Practice

Emma has a busy commercial chancery practice and welcomes instructions in all areas in which Chambers specialises. She has particular interests in insolvency, civil fraud and company law.

She is equally happy working as junior counsel as part of a team, or as sole counsel, and regularly appears unled in the High Court and in the County Court, often acting in disputes in the Insolvency & Companies List and Business List of the Chancery Division.

Practice areas

Insolvency & restructuring

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

  • Acting and advising on claims to set aside transactions under sections 238 and 423 of the Insolvency Act.
  • Acting in various contested winding-up and bankruptcy petitions on behalf of creditors and debtors.
  • Acting in applications for charging orders, injunctions restraining the presentation and advertisement of petitions and applications to set aside statutory demands.
  • Acting (led by Donald Lilly) in an application to remove a supervisor of an IVA.
  • Assisting with a liquidator’s section 236 application in civil claims connected to the collapse of the Icelandic banking sector.

Emma has also contributed to Lexis Nexis’ Insolvency Rules 2016 forms, replacing the prescribed forms under the old rules, and is contributing to Loose and Griffiths on Liquidators 9th ed. (2019) (forthcoming).

 

Company law

Emma has a wide range of company law experience and frequently appears in the Insolvency and 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.
  • Acting in a dispute involving 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 in a family-run business.
  • Assisting in an application brought by shareholders to convene a general meeting of a publicly listed company.
  • Carlyle Capital Corporation Limited (in liq) v Conway [2017] (Guernsey) – (as a pupil assisting Greg Denton-Cox) a $2 billion claim brought by the liquidators against former company directors arising out of the collapse of the sub-prime mortgage market in 2008.
  • Assisting in an application for directors’ disqualification.
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 matters involving:

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

Examples of Emma’s recent instructions include:

  • Acting in a claim for breach of trust regarding the beneficial ownerships of shares.
  • Acting (with John Brisby QC and Tom Gentleman) for a group of Hong Kong companies in a claim for negligence brought against their former auditor for failure to detect frauds perpetrated against the companies by the former directors.
  • Chesterfield United (in liq) v Deutsche Bank AG [2016] – (as a pupil assisting Sharif Shivji) a claim involving dishonest assistance and knowing receipt arising from the sale and purchase of credit linked notes (CLNs).
Commercial dispute resolution

Emma is regularly instructed as junior counsel in large commercial disputes and her experience includes:

  • Advising and drafting statements of case in disputes arising from breaches of contract, for example distribution agreements, consultancy agreements and share purchase agreements.
  • Acting in applications for interim remedies including injunctions.
  • Acting in applications for specific disclosure in relation to ongoing litigation.
  • Advising and acting in negligence claims against professionals including auditors and solicitors.

Examples of Emma’s recent instructions include:

  • Akhmedova v Akhmedov [2018] DIFC – an appeal regarding the ability of the DIFC Court to pierce the corporate veil in order to found jurisdiction.
  • Robert Tchenguiz v Grant Thornton [2018] – assisting in the defence of the Commercial Court claim for £2bn alleging unlawful means conspiracy to procure an SFO investigation.
  • Playboy Club London v Banca Nazionale del Lavoro SPA [2016] – (as a pupil assisting Jeffrey Chapman QC and Andrew de Mestre) an appeal in the Court of Appeal regarding the application of the undisclosed principal rule in a claim for negligent misstatement.
Banking & finance

Emma acts in disputes relating to the banking and finance industry, her experience includes:

  • McGraw-Hill International (UK) Limited v Deutsche Apotheker & Ors(acting with Daniel Toledano QC, Sharif Shivji, James Goldsmith and others) 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.
  • BNY Mellon Corporate Trustee Services Ltd v LBG Capital No.1 Plc [2016] – (as a pupil, assisting Robert Miles QC, Andrew de Mestre and Greg Denton-Cox) an appeal in the Supreme Court involving the construction of redemption provisions in bonds that formed part of that bank’s regulatory capital.
  • Hayfin Opal Luxico 3 SARL v Windermere VII CMBS Plc [2016] – (as a pupil assisting Andrew de Mestre) a Part 8 trial in the Financial List, on the construction of class X notes in CMBS structure.
  • Rafed Al Khorafi v Bank Sarasin-Alpen (ME) Limited [2015] DIFC CA – (as a pupil assisting Richard Hill QC and Sharif Shivji) an 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.
Offshore litigation

Emma has experience of claims with an international element and her work often involves jurisdictional issues. She has been involved in matters in the BVI, Nevis, Hong Kong, Bermuda, the Dubai International Financial Centre (DIFC), the Isle of Man and Guernsey.

Emma undertook a Pegasus scholarship at the offshore firm Appleby in Bermuda for six weeks in 2017, working in the Dispute Resolution team on matters involving insolvency, banking, trusts and judicial review.

Additional info

Foreign Admissions

Rights of audience before the Court of the Astana International Financial Centre (AIFC) in Kazakhstan

Career & appointments

Memberships
Chancery Bar Association
Commercial Bar Association
International Women’s Insolvency & Restructuring Confederation (IWIRC)
Asset Recovery Next Gen
London Irish Lawyers Association
LCIA Young International Arbitration Group

Pro Bono
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

Contributor to Loose and Griffiths on Liquidators 9th ed. (2019) (forthcoming)

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