Elizabeth Preston-Whyte Senior Associate

Senior Associate

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Elizabeth has a commercial litigation and arbitration practice that encompasses disputes involving complex financial products, competition law infringement disputes, general commercial disputes, construction and engineering disputes, renewable energy disputes, rail industry disputes and advising on private international law.

Elizabeth has worked on a broad range of complex domestic and international disputes and has acted for clients in the High Court and in arbitration. She also advises clients in relation to adjudication and mediation.

She has particular expertise in disputes involving complex financial and mathematical models or complex technical issues. She acted for Betgenius and Genius Sports in the standalone competition claim brought by Sportradar which was jointly case managed and heard together with Betgenius and Football DataCo’s breach of confidence claims against Sportradar and its scouts. She has also advised and acted for a train operating company in an arbitration concerning the financial model for its franchise and the recovery of costs, for the special administrators of a forex trading company and on a number of cases concerning allegations of defective engineering design and installation including in relation to commercial printing presses and wind farms.

Elizabeth has spent six months working as a judicial assistant to the Competition Tribunal in South Africa. She is a qualified Solicitor-Advocate.

Expertise

Recent work

Sportradar v FDC, Betgenius and Genius Sports

Acting for Betgenius and Genius Sports in the complex, interwoven competition claim by Sportradar against FDC, Betgenius and Genius Sports and counterclaims by Betgenius and FDC against Sportradar and a representative group of Sportradar’s scouts for breach of confidence, trespass and conspiracy to injury by unlaw means. These claims were jointly case managed and heard together across the Competition Appeal Tribunal and High Court in a five week trial (which settled mid-way through the trial), and gave rise to novel procedural issues.

A multinational mechanical engineering company

Acting for a multinational mechanical engineering company based in Germany in relation to a high-value dispute with a newspaper producer regarding the alleged defective design and installation of commercial printing presses.

Greater Gabbard Offshore Windfarm Limited v Prysmian

Acting for Prysmian in a follow-on damages claim concerning an alleged overcharge on the high voltage submarine power cables procured for the Greater Gabbard offshore windfarm.

A prominent UK renewable energy developer

Acting for a wind farm developer in its successful adjudication of a dispute that arose out of the construction of a wind farm and the defective installation of a key component in the substation.

A multinational hotel group

Acting for a foreign domiciled hotel group in a High Court claim concerning contractual interpretation and repudiatory breach of contract claims.

A train operating company

Acted for a train operating company as the claimant in a domestic arbitration concerning the recovery of costs under a franchise agreement and the industry processes. The claim involved the financial model under the franchise agreement and contractual arguments.

A PFI project

Advising a project company in a PFI project and its directors in relation to various allegations of defective works.

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In depth

Limitation clause excluded a party’s liability for loss of profit

Dominic Sedghi, Lois Horne, Elizabeth Preston-Whyte 27 Oct 2023

The court found that the exclusion was not subject to the Unfair Contract Terms Act and did not exclude only indirect loss.