Carla Fischer

Carla has a significant interest in all areas of commercial law, including contract claims, shareholder disputes and civil fraud claims. Carla’s experience includes:

• Assisting (Nick Goodfellow and Stuart Sanders) in researching and drafting documents for contempt of court proceedings arising out of underlying proceedings for unlawful means conspiracy;
• Representing (as sole counsel) a Claimant in ongoing County Court proceedings for breach of contract, including at the CMC and in a one-day mediation;
• Representing (as sole counsel) a Claimant in an ongoing civil fraud case with a claim value over £200,000;
• Assisting (Alexander Halban) in drafting particulars of claim asserting the existence of a binding and enforceable partnership agreement in a dispute between company directors and shareholders;
• Successfully applying for a charging order in the High Court; and
• Regularily drafting pleadings (particulars of claim and defence) in the county court on the intermediate and multi-track.

During her pupillage, she has been exposed to a wide range of commercial work, for example:

• Assisting (Adam Solomon KC and Alexander Halban) with preparation of a three-week trial against the government in the Chancery Division involving issues of tort, breach of contract and allegations of misfeasance of public office and fraud including drafting a section of closing submissions addressing an allegation of fraudulent data manipulation involving complex statistical evidence, highlighting and summarising 8 days of trial transcripts, conducting legal research and drafting notes for cross-examination;
• Conducting research on the enforcement and recognition of foreign judgments pursuant to Dicey Rule 45, the impeachability of foreign judgments for fraud pursuant to Dicey Rule 51 and the rules governing registration of foreign judgment, the definition of debt under s267 IA 1986 and the application of the revenue rule in preparation for an appeal before the Court of Appeal (Charles Samek KC and James Bickford Smith);
• Drafting a Reply in a commercial dispute alleging breach of contract and unjust enrichment for the refusal to pay commission to brokers for the introduction of investors to a mining project in Brazil;
• Drafting a skeleton argument for Part 8 proceedings seeking disclosure of documents under a shareholders’ agreement;
• Conducting research on whether an exclusion clause in a contract between a company and an LLP could successfully exclude the liability of an LLP member who had been appointed as liquidator for the company;
• Drafting an Unfair Prejudice Petition on behalf of two minority shareholders;
• Drafting a Defence and Counterclaim in a commercial dispute, denying the validity of subsequent agreements allegedly entered into by the parties and challenging the Claimant’s proposal to submit to the Shorter Trials Scheme;
• Drafting an advice notes on the merits of several defences in a commercial dispute about the validity of a series of agreements, including mistake, misrepresentation, lack of actual and deemed authority, economic duress and lack of consideration;
• Drafting an advice note on whether credits/ write-offs can constitute assets for a claim in knowing receipt;
• Drafting a skeleton argument opposing the grant of a mandatory injunction in a commercial dispute;
• Conducting research on contingent claims for the purposes of bringing a claim under jurisdictional gateway 3.

• Drelle v Servis Terminal [2025] EWCA Civ 62
• Marples v Secretary of State for Education [2025] EWHC 2794 (Ch)
• Safe Transport (South West) Ltd v Pallet Network Ltd [2025] EWHC 396 (Ch)
• Lugani v Prabhu and others
• DMA Resources Ltd v Brazilian Nickel Ltd

Carla acted as sole counsel in a one week Employment Tribunal case for unlawful dismissal, wrongful dismissal, harassment and victimisation.

Carla successfully defended a claim for race discrimination in a two-day Employment Tribunal case as sole counsel.

Carla (assisting Lucy Bone) drafted Particulars of Claim, Replies and Defences to Counterclaims against multiple defendants in a High Court case for breach of contract, breach of post-termination restrictions, breach of confidence and unlawful means conspiracy.

Carla acted in a speedy trial in the King’s Bench Division of the High Court (led by Gavin Mansfield KC) for a director defending claims for breaches of restrictive covenants and fiduciary duties.

Carla represented an employer before the Central Arbitration Committee (CAC) on the determination of an appropriate bargaining unit for the purposes of collective bargaining issued by a union.

Carla regularly appears before the Employment Tribunal for both claimants and respondents in preliminary hearings on case management matters, applications for amendments and strike out and substantive issues such as establishing disability, time limits and employment status.

During pupillage, Carla was involved in several employment cases covering a breadth of issues. Examples include:

Statutory Employment

• Drafting a skeleton argument for an EAT appeal concerning indicrect sex discrimination and victimisation;
• Drafting an advice on pregnancy and maternity discrimination contrary to the Employment Rights Act 1996 and the Equality Act 2010;
• Drafting notes for cross-examination in unfair dismissal proceedings as well as in a case on disability discrimination;
• Drafting an opinion on the jurisdiction of the ET to make a declaration on whether a mandatory retirement policy constitutes age discrimination;
• Drafting a note on discrimination on the grounds of sex contrary to the Equality Act 2010;
• Drafting a letter before action (arbitration) concerning contractual discrimination and breach of the implied term of equal pay;
• Drafting a research note on ways in which the ET may make adjustments/ deductions to a partner’s pecuniary loss for age discrimination.

High Court Employment

• Drafting a letter before claim concerning breach of contract and breach of the implied term of anti-avoidance. The letter argued that two parties of a service agreement had an employment relationship on the terms of an appointment letter and/or on the terms of the agreement;
• Drafting injunctions/ spingboard injunctions for alleged breaches of covenants and breaches of confidence in several business protection cases;
• Writing an opinion concerning the existence of an employment relationship pursuant to the principles of Ready Mixed Concrete, the implied term of anti-avoidance and fetters on contractual discretion;
• Drafting an advice on the merits of multiple causes of action in a case concerning breaches of post-termination restrictions and the misuse of confidential information, namely breach of contract (including breach of the implied term of fidelity), breach of restrictive covenants, breach of confidence, procuring a breach of contract, breach of fiduciary duty and unlawful means conspiracy;
• Drafting a note on the law of restrictive covenants in England, specifically legitimate interest and reasonableness, and the differences between non-compete, non-solicitation and confidentiality covenants;
• Drafting a defence/ jurisdictional challenge and a reply to the claimants’ response to the defence/ jurisdictional challenge against two claimants on separate grounds (DIFC). The claim concerned restrictive covenants within DIFC employment contracts. The defence argued that the English doctrine of restraint of trade does not apply in the DIFC and that the SCT does not have jurisdiction over the dispute.

• Friend Media Technology Systems Limited & Anor v Jonathan Norman Friend & Anor [2025] EWHC 2897 (KB)
• Benn v PGMOL [2025] UKET 2303129/2024
• Ali v Staffline Recruitment [2026] UKET 6008610/2025

During pupillage, Carla has worked on several LLP and traditional partnership cases. Examples include:

• Drafting a note on the employee status of LLP members, the elements of a detriment claim by a worker contrary to s47B ERA 1996, reasonable expectation of privacy pursuant to Art. 8 ECHR, the causation of an LLP partner resigning (Roberts (respondent) v Wilsons Solicitors LLP and others (appellants) [2018] EWCA Civ 52, [2018] IRLR 1042), injury to feelings and psychiatric injury;
• Drafting a note on the liability of the LLP compared to individual members under LLP agreements;
• Drafting several emails to instructing solicitors outlining advice on removing an LLP member from the LLP and amending the LLP agreement;
• Conducting research on whether an LLP member could have dual status if s4(4) LLPA 2000 did not exist;
• Drafting an advice on partnership law and estoppel by convention, specifically about the potential liability of a company after transfer of the business from a dissolved partnership.

Carla has a keen interest in international arbitration and has gained extensive experience in international commercial and investment arbitration prior to commencing her pupillage with Littleton.

As a research associate with CMS Hasche Sigle, she regularly worked on investor-State disputes concerning direct and indirect expropriation representing different States. She is familiar with UNCITRAL, LCIA, ICC, PCA and ICSID administered arbitrations. During her time at CMS, Carla also undertook work for members of arbitral tribunals including drafting interim orders on behalf of the Tribunal president in a PCA and an ICSID arbitration and drafting parts of arbitral awards with the Tribunal Secretary, for example summarising the position of the parties and outlining the Tribunal’s reasoning on the application of the law on State responsibility.

Carla has been a coach for the Willem C Vis international arbitration mooting competition with Edinburgh University and Gray’s Inn, helping her teams win several prices during pre-moots and the final competition in Vienna, including the award for best oralist at the 30^th Vis Moot competition. She has also served as an arbitrator at pre-moots in London and Paris as well as the Vis moot in Vienna for the past three years.

During pupillage, Carla worked on multiple arbitrations. Examples include:

• Drafting a research note and a speaking note on the law of frustration for an international commercial arbitration;
• Drafting a letter before action in contemplation of domestic arbitration proceedings under the Arbitration Act 1996.

Carla has a keen interested in developing an international practice.

Carla (led by Mohinderpal Sethi KC) is acting as junior counsel in an appeal brought by a foreign state on the interpretation of s5 State Immunity Act 1978 before the Court of Appeal, representing the appellant state.

During pupillage, Carla has been involved in several DIFC and ADGM cases. Examples include:

• Conducting research on the following areas of ADGM law and applicable English common law principles to answer detailed questions by the instructing solicitors ahead of a conference: unlawful deduction of wages contrary to Art 14 ADGM Employment Regulations, available remedies under ADGM law, applicable procedural rules, breach of contract, English common law on unlawful deduction of wages, the implied term of reasonable expectations, the availability of reputational damages, carried interest as wages, effect of constructive dismissal on deduction of wages claim and constructive trusts;
• Drafting a letter before claim (ADGM) concerning an unlawful deduction of wages claim. The letter argued that carried interest under a discretionary plan constituted wages within the meaning of the ADGM Employment Regulations and that the withdrawal of the plan amounted to unlawful deduction of wages considering the implied term of mutual trust and confidence and the implied term of reasonable expectations;
• Drafting a defence/ jurisdictional challenge and a reply to the claimants’ response to the defence/ jurisdictional challenge against two claimants on separate grounds (DIFC). The claim concerned restrictive covenants within DIFC employment contracts. The defence argued that the English doctrine of restraint of trade does not apply in the DIFC and that the SCT does not have jurisdiction over the dispute;
• Drafting a note on the costs for non-party disclosure in English and DIFC law;
• Drafting a note on the applicability of the Aldi guidelines in DIFC law; availability of gains-based remedies in DIFC law; inducement to breach of contract, breach of fiduciary duty, dishonest assistance and the equitable remedy for account of profits in English and DIFC law.

Additionally, Carla has worked on several commercial cases involving complex conflict of laws issues such as the enforcement and recognition of foreign judgments pursuant to Dicey Rule 45, the impeachability of foreign judgments for fraud pursuant to Dicey Rule 51 and the rules governing registration of foreign judgments.

• Government of the State of Kuwait v Mohamed
• Drelle v Servis Terminal [2025] EWCA Civ 62

Carla represented WSL referee Lisa Benn in a widely reported employment tribunal claim against Professional Game Match Officials Limited (PGMOL) for unfair dismissal, harassment and victimisation.

Carla (assisting Lydia Banerjee) is acting pro bono for a former Paralympic athlete in a pay dispute.

Carla was instructed by QPR in Bansal-McNulty v QPR, Yems and Crawley Town FC to assist Centrefield and Joel Wallace with case preparation.

During pupillage, Carla drafted Points of Claim in an FA Rule K Arbitration in a dispute between a Premier League club footballer, his agent and former club involving unpaid wages and fees.

Carla has a keen interest in sport. She has played several sports at competition level including traditional Taekwon Do, Latin Ballroom dancing and slalom skiing. She won a silver and bronze medal at the German National Taekwon Do Champtionships in 2011. She also won a gold medal and several silver and bronze medals with her skiing club in Austria. Carla is a keen tennis player and has taught Ballroom and Latin Ballroom lessons at Gray’s Inn over the last two years.

• Bansal-McNulty v QPR, Yems and Crawley Town FC
• Benn v PGMOL [2025] UKET 2303129/2024