Practice

Emma joined Chambers in 2016 and has a busy and varied practice across the full spectrum of work undertaken by chambers, including commercial litigation, company law, insolvency, civil fraud, financial services and banking and finance.

She is equally happy working as junior counsel as part of a team, or as sole counsel, and regularly appears unled before the County Court and the High Court. She has recently returned from a Pegasus Scholarship with a law firm in Bermuda.

Practice areas

Banking & finance

Emma acts in disputes relating to the banking and finance industry, including:

  • Acted for the investors in McGraw-Hill International (UK) Limited v Deutsche Apotheker und ArzteBank and and RBS and others (with Daniel Toledano QC, James Goldsmith and Sophie Weber of One Essex Court and Sharif Shivji and Nicola Timmons of 4 Stone Buildings), a Commercial court claim by certain investors in CPDO notes against a bank and rating agency alleging negligence and negligent and fraudulent misrepresentations in relation to the rating of those notes.
  • Assisting (during pupillage) Robert Miles QC, Andrew de Mestre and Greg Denton-Cox in BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 Plc [2016] UKSC 29, an appeal in the Supreme Court involving the construction of redemption provisions in bonds that formed part of that bank’s regulatory capital.
  • Assisting (during pupillage) Sharif Shivji in relation to claims arising out of the purchase of credit linked notes (CLN).
  • Assisting (during pupillage) Andrew de Mestre in Hayfin Opal Luxico 3 SARL v Windermere VII CMBS Plc [2016] EWHC 782 (Ch), a three day Part 8 trial in the Financial List, on the construction of class X notes in CMBS structure.
Chancery: commercial

Much of Emma’s work involves commercial chancery elements:

  • Assisting (during pupillage) Peter Arden QC of Erskine Chambers and Hermann Boedinghaus in a two week trial in the Chancery Division for claims of breach of contract and breach of fiduciary duties.
  • Assisting (during pupillage) Greg Denton-Cox in the preparation of a 20-week trial of a $1 billion claim against directors brought by the liquidators of an insolvent Guernsey company.
  • Assisting (during pupillage) Andrew de Mestre in a claim involving the quantification of loss resulting from breach of fiduciary duties.
Commercial dispute resolution

Emma has been involved in a range of commercial disputes, in the County Court and High Court as sole counsel and as a junior as part of a larger counsel team. Her experience includes:

  • Advising and drafting statements of case in relation to a dispute arising from an alleged breach of a distribution agreement.
  • Acting in applications for interim remedies including injunctions and charging orders.
  • Acting on and assisting Sharif Shivji in an application for specific disclosure in relation to litigation before the Commercial Court in the British Virgin Islands.
  • Advising and acting in negligence claims against professionals including auditors and solicitors.
  • Assisting Robert Miles QC and Tom Gentleman in Tchenguiz v Grant Thornton UK LLP [2016] EWHC 865 (Comm), as part of the defence of a £2.2 billion claim of conspiracy.

During pupillage Emma assisted Tom Gentleman in a contractual claim pursuant to a swap agreement and in an appeal involving a hive-up of a company’s business and an alleged resulting indemnity.

Company law

Emma has a wide range of company law experience and frequently appears in the Companies Court. Her experience includes:

  • Advising on and drafting unfair prejudice petitions.
  • Acting in a claim brought against an alleged shadow director for breach of fiduciary duties.
  • Advising on lifting/piercing the corporate veil where a company is alleged to be a ‘sham’.
  • Advising company directors and liquidators of potential claims arising from the insolvency of a company.
  • Acting (led by Donald Lilly) in a claim for harassment and trespass against a minority shareholder.

During pupillage she assisted in a dispute between partners of a private equity partnership, in an application for directors’ disqualification and in an application brought by shareholders to convene a general meeting of a publicly listed company.

Financial services

Emma has experience of issues arising in the financial services industry, including:

  • Assisting (during pupillage) Andrew de Mestre in claims arising out of the €1 billion redemption of convertible preferential equity.
  • Assisting (during pupillage) Richard Hill QC and Sharif Shivji in Rafed Al Khorafi & ors. v Bank Sarasin-Alpen (ME) Limited & anor. (CA-008-2015) before the DIFC Court of Appeal relating to quantification of damages arising out of breaches of statutory duties in relation to investment advice and the sale of investment products by an investment bank.
  • Assisting (during pupillage) Charles Marquand in a misrepresentation claim involving financial services.
Fraud – civil

Emma regularly deals with matters containing allegations of fraud and dishonesty in the context of insolvencies and as part of her commercial chancery practice. Her experience includes involvement in claims for:

  • Breach of fiduciary duty
  • Dishonest assistance
  • Knowing receipt
  • Deceit
  • Fraud
  • Breach of trust
  • Unlawful means conspiracy
  • Fraudulent trading
Insolvency & restructuring

Much of Emma’s work includes insolvency elements and her experience includes:

  • Acting in various contested winding-up and bankruptcy petitions on behalf of creditors and debtors.
  • Acting (led by Donald Lilly) in an application to remove a supervisor of an IVA.
  • Acting in applications for charging orders, injunctions restraining the presentation of petitions and applications to set aside statutory demands.

During pupillage Emma assisted in an application to serve an interim charging order outside the jurisdiction, an application to annul a bankruptcy, and in insolvency proceedings and civil claims connected to the collapse of the Icelandic banking sector, including a liquidator’s section 236 application.

Emma has also contributed to Lexis Nexis’ Insolvency Rules 2016 forms, replacing the prescribed forms under the old rules

Offshore litigation

Emma has experience of claims with an international element and her work often involves jurisdictional issues. She has had involvement with matters arising out of the BVI, Hong Kong, Bermuda, DIFC, Isle of Man and Guernsey.

In 2017 she undertook a Pegasus scholarship to a leading Bermuda law firm, undertaking a broad range of tasks within the Dispute Resolution team on matters involving insolvency, banking, trusts, judicial review and competition law.

Additional info

Career & appointments

Chancery Bar Association
Commercial Bar Association
Young International Arbitration Group
London Irish Lawyers Association
Volunteer barrister for Company Insolvency Pro Bono Scheme, Bar Pro Bono Unit and CLIPS

 

Education & awards

BPTC (Outstanding, 2nd in year), University of Law
LLM (Commercial Law) (First Class), St Catharine’s College, University of Cambridge
LLB (First Class, 5th in year), Trinity College Dublin
Study abroad at Washington & Lee University, Virginia, USA

Pegasus Scholarship (Bermuda)
Lincoln’s Inn: Buchanan Prize, Levitt Scholarship, Sir Louis Gluckstein Advocacy Finalist, Sir Thomas More Bursary, Hardwicke Award
University of Law: Mistress of Moots Advocacy Scholarship, Law First Scholarship, Drafting Prize
St Catharine’s College: Gooderson Memorial Scholarship for Legal Practice, Kemp-Gooderson Prize, College Book Prize, Mrs Payne (1610) Scholarship
Trinity College Dublin: Entrance Exhibition

 

Publications

Co-author of Commercial Law and Financial Regulation [2016] UKSC Yearbook 314 (with Jonathan Crow QC and Lara Hassell)
Contributor to Lexis Nexis Insolvency Rules 2016 forms