Bio
Hannah Tildesley is a partner in the Dispute Resolution team in the Bermuda office of Appleby.
Hannah specialises in international commercial litigation, with a particular focus on banking and funds litigation, director and shareholder disputes and contentious trust disputes. Many of the matters in which she is instructed are multi-jurisdictional and frequently involve complex cross-border issues and conflict of laws. She often works alongside leading on-shore law firms and barristers. Hannah also advises on the litigation aspects of corporate deals, including governance issues, director duties and enforcement and insolvency considerations.
Hannah is an experienced advocate. She has acted in various applications before the Supreme Court of Bermuda. Before moving to Bermuda, Hannah appeared in a variety of trials and applications before the English High Court and County Courts. She also appeared as sole counsel for the Respondent before the English Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269.
She undertook pupillage at, and later practised as a tenant from, St Philips Chambers in commercial and regulatory law, before joining Appleby in 2017.
Bio
Hannah Tildesley is a partner in the Dispute Resolution team in the Bermuda office of Appleby.
Hannah specialises in international commercial litigation, with a particular focus on banking and funds litigation, director and shareholder disputes and contentious trust disputes. Many of the matters in which she is instructed are multi-jurisdictional and frequently involve complex cross-border issues and conflict of laws. She often works alongside leading on-shore law firms and barristers. Hannah also advises on the litigation aspects of corporate deals, including governance issues, director duties and enforcement and insolvency considerations.
Hannah is an experienced advocate. She has acted in various applications before the Supreme Court of Bermuda. Before moving to Bermuda, Hannah appeared in a variety of trials and applications before the English High Court and County Courts. She also appeared as sole counsel for the Respondent before the English Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269.
She undertook pupillage at, and later practised as a tenant from, St Philips Chambers in commercial and regulatory law, before joining Appleby in 2017.
Work Highlights
Commercial Litigation:
- RE P LTD: Advised a former employee of a major reinsurer about the taxable status of a series of unvested American call options, including consideration of the Payroll Act and historic Tax Commissioner advice on the issue.
- IVANISHVILI & ORS V CREDIT SUISSE LIFE (BERMUDA) LIMITED: Acting for the defendant in claims for breach of contract, breach of fiduciary duty, negligence and breach of common law duties brought by two policyholders and the ultimate beneficial owners of the policies, the former premier of Georgia and his family. The claims have a pleaded value in excess of $500 million. Various reported judgments to date including an application to ‘strike out a strike out’ ([2017] SC (Bda) 85 Com), a specific discovery application ([2017] SC (Bda) 85 Com) and, before Bermuda’s Court of Appeal, an appeal considering the Supreme Court’s power to order methodology evidence about discovery ([2020] CA (Bda) 13 Civ);
- SRT LTD V PC LTD: Represented the defendant investment fund in proceedings issued by its shareholders. The fund was accused of fraudulently retaining the proceeds of an increase in the share price of a large portion of the securities held by the fund. There were also additional claims for breach of contract with respect to NAV reporting requirements;
- F LTD V G LTD: Acting for the potential defendant at the pre-action stage of a claim for breach of contract in respect of the failure to deliver a major government IT infrastructure project;
- GLENDINA LTD & ORS V NKWE PLATINUM LTD: Acting for the plaintiff shareholders in a fair value appraisal application under section 106 of the Companies Act 1981. The company was previously listed on the Australian Securities Exchange and holds significant platinum mining assets in South Africa;
- I LTD V K LTD: Instructed by insurance brokers in arbitration proceedings against one of the world’s largest insurers in respect of claims for breach of contract and declaratory relief;
- A LTD & ORS V AX LTD: Acted for the plaintiff companies in claims in fraud, fraudulent misrepresentation and breach of contract against their former corporate services provider.
Insolvency, Restructuring and Enforcement:
- STURGEON CENTRAL ASIA BALANCED FUND: Represented and advised an investment fund with an AUM of $48 million in contested applications for leave to appeal to the Privy Council against a winding up order on just and equitable grounds;
- IN THE MATTER OF UP ENERGY DEVELOPMENT GROUP LIMITED: Represented Credit Suisse, a major creditor of Up Energy Development Group Limited, a Bermuda company based in Hong Kong and holding various coal mines in China and Canada. Joint provisional liquidators were appointed in respect of the company and there were numerous contested hearings about the progress and nature of the restructuring. One of the hearings in the case is reported at [2017] SC (Bda) 85 Com;
- Z LTD V E3 LTD: Acted for the defendant company in proceedings to enforce its Brazillian arbitration award in Bermuda;
- S LTD: Advised the client on various Bermuda law issues after it entered Chapter 11 proceedings in New York.
Contentious Trusts:
- IN THE MATTER OF THE N SETTLEMENT: Advising the Protector of a Bermuda Trust in relation to a momentous decision application involving the appointment of in excess of $400m of trust assets to a new trust for the benefit of one beneficiary. Advised the protector with regards to its duties under Bermuda law in deciding whether to consent to the decision of the trustees. Considered a variety of evidence on the application including, the terms of the new settlement and onshore tax advice from two jurisdictions about the potential tax impact of the appointment on the beneficiaries resident in those jurisdictions. Attended at final hearing on behalf of the Protector.
- THE ESTATE OF HUNG WEN-HSIUNG: Proceedings are bought by one of the heirs of one of Taiwan’s most significant business empires. Our client is the Estate of Mr Hung. Mr Hung was an advisor to the founders and was involved in the establishment of their Bermuda Trusts. It is claimed that the Trusts are invalid under Bermuda law because the purposes are said to be for mixed charitable and non-charitable purposes and/or because of allegations of want of authority and/or undue influence;
- IN THE MATTER OF THE C TRUST: Acting for the professional trustees of the C Trust in respect of aggressive approaches from the English solicitors of a former wife of one of the beneficiaries who was claiming monies from the trust as part of her settlement claim in divorce proceedings in the High Court of England and Wales;
- RE B LTD: Advised the trustee of a former pension trust in respect of their potential liability to the Bermuda Pension Commission (the regulator for these purposes) in respect of a repeated failure to file the requisite audited accounts of the trust as required by the relevant act;
- IN THE MATTER OF THE XYZ TRUSTS: Acted for the corporate trustee in an application concerning the restructuring of a series of family trusts. The decision was reported at [2017] SC (Bda) 111 Civ;
- THE FA AND FB TRUSTS: Represented the protector in the first protector removal application to be heard before the Bermuda Courts. The decision is reported at [2021] SC (Bda) 2 Civ. The case also involved a preliminary application in respect of the express indemnity clause in the trust deed – the decision on this part of the claim is reported at [2017] SC (Bda) 85 Com.
Work Highlights
Commercial Litigation:
- RE P LTD: Advised a former employee of a major reinsurer about the taxable status of a series of unvested American call options, including consideration of the Payroll Act and historic Tax Commissioner advice on the issue.
- IVANISHVILI & ORS V CREDIT SUISSE LIFE (BERMUDA) LIMITED: Acting for the defendant in claims for breach of contract, breach of fiduciary duty, negligence and breach of common law duties brought by two policyholders and the ultimate beneficial owners of the policies, the former premier of Georgia and his family. The claims have a pleaded value in excess of $500 million. Various reported judgments to date including an application to ‘strike out a strike out’ ([2017] SC (Bda) 85 Com), a specific discovery application ([2017] SC (Bda) 85 Com) and, before Bermuda’s Court of Appeal, an appeal considering the Supreme Court’s power to order methodology evidence about discovery ([2020] CA (Bda) 13 Civ);
- SRT LTD V PC LTD: Represented the defendant investment fund in proceedings issued by its shareholders. The fund was accused of fraudulently retaining the proceeds of an increase in the share price of a large portion of the securities held by the fund. There were also additional claims for breach of contract with respect to NAV reporting requirements;
- F LTD V G LTD: Acting for the potential defendant at the pre-action stage of a claim for breach of contract in respect of the failure to deliver a major government IT infrastructure project;
- GLENDINA LTD & ORS V NKWE PLATINUM LTD: Acting for the plaintiff shareholders in a fair value appraisal application under section 106 of the Companies Act 1981. The company was previously listed on the Australian Securities Exchange and holds significant platinum mining assets in South Africa;
- I LTD V K LTD: Instructed by insurance brokers in arbitration proceedings against one of the world’s largest insurers in respect of claims for breach of contract and declaratory relief;
- A LTD & ORS V AX LTD: Acted for the plaintiff companies in claims in fraud, fraudulent misrepresentation and breach of contract against their former corporate services provider.
Insolvency, Restructuring and Enforcement:
- STURGEON CENTRAL ASIA BALANCED FUND: Represented and advised an investment fund with an AUM of $48 million in contested applications for leave to appeal to the Privy Council against a winding up order on just and equitable grounds;
- IN THE MATTER OF UP ENERGY DEVELOPMENT GROUP LIMITED: Represented Credit Suisse, a major creditor of Up Energy Development Group Limited, a Bermuda company based in Hong Kong and holding various coal mines in China and Canada. Joint provisional liquidators were appointed in respect of the company and there were numerous contested hearings about the progress and nature of the restructuring. One of the hearings in the case is reported at [2017] SC (Bda) 85 Com;
- Z LTD V E3 LTD: Acted for the defendant company in proceedings to enforce its Brazillian arbitration award in Bermuda;
- S LTD: Advised the client on various Bermuda law issues after it entered Chapter 11 proceedings in New York.
Contentious Trusts:
- IN THE MATTER OF THE N SETTLEMENT: Advising the Protector of a Bermuda Trust in relation to a momentous decision application involving the appointment of in excess of $400m of trust assets to a new trust for the benefit of one beneficiary. Advised the protector with regards to its duties under Bermuda law in deciding whether to consent to the decision of the trustees. Considered a variety of evidence on the application including, the terms of the new settlement and onshore tax advice from two jurisdictions about the potential tax impact of the appointment on the beneficiaries resident in those jurisdictions. Attended at final hearing on behalf of the Protector.
- THE ESTATE OF HUNG WEN-HSIUNG: Proceedings are bought by one of the heirs of one of Taiwan’s most significant business empires. Our client is the Estate of Mr Hung. Mr Hung was an advisor to the founders and was involved in the establishment of their Bermuda Trusts. It is claimed that the Trusts are invalid under Bermuda law because the purposes are said to be for mixed charitable and non-charitable purposes and/or because of allegations of want of authority and/or undue influence;
- IN THE MATTER OF THE C TRUST: Acting for the professional trustees of the C Trust in respect of aggressive approaches from the English solicitors of a former wife of one of the beneficiaries who was claiming monies from the trust as part of her settlement claim in divorce proceedings in the High Court of England and Wales;
- RE B LTD: Advised the trustee of a former pension trust in respect of their potential liability to the Bermuda Pension Commission (the regulator for these purposes) in respect of a repeated failure to file the requisite audited accounts of the trust as required by the relevant act;
- IN THE MATTER OF THE XYZ TRUSTS: Acted for the corporate trustee in an application concerning the restructuring of a series of family trusts. The decision was reported at [2017] SC (Bda) 111 Civ;
- THE FA AND FB TRUSTS: Represented the protector in the first protector removal application to be heard before the Bermuda Courts. The decision is reported at [2021] SC (Bda) 2 Civ. The case also involved a preliminary application in respect of the express indemnity clause in the trust deed – the decision on this part of the claim is reported at [2017] SC (Bda) 85 Com.
Recognition
Chambers Global 2021 and 2020 recognised Hannah as an “Up and Coming” commercial litigator and sources commented, “She has a formidable command of the facts, the relevant law and the procedural dimensions of the case, and her ability to drive and coordinate the team to produce first-rate work on a complex case is impressive.” She was named a “Next Generation Partner” by Legal 500 in 2023, 2022 and 2021 and named a “Rising Star” in 2020 and 2019. One client commented, “Hannah is brilliant and incisive; the intellectual powerhouse behind the litigation team.” Another source said, “She is a stand-out performer. Always across the detail, full of ideas and one step ahead of the opposition.” She was also a “Recommended” attorney in the Trusts/Private Client category in 2020. Hannah is also recognised in the Private Client Global Elite Directory 2023 as a “Rising Star”.
Recognition
Chambers Global 2021 and 2020 recognised Hannah as an “Up and Coming” commercial litigator and sources commented, “She has a formidable command of the facts, the relevant law and the procedural dimensions of the case, and her ability to drive and coordinate the team to produce first-rate work on a complex case is impressive.” She was named a “Next Generation Partner” by Legal 500 in 2023, 2022 and 2021 and named a “Rising Star” in 2020 and 2019. One client commented, “Hannah is brilliant and incisive; the intellectual powerhouse behind the litigation team.” Another source said, “She is a stand-out performer. Always across the detail, full of ideas and one step ahead of the opposition.” She was also a “Recommended” attorney in the Trusts/Private Client category in 2020. Hannah is also recognised in the Private Client Global Elite Directory 2023 as a “Rising Star”.
Coverage & Insights
PUBLICATIONS:
- When will the court enforce a promise? – The Royal Gazette, Legally Speaking – November 2022
- Directors’ duties on the eve of insolvency – The Royal Gazette, Legally Speaking – October 2022
- Enforcement of Judgments – Law and Practice – Chambers and Partners Global Guides – August 2021
- Enforcement of Judgments – Trends and Developments – Chambers and Partners Global Guides – August 2021
- Application to remove the protector of a trust – relevant test to remove protector – first such case in Bermuda (In the matters of FA Trust and FB Trust) – LexisPSL Private Client – February 2021
- Indemnities and ‘as soon as possible’ notice – The Royal Gazette, Legally Speaking – August 2020
- Enforcement of Judgments – Law and Practice – Chambers and Partners Global Guides – August 2020
- Enforcement of Judgments – Trends and Developments – Chambers and Partners Global Guides – August 2020
- Choices of law, jurisdiction must be clear – The Royal Gazette, Legally Speaking – June 2020
PODCASTS:
- Trust and Estate Planning for Digital Assets in Bermuda – Bermuda Shorts – May 2023
- Digital Assets in the Courts Part II – Bermuda Shorts – April 2023
- Digital Assets in the Courts – Bermuda Shorts – November 2022
Coverage & Insights
PUBLICATIONS:
- When will the court enforce a promise? – The Royal Gazette, Legally Speaking – November 2022
- Directors’ duties on the eve of insolvency – The Royal Gazette, Legally Speaking – October 2022
- Enforcement of Judgments – Law and Practice – Chambers and Partners Global Guides – August 2021
- Enforcement of Judgments – Trends and Developments – Chambers and Partners Global Guides – August 2021
- Application to remove the protector of a trust – relevant test to remove protector – first such case in Bermuda (In the matters of FA Trust and FB Trust) – LexisPSL Private Client – February 2021
- Indemnities and ‘as soon as possible’ notice – The Royal Gazette, Legally Speaking – August 2020
- Enforcement of Judgments – Law and Practice – Chambers and Partners Global Guides – August 2020
- Enforcement of Judgments – Trends and Developments – Chambers and Partners Global Guides – August 2020
- Choices of law, jurisdiction must be clear – The Royal Gazette, Legally Speaking – June 2020
PODCASTS:
- Trust and Estate Planning for Digital Assets in Bermuda – Bermuda Shorts – May 2023
- Digital Assets in the Courts Part II – Bermuda Shorts – April 2023
- Digital Assets in the Courts – Bermuda Shorts – November 2022
Qualifications & Education
Before qualifying, Hannah studied History at Cambridge University, where she was awarded the Creighton Prize for Excellence in History and the Dorothy Forster Prize for Outstanding Long Essay for her performance in examinations at her college. Hannah studied the Graduate Diploma in Law and the Bar Professional Training Course at City University, London.
Hannah was called to the English Bar in 2012 by Middle Temple, which awarded her a Queen Mother’s Scholarship, a Benefactor’s Scholarship and a Blackstone’s Exhibition.
- University of Cambridge
- City University, London
Qualifications & Education
Before qualifying, Hannah studied History at Cambridge University, where she was awarded the Creighton Prize for Excellence in History and the Dorothy Forster Prize for Outstanding Long Essay for her performance in examinations at her college. Hannah studied the Graduate Diploma in Law and the Bar Professional Training Course at City University, London.
Hannah was called to the English Bar in 2012 by Middle Temple, which awarded her a Queen Mother’s Scholarship, a Benefactor’s Scholarship and a Blackstone’s Exhibition.
- University of Cambridge
- City University, London
“EXTREMELY IMPRESSIVE AND WELL-VERSED IN BERMUDIAN LAW”