Strategic Research Sponsor of the American Bar Association's Section of International LawThe Queen's Award for Enterpise 2012
Jane Colston
Office:
8 Clifford Street
W1S 2LQ
City:
London
Country:
England
Tel:
+44 20 7851 6059
Fax:
+44 20 7851 6100

Questions and Answers:

Who's Who Legal Thought Leaders: Asset Recovery

Jane is deemed “one of the standout litigators of her generation” (The Legal 500, 2016), and ranked in Band 1 by Chambers & Partners, which describes her as a “strong, strategic fraud litigator” who “gets to the heart of issues.” Jane is part of Brown Rudnick’s international 16-partner civil fraud and white-collar crime litigation and regulatory team in London. Jane has 25 years of experience in international commercial fraud litigation, managing injunctions and acting as a court appointed supervising solicitor search orders.

WHY DID YOU CHOOSE TO FOCUS YOUR PRACTICE ON COMMERCIAL FRAUD WORK?

I enjoy the challenge of complex, cross-border fraud litigation and the fast-paced, strategic nature of injunctive relief work.

WHAT ARE THE MAIN CHALLENGES CURRENTLY FACING PRACTITIONERS IN THE SECTOR?

Brexit aside, the need to foster a change in litigation culture. Clients want decisive, clever and commercial litigators. They do not want inefficient, expensive, drawn-out dispute resolution. Two recent English High Court pilot schemes (the Shorter Trial and the Flexible Trial procedures) aim to achieve earlier trials at a reasonable and proportionate cost, eg, by accepting that comprehensive disclosure and a full trial on all issues are often unnecessary for justice and unwanted by business.

IN YOUR OPINION, WHAT MAKES A SUCCESSFUL CIVIL LITIGATOR?

Know-that and know-how; energy; perseverance; responsiveness; and client focus.

HOW DO YOU SEE THE LANDSCAPE OF INTERNATIONAL ASSET RECOVERY DEVELOPING IN THE FUTURE?

Litigators are confronting the fact that technology is impacting more and more. Many courts (eg, in England and Wales), along with clients, are driving the change to use technology to ensure efficient access to justice and a break from the “tyranny of paper” and unnecessary process.

WHAT ROLE DO YOU SEE ARTIFICIAL INTELLIGENCE PLAYING IN DISCOVERY EXERCISES IN LITIGATION IN THE FUTURE?

In 2016, two important rulings emanated from the English High Court blessing the use of technology assisted review (TAR), ie, machine-learning algorithms and predictive review techniques used to find relevant documents.  

Given TAR is cheaper, more efficient and superior to keyword searching, we will see its use exponentially rise to identify evidence that helps win a case. 

IN YOUR OPINION, TO WHAT EXTENT DO RECENT ADVANCES IN TECHNOLOGY HELP OR HINDER THE PROCESS OF ASSET RECOVERY?

The data explosion means the use of technology has to be embraced in order to ensure that data does not overwhelm but is effectively mined and exploited. Those who fail to embrace its advantages will lose out to opponents – including law enforcement agencies such as the UK’s SFO, who are using it to investigate quicker and globally. 

WITH THE MARKED INCREASE OF CYBERCRIME AND CYBERATTACKS IN RECENT YEARS, DO YOU THINK THIS WILL SEE A RISE OF ILLEGALLY OBTAINED DATA BEING ADDUCED IN CIVIL PROCEEDINGS?

The UK government has advocated “back door” access into new technologies. Any back door will invariable be discovered by the wrong people, increasing the frequency of the courts having to grapple with evidence obtained from computer hacking. Currently, the civil courts in England will admit illegally obtained evidence if it is relevant although the court will decide its weight and will require disclosure as to how it was obtained. Seeking to use unlawfully sourced material in civil proceedings is likely to rise but it brings risks outside the civil courtroom, including the risk of criminal prosecution.

Biographies:

Who's Who Legal Asset Recovery: Lawyers

Jane has over 25 years of experience of acting for claimants and defendants in fraud claims and a wealth of experience acting as a court appointed Supervising Solicitor re executing Search and Doorstep Delivery Up orders. Jane has managed numerous cases involving freezing, search, disclosure, gagging and delivery up injunctions.

Jane is ranked as a leading individual in The Legal 500 (2016) for civil fraud. The Legal 500 describes her as “outstanding” and “one of the standout litigators of her generation”; in addition, the guide states, “clients adore her tenacity." Chambers & Partners (2017) ranks Jane in Band 1 for civil fraud and states Jane is a "strong, strategic fraud litigator" and is considered "extremely tough" in litigation." Chambers & Partners reports that “clients appreciate her ‘no-nonsense attitude, and the way she gets to the heart of issues and helps us navigate through it in a straightforward, commercial and pragmatic way’." 

WWL: Asset Recovery (2017) names Jane as one of the "thought leaders" and comments: "Colston emerges as one of the market leaders in the London market thanks to her vast experience coordinating complex, cross-border fraud cases. As one client states: 'Jane's diligence and stamina are exemplary. She has been consistently able to withhold immense pressure, remain balanced and keep pushing back on the attacks of an extremely aggressive claimant.'"

Jane regularly speaks at international conferences, eg, the Annual Bar and Young Bar Conference in 2016; the C5 fraud, asset tracing and recovery conferences in 2016 and 2017; and the IBA litigation conference in 2017.

Jane is part of Brown Rudnick’s 14-partner civil fraud and white-collar crime litigation and regulatory team in London.

WWL says: Jane Colston emerges as one of the market leaders in the London market thanks to her vast experience coordinating complex, cross-border fraud cases.

This biography is an extract from Who's Who Legal: Asset Recovery which can be purchased from our Shop.

Who's Who Legal Litigation: Lawyers

Jane Colston specialises in complex and high-value commercial banking, contract and tort disputes as well as company, shareholders and partnership disputes.

Who’s Who Legal: Asset Recovery (2017) names Jane as one of the “thought leaders” and comments: "Colston emerges as one of the market leaders in the London market thanks to her vast experience coordinating complex, cross-border fraud cases. As one client states: ‘Jane's diligence and stamina are exemplary. She has been consistently able to withhold immense pressure, remain balanced and keep pushing back on the attacks of an extremely aggressive claimant’.”

The Legal 500 (2016) ranked Jane as a leading individual in for civil fraud and described her as "outstanding", "one of the standout litigators of her generation" and "a first class banking lawyer"; in addition, the guide states, "clients adore her tenacity." Chambers & Partners (2017) ranks Jane in Band 1 for civil fraud and states Jane is a "strong, strategic fraud litigator" and is considered "extremely tough" in litigation."

 

Jane is a solicitor-advocate in the Higher Courts in England and Wales and acts as a supervising solicitor appointed by the English Court in regard to the execution of search and door-step delivery up orders.

Jane frequently speaks at legal conferences including C5 Fraud, asset tracing recovery conferences, the Annual Bar conference and the International Bar Association's annual conference.  She is a committee member of the Commercial Litigators' Forum; a committee member of the Commercial Fraud Lawyers Association; a trustee of the International Law Book Facility; and publications officer of the International Bar Association’s litigation committee.

WWL says: Jane Colston is a key figure in the market and a leading expert on complex, high-end banking disputes.

This biography is an extract from Who's Who Legal: Litigation which can be purchased from our Shop.

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