order
        Obtained a search order against a consultancy company's former employee and his new employer (led by David Cavender KC).
      • Signature Global Ltd v Elite Performance Cars Ltd
        Acted for the claimant in an action arising out of non-delivery of several luxury cars, cumulatively worth around £500,000.
    • Company and Insolvency

      • Re Tradeouts Ltd
        Successfully defended (led by Sa’ad Hossain QC) BCA Trading Limited from a £21.5 million unfair prejudice petition brought by a fellow shareholder in Tradeouts Limited. The petition made wide-ranging allegations of bad faith, breach of contract and breach of directors’ duties against BCA and its nominated directors on the Tradeouts board. All allegations were comprehensively dismissed following a 12-day trial.
      • SDI Retail Services Limited v King and others [2017] EWHC 737 (Ch)
        Obtained (led by Richard Hill QC)  permission for SDI to continue a derivative claim brought on behalf of Rangers Retail Limited against two directors of Rangers Retail and Rangers FC. Joyce appeared by herself for SDI against a silk at the heavily-contested consequentials hearing.
    • Energy and Natural Resources

      • British Gas Trading v (1) Shell (2) Esso
        Led by John McCaughran QC, Joyce acted for Shell at the first instance trial of preliminary issues [2019] EWHC 1735 (Comm) and in the subsequent appeal [2020] EWCA Civ 2349. Shell and Esso were successful at first instance in dismissing BGT’s claim; while the Court of Appeal allowed BGT’s appeal on one aspect of that judgment, it also allowed Shell and Esso’s cross-appeal on damages, finding that BGT had suffered no loss.
      • UNCITRAL proceedings 
        Acting (with Claire Blanchard QC, Michelle Menashy and Conall Patton) in large-scale arbitration proceedings concerning contracts for the delivery of natural gas.
      • Haven Power Ltd v Fresh to Store Ltd
        Acted for the claimant in a £120,000 claim under a contract deemed by the Electricity Act 1989.
    • Injunctions

      • SDI Retail Services Limited v Rangers Football Club Limited
        As part of her work for SDI, Joyce (led by Sa’ad Hossain QC) obtained urgent final injunctions for SDI against Rangers FC, which prohibited it from performing a contract it had entered into with a third party in breach of its contract with SDI: [2018] EWHC 2772 (Comm).
      • Search order
        Obtained a search order against a consultancy company's former employee and his new employer (led by David Cavender QC).
  • What the Directories Say

    Chambers & Partners 2024 (Commercial Dispute Resolution) "Joyce provides great analysis of complex problems and demonstrates skill beyond her years of call." "Her attention to detail and grasp of the facts in a case are amazing."

    Chambers and Partners 2023 (Commercial Dispute Resolution) "Joyce is just incredibly intelligent. She has such a good sense of where the argument is going to go and really rolls up her sleeves and jumps into the trenches with solicitors." "Joyce has an excellent court manner and is very measured and effective."

    Chambers and Partners 2022 (Commercial Dispute Resolution) "Has a first-class intellect and is a real fighter." "She really cuts through the issues and is very bright, down to earth and willing to roll her sleeves up." 

    Legal 500 2021 (Commercial Litigation) "She has a brain the size of a planet but worn extremely lightly - A real team player, solicitors would be lost without her."

    Chambers and Partners 2021 (Commercial Dispute Resolution) "She is thorough, bright, hard-working and a real team player who goes above and beyond." "Her attention to detail is excellent; she cuts through difficult documents and gets right to the core of the key issues." 

    Legal 500 2020 (Commercial Litigation) "Joyce has a brain the size of a planet. She has an incisive mind and is a tenacious courtroom operator. She is always on top of her subject matter, no matter how complex."

  • Other Experience

    Joyce takes a particular interest in diversity in recruitment to the bar, and is a member of Chambers’ Equality and Diversity Committee. She is also an active member of FreeBar, an organisation promoting inclusion and support for LGBT+ people who work for and at the Bar.

  • Education

    • Yale College: Bachelor of Arts, Double Major in Classics (Greek) (Intensive) and History (Distinction in Classics) [2006-2010]
    • City University: GDL (Distinction) [2011-2012]
    • Kaplan Law School: BPTC (Very Competent) [2013 – 2014]
  • Other Academic Achievements

    • Lord Diplock Scholarship, Middle Temple (BPTC Major Scholarship)
    • Jules Thorn Scholarship, Middle Temple (GDL Major Scholarship)
    • Winner, Rosamund Smith Mooting Competition (2014)
    • Middle Temple Winner, Inter-Inns Debating Competition (2012)
    • Yale University: Bristed Scholarship [2008] and Hugh Chamberlain Prize [2007]

Latest

View all news featuring Joyce Arnold


ENRC v Dechert, Mr Gerrard, and the SFO (the “Phase 1A Judgment”)

Judgment in the Phase 1A Trial, heard over two weeks in March 2023, was handed down on 22 December 2023...

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One Essex Court featured in 7 of The Lawyer’s Top 20 Cases of 2023

One Essex Court is delighted that 18 members of chambers are involved across 7 of the cases featured in...

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High Court hands down judgment on liability in the joined cases of ENRC v (1) Dechert (2) David Neil Gerrard and ENRC v The Director of the Serious Fraud Office

On 16 May 2022, Mr Justice Waksman handed down judgment in the joined cases of ENRC v (1) Dechert LLP...

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