Chloë Bell

Chloë is recognised as an up and coming junior in commercial litigation and arbitration. She has significant experience as sole counsel obtaining interim injunctions in the High Court. She obtained one of the first worldwide freezing injunctions and asset preservation orders in English courts in relation to cryptoassets. She also has experience obtaining Norwich Pharmacal and Banker’s Trust orders and related orders for alternative service and service out of the jurisdiction.

Chloë sits on the Executive Committee of COMBAR.

Examples of Chloë’s recent and ongoing cases:

• Campbell Gray Hotels Ltd v The Machrie Hotel Limited (ongoing): Currently instructed as junior counsel to Tim Collingwood QC in a multi-million pound commercial court claim for a repudiatory breach of contract.
• Chechetkin v Payward Ltd (t/a Kraken) (ongoing): Successfully resisted (unled) Payward’s challenge to the jurisdiction of the English court [2022] EWHC 3057 (Ch). Instructed to challenge the enforceability of arbitrator’s award following parallel proceedings in California on the basis that it contravenes public policy pursuant to section 103 of the Arbitration Act 1996.
• Midi France Telecom SAS v Visa Europe Limited (ongoing): Instructed by Visa to challenge the law applicable to a tort claim brought in England under French law relating to overseas transaction fees.
• LCIA-DIFC Arbitration (2022): Instructed in a dispute relating to the enforceability of restrictive covenants following the termination of an employment contract.
• Farrag and Gulf Ltd v Alin (BL-2021-002017): Obtained a proprietary injunction and disclosure order in relation to the misappropriation of a luxury car.
• Lubin Betancourt Reyes (2) Custodial Management Solutions v (1)-(3) Persons Unknown (4) Tether Holdings Limited (5) Binance Holdings Limited (unreported, April 2021, London Circuit Commercial Court): Chloë acted as sole counsel and successfully obtained a worldwide freezing order and an asset preservation order against Persons Unknown together with permission to serve out of the jurisdiction and by alternative means. She also successfully obtained a Norwich Pharmacal and Banker’s Trust Order together with permission to serve out of the jurisdiction and by alternative means against D4 and D5.
• Bluewaters Communications Holdings v (1) Bayerische Landesbank Anstalt des Offentlichen Rechts (2) Bernard Charles Ecclestone and (3) Bambino Holidings Limited (2018): junior counsel in commercial court claim concerning alleged bribery in the sale Formula 1.
• Shurbanova v FX Capital markets LLC [2017] EWHC 2133: junior counsel led by Farhaz Khan. Acted for the successful defendant in a breach of contract claim. The Court accepted FXCM’s defence that the claimant’s profitable trades were the result of market abuse and ‘front running’.

Chloë has a busy financial services practice acting for both regulators and private clients. She spent 3 months on secondment in the General Counsel’s Division at the Financial Conduct Authority in 2019. During this period of time she gained significant insight into a wide range of financial services matters from the regulator’s perspective.

Chloë has experience of large-scale financial services enquiries as well as acting for regulators in their enforcement capacity. She has acted as counsel for Lloyd’s of London in a number of enforcement cases.

Examples of Chloë’s recent cases:

• Group claims against crypto exchanges (ongoing) Chloë is instructed by a number of groups of claimants bringing claims for breach of FSMA 2000 and FCA Handbook rules by crypto exchanges for providing financial products to investors in breach of the general prohibition and rules on financial promotions.
• Large-scale regulatory inquiry into non-financial misconduct (ongoing): Chloë is currently junior counsel to Farhaz Khan KC in a large scale inquiry by a regulator into non-financial misconduct by firms and individuals.
• The Lloyd’s Enforcement Board v Atrium Underwriters (2022): Chloë was instructed by Lloyd’s of London led by Farhaz Khan KC in Lloyd’s first ever enforcement proceedings for non-financial misconduct. The proceedings resulted in the largest ever fine being issued to a firm by the regulator: https://www.bbc.co.uk/news/business-60767614.
• The Lloyd’s Enforcement Board v Mr Gregory White (2021): Chloë acted as sole counsel for Lloyd’s of London which successfully brought enforcement proceedings against Mr Gregory White (a private client director at Hampden Agencies Ltd) for discreditable conduct due to his involvement in the facilitation of loans between members of the Society who were clients of his employer in return for commission payments.
• Murphy and others v Lloyd’s Bank plc: junior counsel led by Farhaz Khan concerning consequential losses and the mis-selling of a swap by Lloyd’s bank. Settled before trial.
• Shurbanova v FX Capital markets LLC [2017] EWHC 2133: junior counsel led by Farhaz Khan. Acted for the successful defendant in a breach of contract claim. The Court accepted FXCM’s defence that the claimant’s profitable trades were the result of market abuse and ‘front running’.
• Advisory work: Chloë regularly advises clients on financial services law. She has advised clients on the mis-selling of pensions products and on the effects of a restitution order under section 382 of FSMA for the liquidators of an insolvent company.

Chloë is a Band 1 ranked barrister in the law of cryptoassets:

“She really understands the law and technical aspects of the crypto space, a fantastic resource in this area”

“Chloë is responsive and has an excellent, modern-Bar client manner”

“She is really bright, hard-working and easy to work with”

She is one of very few barristers with real expertise in this area.

She obtained one of the first comprehensive set of injunctions in relation to cryptoassets in the English courts and is currently instructed in a seminal case relating to the enforceability of arbitration clauses in the terms of service of a crypto exchange and has already successfully resisted the exchange’s challenge to the jurisdiction of the English High Court: Chehcetkin v Payward Ltd [2022] EWHC 3057 (Ch). This is also the first claim brought by an investor under FSMA 2000 against a cryptocurrency exchange.

In her role on the Attorney General’s Civil Panel of barristers Chloë also advises HMRC on the situs of crypto assets for capital gains tax purposes.

Chloë also has a wide advisory practice relating to all aspects of the law and regulation of cryptoassets.

She also has a keen academic interest in issues relating to digital assets and smart contracts. She has written and lectured widely on a range of topics relating to cryptoassets and smart contracts. She sits on the steering committee of the Tech Disputes Network and co-ordinated COMBAR and the Chancery Bar Association’s response to the Law Commission’s consultation on digital assets.

Examples of Chloë’s recent work:

• Group claims against crypto exchanges (ongoing) Chloë is instructed by a number of groups of claimants bringing claims for breach of FSMA 2000 and FCA Handbook rules by crypto exchanges for providing financial products to investors in breach of the general prohibition and rules on financial promotions.
• Ellis v Digit Europe Limited (Company No. 12340858) (CL-2021-000753) Junior counsel for a defendant in one of the first contested injunction return dates involving allegations of a multi-million pound cryptocurrency fraud. In a last minute change of position the claimant agreed to withdraw its application against Chloë’s client and to discontinue the claim against it.
• Mr Dollar Bill v Huobi Global
• Lubin Betancourt Reyes (2) Custodial Management Solutions v (1)-(3) Persons Unknown (4) Tether Holdings Limited (5) Binance Holdings Limited (unreported, April 2021, London Circuit Commercial Court): Chloë acted as sole counsel and successfully obtained a worldwide freezing order and an asset preservation order against Persons Unknown together with permission to serve out of the jurisdiction and by alternative means. She also successfully obtained a Norwich Pharmacal and Banker’s Trust Order together with permission to serve out of the jurisdiction and by alternative means against D4 and D5. The case concerned the misappropriation of USD Tether by Persons Unknown.
• MCDL v HSBC (2021): Chloë is currently instructed to seek remedies against HSBC before the Financial Ombudsman Service relating to an authorised push payment fraud (APP). The fraud arose due to an individual on Tinder scamming the victim into investing over £250,000 in cryptoassets using an investment app.
• Andrew Schober v Persons Unknown and others (2021): Chloë advised an American citizen on his prospects of bringing proceedings in the UK jurisdiction for misappropriation of c US$1,000,000 worth of bitcoin. She continues to act as a consultant in proceedings which are currently on foot in the US.

Chloë is a Band 4 ranked pensions barrister (Chambers and Partners 2023) and a Rising Star (Legal 500):

“She is very strong both technically and strategically”

“Chloë is bright, hard-working, pragmatic and easy to work with”

“A very clever and hard-working junior”

“Chloë is one to watch as an up-and-coming junior. Extremely clever, hardworking and is working at a level beyond her year of call”.

Her pensions practice includes a number of matters before domestic courts and tribunals as well as international courts.

Chloë has experience in a wide range of pensions matters including cases raising issues of equalisation, rectification, professional negligence, construction of trust documents, Courage fetters, section 75 debts and Pensions Ombudsman proceedings.

Examples of Chloë’s recent cases:

• Trustees of the Leggett & Platt Pension Assurance Scheme (2022): junior counsel to Farhaz Khan KC in a professional negligence claim relating to the closure of a scheme and the preservation of the final salary link.
• Re Atos Railways Pension Scheme (2021): previously junior counsel in a Part 8 claim raising issues of construction of the Railways Pension Scheme established under the Railways Act 1993.
• Re LMPA (2021): junior counsel to Richard Hitchcock QC in a rectification claim relating to the closure of a defined benefit scheme to future accrual.
• Mr Robin Phillips & 69 Others v Edwards Limited (2020): junior counsel to Richard Hitchcock QC and Lydia Seymour in a case concerning the scope of the exclusion of pension rights transferring under the TUPE Regulations and its interaction with redundancy benefits contained in a pension scheme. Settled before trial.
• Briggs & ors v Clay & ors (2019): junior counsel to Ben Hubble QC and Saaman Pourghadiri in a £60,000,000 multi-party professional negligence claim listed for an 8-week trial arising from the judgment of Newey J in Re Gleeds [2014] EWHC 1178 (Ch). Settled on day one of trial.
• C-171/18 Safeway v Newton & Ors EU:C:2019:839: junior counsel to Andrew Short QC and Michael Uberoi in the Court of Justice of the European Union (Luxembourg) concerning the retrospective levelling down and equalisation of pension benefits.
• Various advisory matters: Chloë regularly provides advice on a range of pension matters, including government pension schemes.

Chloë gained vast experience in public law matters at the highest level as a judicial assistant at the UK Supreme Court.

Since returning to chambers she has been appointed by the Attorney General to the C Panel of Civil Counsel.

Chloë has particular interest in cases with a European or international element due to her experience at the Court of Justice at the European Union. She has had her academic work on the legal recognition of same-sex marriage in the EU cited by the Court of Justice of the European Union:

• C Bell and N Bačić Selanec ‘Who is a “spouse” under the Citizens’ Rights Directive? The prospect of mutual recognition of same-sex marriages in the EU’ (2016) European Law Review 655-686, cited with approval by AG Wathelet in C-673/16 Coman EU:C:2018:2, paragraph 80.

Examples of Chloë’s cases:

• SSWP v Mr RP (2021): Chloë acted as sole counsel for the SSWP. She successfully obtained a final anti-harassment injunction against Mr RP and an order for service by alternative means.
• C-624/19 Tesco Stores EU:C:2019:624 (2021): junior counsel to Keith Bryant QC, Naomi Cunningham and Stephen Butler in a case before the Court of Justice of the European Union concerning whether the principle of equal pay for male and female workers can be relied upon directly in respect of ‘equal work’ and ‘work of equal value’.
• Lee v Ashers Baking Co Ltd [2018] UKSC 49: assisting Sarah Crowther QC as a pupil and separately as a judicial assistant, concerning the right of a bakery to refuse to bake a cake with the slogan ‘support gay marriage’.
• In the Matter of an Application by the Northern Ireland Human Rights Commission of Judicial Review (Northern Ireland)[2018] UKSC 27: as a judicial assistant, concerning the law of abortion in Northern Ireland and whether it was incompatible with Articles 3, 8 and/or 14 ECHR
• R (on the application of Black) v Secretary of State for Justice [2017] UKSC 81: as a judicial assistant, concerning the application of the smoking ban in prisons.
• R (on the application of Tag Eldin Ramadan Bashir and others v Secretary of State for the Home Department [2018] UKSC 47: as a judicial assistant, concerning the application of the Refugee Convention to refugees residing in UK Sovereign Base Areas in Cyprus.