Biography

Jane Colston's practice focuses on complex and high-value commercial banking, contract and tort disputes as well as company, shareholders and partnership disputes. Jane has acted in numerous complex fraud cases and has extensive experience of forensic investigations, most of which have involved working with teams of investigators and accountants, and coordinating lawyers in multiple jurisdictions to trace and freeze assets. She has managed numerous cases involving freezing, proprietary, search, disclosure, gagging, imaging and delivery up injunctions as well as breach of confidence and privacy claims. 

Jane has acted in numerous cases where millions to billions of pounds have been at stake including involving States. Jane therefore has a deep technical knowledge but also real experience of how to run these cases successfully.

Who's Who Legal (WWL) 2021 names her: a "Global Elite Thought Leader" for Asset Recovery and states "Jane Colston is “one of the best asset recovery lawyers in London” according to impressed peers who consider her “a superstar”. One source comments, “She really works hard for the best results for her client”"; and a "Thought Leader" in Litigation stating: "Jane Colston is a top-class lawyer who garners strong support thanks to her great expertise in high-value commercial banking, contract and tort disputes among others”.

The Legal 500 UK 2021 names Jane as a "Leading individual" and states: "clients have described her as "everybody’s favourite litigation partner. Indefatigable. Driven. Humane. Efficient. Regular speaker at many conferences – strong thought leader."" Jane was part of the team which won The Legal 500 UK Award for Crime, Fraud and Licensing in 2018 (Firm Specialism of the Year) and 2019 (Firm of the Year). 

Jane is ranked Band 1 in Chambers UK for Civil Fraud, which states: "she is "one of the top fraud lawyers in London"" and "incredibly clear in her strategic thoughts and knowledgeable about civil fraud procedure." Chambers states Jane to be "tactically shrewd with an incredible intellect" and "a real class act." Chambers also ranks Jane in its Litigation Support Guide 2021 Global-Wide stating: “Market peers and clients both past and present consider her to be a strong practitioner and a formidable litigator”.

Jane has substantial experience of acting as a Supervising Solicitor appointed by the Courts of England and Wales in regard to the execution of search, imaging and door-step delivery up orders and leads Brown Rudnick's Supervising Solicitors team. Jane also lectures on topics including the impact of Artificial Intelligence on the legal and insolvency professions at international conferences such as those hosted by the International Bar Association, C5 Fraud Asset Tracing and Recovery, the Standing International Forum of Commercial Courts and the Commonwealth Lawyers Association and INSOL Academic Group, INSOL Asia Hub and SGRI (SMU).

Jane serves as Diversity, Equity & Inclusion Partner ("DEI Partner"), along with her counterpart Chelsea Mullarney in the New York office. As a DEI Partner, Jane works alongside the Director of Diversity, Equity & Inclusion to develop and implement the Firm's strategy for maintaining an inclusive work environment. In this role, Jane is a visible champion for the Firm's efforts to recruit, hire, develop and promote diverse and women lawyers, and actively engages Firm leadership to ensure equity and inclusion remain strategic business priorities.

Jane's passion for inclusion extends beyond her role as DEI Partner to her practice and external activities. Since 2016, Jane has organized the Firm's Women in Business speaker series, bringing together women lawyers and business professionals from across industries to discuss their careers. Jane also serves as the Diversity & Inclusion Officer for the International Bar Association's Litigation Committee and has spoken at several diversity-related conferences on topics related to inclusion in the legal profession.

Prior to joining Brown Rudnick, Jane trained and then qualified into Hogan Lovells’ litigation department. She then joined Baker & McKenzie. In 2004 she co-founded the litigation boutique Masseys which was described by The Times as "go to" for banking disputes. It merged with Stewarts in 2010.

Awards

Representation

Jane has successfully represented a diverse range of major domestic and international commercial organizations, plcs, States and individuals. Recent reported cases include:

Acted in a claim arising in the context of a commercial mortgage-backed securitisation of various UK properties from which the toy store chain, Toys “R” Us, formerly conducted part of its UK business: Debussy DTC Plc & Ors V Solutus Advisors Limited [2019] EWHC 1035 (Ch).

Acted for numerous clients in pursuing breach of confidential information/privacy and data protection claims including obtaining emergency injunctions.

Acting in a breach of confidence and privacy claim arising out of covert recordings of the Claimants and, during the pandemic in 2020, obtaining and executing: doorstep delivery-up injunctions requiring the defendants to immediately hand up specified items and answer questions on oath; super injunctions; gagging orders; and forensic imaging of electronic devices orders. The case was reported:

Acting for the Claimant seeking to asset trace in respect to a £453m pound judgment, Jane was appointed by the High Court of England & Wales to supervise a search, seizure and forensic imaging order: Akhmedova V Akhmedov & Ors [2020] EWHC 3006 (Fam).

Acting in Skatteforvaltningen (the Danish Customs and Tax Administration) V Solo Capital Partners LLP & Ors [2021] EWHC 974 (Comm).

Mr Justice Baker described this £1.5bn fraud case as “litigation on a massive scale”, with almost 100 defendants listed alongside more than 20 separate legal teams. The Lawyer‘s listing of the Top 20 high-profile cases in 2021 includes Jane’s representation in this case. 

Acting in numerous substantial commercial fraud and breach of trust cases including search, freezing and other interim orders.

Acted for one of the defendants in a $300 million fraud claim brought by JSC BTA Bank of Kazakhstan by its former chair and majority shareholder, Mukhtar Ablyazov (JSC BTA-v-(1) Solodchenko (2) Ereshchenko [2012] EWHC 550 (Ch), JSC BTA-v-(1) Solodchenko (2) Ereshchenko [2012] EWHC 1891 (Ch) and JSC BTA Bank-v-Anatoly Ereshchenko [2013] EWCA Civ 1961), successfully defending contempt proceedings.

Advising on substantial banking-related claims involving banks such as Credit Suisse, JP Morgan, Barclays and BNP Paribas.

Acting and acted in numerous cases involving joint venture, shareholder and partnership disputes including a £300 million plus dispute involving a multinational corporation arising from a share acquisition.

Acting in numerous breach of contract cases including for technology businesses.

Acting in numerous disputes arising from complex interlocking joint venture mechanisms and associated shareholder/director/lender rights and obligations thereunder and disputes around liabilities arising under guarantees and collateral warranties as well as complex senior/junior financing structure loan facilities and/or between senior and mezzanine lenders, borrowers and the security trustee including challenging restructurings and advancing claims against the security trustee.

Education

University of East Anglia – LLB Law

Bar Admissions

Solicitor, England & Wales
Solicitor Advocate in the Higher Courts in England & Wales
Publications
Co-author, "FRAUD: An Introduction to UK-wide," Chambers & Partners
Author, "Team Diversity: Avoiding an Echo Chamber" Solicitors Journal (May 2021)
Interviewed by Who's Who Legal in relation to their "Thought Leaders Global Elite ranking for Asset Recovery"
Author, "Diversity Series: Tackling Impostor Syndrome," IBA - Diversity Series (November 2020)
Author, "Confidentiality and Cyber Security When Working Remotely," Brown Rudnick Alert (June 2020)
Author, "The New Normal: Mediations in the Time of COVID-19," Brown Rudnick Alert (June 2020)
Co-author, "Be inspired!," IBA International Litigation Newsletter (May 2020)
Co-author, "Yes we can: Remote justice in England and Wales – the new norm?," IBA International Litigation Newsletter (May 2020)
Author, "Diversity series: What are you doing to promote diversity?," IBA International Litigation Newsletter (May 2020)
Q&A, "Women in Law - Thought Leader," Who's Who Legal (May 2020)
Author, "Surveillance capitalism," Legal Business Disputes Yearbook 2020 (March 2020)
Co-author, "Uncovering Fraud: First Response," Financier Worldwide Magazine (December 2019)
Co-author, "IBA Litigation Newsletter Editors’ Note," IBA International Litigation Newsletter (September 2019)
Co-author, "Commercial Fraud Litigation – London Pow-wow, June 2019," IBA International Litigation Newsletter (September 2019)
Co-author, roundtable, "Views from the Top," IBA International Litigation Newsletter (May 2019)
Author, "Tech-driven review vs the fear of missing out," Legal Business Disputes Yearbook 2019 (May 2019)
Co-author, "IBA Litigation Newsletter Editors’ Note," IBA International Litigation Newsletter (October 2018)
Co-author, "Bang for your buck - FAQs, myths and truths regarding Norwich Pharmacal orders," IBA International Litigation Newsletter (May 2018)
Co-author, mini-roundtable, "Technology Forensics in Fraud Investigations and Disputes," Corporate Disputes Magazine (April-June 2018)
Author, "‘Hodl’, ‘Hit the moon’, ‘Lambo’, ‘Miners'," Legal Business Disputes Yearbook 2018 (May 2018)
Co-author, "Corporate Fraud Roundtable," Financier Worldwide Magazine (November 2018)
Quoted in, "Security or not security? Scrutiny of blockchain and ICOs mounts?," Commercial Dispute Resolution News (January 2018)
Quoted in, "Women in litigation: Always read the label?," Commercial Dispute Resolution (October 2017)
Co-author, "Fruit from a poisoned tree: unlawfully obtained evidence," The Law Gazette (August 30, 2017)
Author, "IBA brings litigation technology into practice," Commercial Dispute Resolution (July 2017)
Co-author, "Artificial Intelligence: Change before you have to," Eurofenix (Summer 2017)
Co-author, "Enforcing Judgments: Pensions are Not Always Sacrosanct," IBA International Litigation Newsletter (May 2017)
Quoted in "Mediation: The unsung hero?" Commercial Dispute Resolution News (May 18, 2016)
Featured in "Shaking Implicit Bias," Commercial Dispute Resolution News (September 28, 2016)
Co-author, "Notification Injunction: Belgravia, Blackmail, Boats and Bootstraps," Brown Rudnick Article (October 5, 2016)
Co-author, "Use of Committal Procedure in Commercial Fraud Litigation in England and Wales,"Who’s Who Legal" (August 2015)
Review of Litigation and Alternative Disputes for Financier Worldwide’s Annual Review (December 2013)
Author, "Keeping a Cool Head," Solicitors Journal (June 18, 2013)
Co-author, "Search and Seizure Orders, and the Key Role of Supervising Solicitors," IBA International Litigation Newsletterr (April 2013)
Contributed to Crone's Law and the Media and International Tracing of Assets
Speaking Engagements
Panel Speaker, “FIREing up your Careers: How to Make and Keep Overseas Contacts”, FIRE Starters in London (October 2021)
Panel Speaker "Working Together – Exploring the relationships between Commercial Courts in the Commonwealth and their users", the Standing International Forum of Commercial Courts and the Commonwealth Lawyers Association Webinar (13 April 2021)
Speaker and Co-chair, C5 Fraud, Asset Tracing and Recovery Geneva (March 2021)
Panel Speaker "Confidential Information and Restrictive Covenant Issues for Senior Executives and Founders", IFSEA International Senior Executives and Founders Virtual Conference (February 2021)
Co-speaker, Paul Lowenstein QC and Phil Beckett of Alvarez and Marsal and other members of the Supervising Solicitors team, “Search, Delivery Up and Imaging Orders in the Time of COVID 19 (December 2020)
Chair and Panel Speaker, "Litigating in the Internet Age", IBA 2020 Virtually Together (November 2020)
Speaker and Co-chair, C5 Fraud, Asset Tracing and Recovery Geneva (March 2020)
Speaker, "Shots Across The Bows - Preliminary Skirmishes Sweep London's Courts," Legal Business Commercial Litigation Summit (July 2019)
Panel Speaker, "Building the law firm of the future," International Bar Association (November 2017)
Chair and Panel Speaker, "How techie is your court?" International Bar Association (September 2017)
Panel Moderator, "Innovation in litigation: prepared for 2027", International Bar Association (May 2017)
Panel Speaker, International Bar Association Young Litigators Forum (May 2017)
Speaker, alongside Phil Beckett (Alvarez & Marsal) and Dipti Hunter (PwC), "Supervising Solicitors and Search Orders Execution," Commercial Fraud Lawyers Association Seminar (September 2017)
Panel Co-chair, "New Technologies in Court (including Case Management)" and "Innovations in Litigation”, IBA Litigation Conference, Zurich (3-5 May 2017)
Co-speaker with Mona Vaswani (Millbank), "Recent developments in disclosure in fraud actions including use of machine learning technology" C5 Fraud, Asset Tracing and Recovery, Geneva (16-17 March 2017)
Speaker, alongside Duncan Matthews QC (Essex Street Chambers), "Pleading and handling fraud cases," The Annual Bar and Young Bar Conference, London (October 2016)
Speaker, alongside Richard Millett QC (Essex Court Chambers), Benjamin Borsodi (Managing Partner, Schellenberg Wittmer), and Jerry Samuel (Partner, Conyers Dill & Pearman), "Best Practice Approaches to Obtaining Freezing Injunctions and Search Orders," C5 Fraud, Asset Tracing and Recovery, Miami (October 2016)
Speaker, alongside Christine Braamskamp (Partner, K&L Gates) and Amanda Raad (Partner, Ropes & Gray), American Bar Association's White Collar Crime Conference, London (October 2016)
Speaker at the first Global Women Litigators' Breakfast hosted by the IBA Litigation Committee addressing implicit bias, Washington, D.C. (September 2016)
Professional Affiliations
Solicitor of the Supreme Court of England and Wales
Solicitor – Advocate in the Higher Courts in England and Wales
Committee member of Commercial Litigators' Forum (London, New York and Moscow)
Committee member of The Commercial Fraud Lawyers Association
Newsletter Editor of the International Bar Association’s Litigation Committee
Awards and Honors
Ranked Band 1 by Chambers UK for Civil Fraud (2017-2021). Chambers states: "Jane is one of the top fraud lawyers in London - she is incredibly clear in her strategic thoughts and knowledgeable about civil fraud procedure." "She will look after a case properly and shake it up until she gets a good result for her client." "An impressive lawyer who is resilient and finds an answer to everything".
Recognized by The Legal 500 UK as a "Leading Individual" for Fraud: Civil and Banking Litigation: Investment & Retail and Commercial Litigation (2015-2021). She is described as "everybody’s favourite litigation partner. Indefatigable. Driven. Humane. Efficient. Regular speaker at many conferences – strong thought leader."
Selected for inclusion in the Who’s Who Legal: Global Elite Thought Leaders - Asset Recovery guide (2019-2021).
Selected for inclusion in the Who’s Who Legal Thought Leaders - Litigation guide (2020-2021). WWL says “Jane Colston enjoys a stellar international reputation for her world-class work on high-value banking and finance, and corporate disputes."
Ranked as “Recommended” by Who’s Who Legal for Litigation (2018-2020). WWL says “Jane Colston is a top-class lawyer who garners strong support thanks to her great expertise in high-value commercial banking, contract and tort disputes among others."
Selected for inclusion in the Who’s Who Legal Thought Leaders GIR - Asset Recovery guide (2017-2020).
Winner of the Who’s Who Legal Asset Recovery Lawyer of the Year Award (2020).
Winner of The Legal 500 UK Crime Fraud & Licensing Firm of the Year Award (2019).
Winner of The Legal 500 UK Crime Fraud & Licensing Firm (Specialism) of the Year Award for Fraud: Civil (2018).
Shortlisted for Corporate Lawyer of the Year – C5 Women in Compliance Awards (2018).
Winner of the Lawyer Monthly Women in Law Awards for Asset Recovery Lawyer of the Year (2017).
Shortlisted “Best in Litigation” Euromoney Europe Women in Business Law (2017).
Selected for inclusion in the 2013 and 2014 Thomson Reuters' London Super Lawyers List.
Firm Activities
Equity, Inclusion and Diversity Co-Partner
Member of the Equity, Inclusion and Diversity Council
Leader of the Women's Initiative Group