Team Members

Avital Berger

Avital Berger

Associate

Avital advises a variety of clients, including corporate entities, high net worth individuals and charities. She has experience across a range of disputes, and advises on commercial litigation and arbitration, contractual disputes, property litigation, and public law matters. In particular, Avital has advised clients on a number of occasions on matters related to the interplay between Coronial Law and the Human Rights Act.

Avital studied Theology and Religious Studies at Cambridge University. She was awarded the Corrie and Otter prize and an Exhibition for outstanding work. Avital completed the GDL with Commendation and the LPC with Distinction.

Avital trained at Asserson and qualified in 2016 with higher rights of audience.

She lives in Tel Aviv and enjoys travelling, experimental cooking, and arts and crafts.

Examples of recent work

Arbitration

  • Acted for a global mining group in an LCIA arbitration worth c. $1.45 billion in relation to substantial mining rights in West Africa.
  • Acted for a major Israeli retail and real estate group against a large Russian Bank in an LCIA arbitration involving multi-jurisdictional claims relating to freezing injunctions as well as complex breach of contract and quantification of damages issues.
  • Acted for a large private equity company in an LCIA arbitration for breaches of loan agreements and guarantees; successfully obtained a WFO and a final award for damages of c. USD $25 million; assisted in the recovery of damages and enforcement of the award in several jurisdictions including Cyprus, Russia, Canada and the USA.

Public Law

  • Acted for several companies operating in the solar power industry in a claim brought against the UK Government under the Human Rights Act for damages in excess of £200 million. The case was identified by The Lawyer magazine as one of the top 20 cases to shape the legal landscape in 2018.
  • Acted in a high profile and ground-breaking claim for judicial review of a protocol issued by Senior Coroner Mary Hassell that she would not prioritise any death because of the religion of the deceased or family. In two landmark rulings, the Court decided that the protocol was ‘unlawful’, ‘irrational’, and ‘discriminatory’, and awarded costs to the Claimants: R (Adath Yisroel Burial Society and another) v Inner North London Senior Coroner [2018] EWHC 969 (Admin) and R (Adath Yisroel Burial Society and another) v Inner North London Senior Coroner [2018] EWHC 1286 (Admin). The case attracted widespread public and political interest, including from the Prime Minister and the Mayor of London, and was recognised as one of the most significant inquest cases of 2018.
  • Acted in a claim for judicial review brought against Senior Coroner Mary Hassell under Article 9 of the ECHR. The Court provided guidance on the correct legal approach coroners must take when faced with a religious objection to invasive post-mortem examinations: see R (on the application of Rotsztein) v HM Senior Coroner for Inner North London [2015] EWHC 2764 (Admin).

Contractual Disputes

  • Acted for Ms. Abramovich (former wife of well-known businessman Roman Abramovich) in a claim against her former executive manager, Ms Hoffmann, for breaches of contract, breaches of fiduciary duty, and restitution of tax. The case was settled on confidential terms in March 2019. Ms. Hoffmann accepted that tax was paid by Ms. Abramovich on her behalf, and withdrew all allegations made against Ms. Abramovich in the High Court litigation and in the Employment Tribunal.
  • Acted for a high net worth individual in a claim brought under the Insolvency Act, in connection with Cypriot proceedings, for the recovery of $53 million in damages arising out of the breach of a partnership and joint venture agreement to purchase and develop properties in the Ukraine.
  • Acted for a company in relation to claims of fraud, breach of fiduciary duty and conspiracy; simultaneously acting for liquidators of a related company in the Isle of Man against a large firm of solicitors for the recovery of damages arising out of professional negligence and breach of trust.

Property Litigation

  • Defended a claim relating to environmental issues against a long-established global supplier with a worldwide turnover of c. USD $15 billion.
  • Defended a large property developer in a complex claim in the Technology and Construction Court involving allegations of property damage due to water ingress and concrete corrosion.

Dispute Resolution Client
Avital Berger…assisting Trevor Asserson, has been outstanding.