James Ladbrook
    James Ladbrook
    Senior Practice Manager
    +44 (0)20 7419 6204
    Lyndon Tiller
    Lyndon Tiller
    Practice Manager
    +44 (0)20 7959 0895
    Contact the Practice Managers

    Emma has a broad commercial chancery practice in line with chambers’ profile. Her work covers a diverse range of complex disputes both in the Commercial Court and Chancery Division and in arbitration. Emma’s practice areas include general commercial disputes, company and trust disputes as well as aviation and civil fraud. Emma is also regularly involved in cases raising questions of private international law.

    Emma has experience as an advocate appearing as sole counsel before the English High Court and the County Court. Emma also has experience acting as part of large multi-counsel teams both in English and international litigation and in international arbitral proceedings.

    Before coming to the Bar, Emma studied law at the University of Cambridge graduating third in her year and receiving university prizes for Constitutional Law, EU Law and Conflicts of Laws. Emma then read for the BCL at the University of Oxford where she was awarded a Distinction and the Peter Birks Restitution Law Prize. Emma subsequently taught Contract Law at St Hilda’s college (Oxford) and worked as a research assistant for Professor Chen-Wishart.

    Her recent highlights include:

    • Optimares v Qatar Airways (2020 – ongoing): acting as junior counsel (led by Edward Cumming QC) in proceedings concerning the airline’s decision to terminate programmes for the design and manufacture of business class and economy aircraft seats; losses in excess of US$20 m are claimed. Emma has attended various interlocutory hearings as sole counsel.
    • Commercial court proceedings (2021 – ongoing) concerning claims to enforce foreign judgments, declarations concerning beneficial ownership and claims under sections 423-425 Insolvency Act 1986 (led by Daniel Warents).
    • Commercial court proceedings (2021 – ongoing) concerning a dispute between an investment bank and an Israeli data storage company where sums in excess of US$3m are in dispute. Emma acts as sole counsel.
    • Commercial court proceedings (2020 – ongoing) concerning the termination of a lease for ISO shipping containers. Emma acts as sole counsel.
    • Successfully resisting applications to vary a proprietary injunction in the Chancery Division (acting as sole counsel).
    • An LCIA Arbitration (2019 – ongoing) concerning the manufacturing of electronic components for flight refuelling systems (led by Steven Thompson QC).
    • An LCIA Arbitration (2019 – ongoing) involving international parties and nine consolidated claims relating to the manufacture and supply of aerospace components (led by Steven Thompson QC and Hugh Miall).
    • Cathay Pacific Airways Limited v Lufthansa Technik AG [2020] EWHC 1789 (Ch): a dispute involving claims arising out of the termination of a contract between two commercial airlines for the provision of jet engine maintenance services (led by Steven Thompson QC).
    • An LCIA Arbitration involving claims for breaches of trust, fiduciary duties, dishonest assistance and unlawful means conspiracy (led by Bajul Shah).

    Full details of Emma’s experience are set out below.

    Areas of experience

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    • Arbitration
      • Junior counsel in an LCIA arbitration concerning claims and counterclaims arising out of contracts for the manufacture of electronic components for flight refuelling systems.
      • Junior counsel in a claim involving multiple parties and allegations of breach of trust, dishonest assistance and unlawful means conspiracy, under the LCIA rules (led by Bajul Shah).
      • Junior counsel in nine consolidated claims involving international parties and contracts for the manufacture and supply of aerospace components, under the LCIA rules (led by Steven Thompson QC and Hugh Miall).
      • Emma also has experience of applications to court under sections 67 – 69 of the Arbitration Act 1996.
      • Prior to commencing pupillage, Emma was selected to represent Gray’s Inn at The Willem C. Vis International Commercial Arbitration Moot involving questions relating to arbitrator appointments and the ICSID and UNICITRAL arbitral rules. As well as appearing as an advocate at the final hearing in Vienna, Emma represented Gray’s Inn at the White & Cas Vis pre-Moot in London.
    • Aviation

      Emma has considerable experience of aviation disputes involving airlines, manufacturers and suppliers of aerospace parts and components and providers of maintenance, repair and support services, both in court and in arbitration.

      • Optimares v Qatar (2020 ongoing): acting as junior counsel (led by Edward Cumming QC) in proceedings concerning the airline’s decision to terminate programmes for the design and manufacture of business class and economy aircraft seats; losses in excess of US$20 m are claimed. Emma has attended various interlocutory hearings as sole counsel.
      • An LCIA Arbitration (2019-ongoing): claims concerning the manufacture of electronic components for flight refuelling systems (led by Steven Thompson QC).
      • Junior counsel in a consolidated involving international parties and contracts for the manufacture and supply of aerospace components, under the LCIA rules (led by Steven Thompson QC and Hugh Miall).
      • Acting for the successful claimant in Cathay Pacific Airways Limited v Lufthansa Technik AG [2020] EWHC 1789 (Ch), a dispute involving the construction of a contract between two commercial airlines for the provision of jet engine maintenance services and the test for the implication of terms of good faith and reasonableness into commercial contracts (led by Steven Thompson QC).
      • Junior counsel in a Commercial Court proceedings between international parties involving a contract for the supply of aircraft parts and components and the provision of repair and maintenance services (led by Steven Thompson QC).
      • Junior counsel in a claim for the return of part of the purchase price of aircraft paid in advance of delivery of aircraft (led by Steven Thompson QC).
      • Junior counsel in a claim by an airfield against a defendant local authority involving claims for breach of contract, restitution for unjust enrichment and losses consequential upon negligent misstatements (led by Andrew Holden).
      • Regularly instructed behalf of defendant airlines in EU Regulation 261/2004 claims.
    • Banking and Financial Services
      • Emma is presently instructed as sole counsel in Commercial Court proceedings concerning a dispute between an investment bank and Israel data storage company where more than US$ 3m is in dispute. The dispute concerns the terms on which the bank was appointed to write performance linked notes for end investors.
      • Emma has also been involved in (i) claim for sums due under a financial instrument upon the maturity date and (ii) mis-selling claims in relation to the sale of securities.
    • Civil Fraud, Asset Tracing & Recovery
      • Emma is presently instructed in Commercial Court proceedings concerning claims for the enforcement of foreign judgments, declarations of beneficial ownership and relief under sections 423 – 425 of the Insolvency Act 1986. Related proceedings are ongoing in other jurisdictions as well.

       

      • Emma has also acted in High Court proceedings in the Chancery Division involving applications for injunctive relief in claims for breach of trust.

       

      • Emma also has experience in drafting statements of case in a claim involving allegations of breach of trust, knowing receipt and dishonest assistance and elements of foreign law.

       

      • Emma has also acted as junior counsel in arbitral proceedings concerning claims in dishonest assistance, knowing receipt and unlawful means conspiracy.

      During pupillage, Emma has been involved in the following:

      • An application for injunctive relief against a former employee alleged to have been misappropriating company funds.
      • A claim for an injunction pending the enforcement of a foreign judgment, and an application for the appointment of a receiver and permission to serve out of the jurisdiction.
      • Tracing claims against recipients of misappropriated trust funds held on constructive trust following the rescission of contracts procured by fraud.
      • A proprietary claim for money paid into an escrow account and held on a Quistclose trust.
    • Commercial Litigation
      • Emma acts as sole counsel for an Israeli data storage company in a Commercial Court proceedings concerning the terms of its arrangement for performance linked notes with an investment bank.
      • Emma acts as sole counsel in Commercial court proceedings concerning the termination of a lease for ISO shipping containers.
      • Advising (as sole counsel) a high street retailer in relation to claims bought by its marketing agency for breach of contract.
      • Drafting (as sole counsel) statements of case in a construction dispute involving claims for breach of contract and in unjust enrichment.
      • Junior counsel in a claim by an airfield against a defendant local authority involving claims for breach of contract, restitution for unjust enrichment and loss consequential upon negligent misstatements (led by Andrew Holden).

      During pupillage, Emma was involved in a range of commercial matters with each of her supervisors, many of which raised questions of jurisdiction and issues of private international law, including:

      • Preparations for a trial concerning allegations that an oral contract (pursuant to which assets and their proceeds were held on trust) had been agreed between two former business partners.
      • A week long trial in the Queen’s Bench Division brought by a manufacturer against its distributor involving claims for breach of the agency agreement, breach of confidence and conversion.
      • A claim that investors were induced to invest in certain financial instruments by misrepresentations made to them by bank employees.
      • A knowing recipient claim by an investment company against a Saudi bank.

      Emma has a particular interest in private international law and issues relating to jurisdiction having been awarded the Herbert Smith Freehills Prize for Conflict of Laws whilst reading Law at Cambridge (2016). Whilst in practice Emma has been involved in:

      • Challenges to the jurisdiction of the English court in proceedings in the Commercial Court and Chancery Division.
      • Advising on the provisions for service and whether applications for permission to serve out of the jurisdiction are required.
      • Advising on the procedure for enforcing and recognising foreign judgments in this jurisdiction.
      • Advising on the application of Rome I and Rome II regulations and the applicability of foreign law.
    • Company
      • Emma has considerable experience acting in (and advising on) unfair prejudice petitions under ss.994-996 Companies Act 2006.
      • During pupillage, Emma gained a wide experience of Company Law matters and assisted, in particular, with claims for breaches of Director’s duties under the Companies Act 2006.
    • Insolvency
      • Emma is often instructed to appear in winding up and bankruptcy petitions as sole counsel. She also has experience attended preliminary hearings under CIGA 2020.
      • Emma also has experience of claims for injunctive relief to restrain the presentation of winding up petitions where the debt is disputed or the English court does not have jurisdiction, and has been involved in advising on the merits of applying to have a statutory demand set aside.
    • Trusts, Probate & Estates

      Whilst studying the BCL at Oxford, Emma read Advanced Property and Trusts where she explored various principles of trust law in both England and offshore jurisdictions. Her recent and current instructions include:

      • Advising a former trustee in a claim for breach of trust in Guernsey.
      • Advising a trustee on the scope of the principle established by Guardian Trust (1942) and assisting with a court application for directions under the court’s inherent jurisdiction to supervise the administration of trusts.

      During pupillage, Emma also gained a wide experience of trust litigation both in this jurisdiction and abroad. Her experience includes:

      • Assisting with an advice for executors on whether a Will created a valid charitable gift of the residuary estate in favour of numerous charities nominated in an accompanying letter of wishes. In particular, Emma researched the principles of construction that Courts apply in the charitable context and the Charity Commission’s role in directing schemes of distribution.
      • Assisting with an advice for trustees of an Employee Benefit Trust wishing to wind up the trust in circumstances where the economic settlors had revoked any continuing in the trust.
      • Assisting with an advice for a trust creditor seeking to recover a debt owed by former trustees where the trust was governed by law of St Kitts and Nevis. The case raised questions of jurisdiction and trustee indemnities.
      • Assisting with the preparation of submissions on cost orders against litigation friends.
      • Advising on the illegality in the trusts context and the effect of Patel v Mirza on the validity of trusts operating for an unlawful purpose.
      • Assisting with an advice for an executor on the partition of a trust estate pursuant to s.7 TOLATA 1996.
      • Assisting with research concerning the validity of purpose trusts in offshore jurisdictions and the principles that the courts apply when rectifying trust instruments.

    Other information

    • Academic history
      • BA Law (1st, 3rd in year), Sidney Sussex College, Cambridge (2013-2016)
      • BCL (Distinction) (Advanced Property and Trusts, Restitution of Unjust Enrichment, Commercial Remedies and Philosophical Foundations of the Common Law), Merton College, Oxford (2016-2017)
      • BPTC (Outstanding, 4th in year), City Law School, London (2017-2018)
    • Scholarships & prizes
      • Barstow Law Scholarship 2018 (City Law School)
      • Michael Beloff Essay Prize 2017 (Gray’s Inn)
      • Lord Justice Holker Award 2017 (Gray’s Inn)
      • Peter Birks Prize for Restitution 2017 (Oxford)
      • Pump Court Tax Chambers Scholarship 2016-2017 (Oxford)
      • Clifford Chance Prize for EU Law 2016 (Cambridge)
      • Herbert Smith Freehills Prize for Conflict of Laws 2016 (Cambridge)
      • ECS Wade (Constitutional Law) Prize 2014  (Cambridge)
      • Rebecca Flower Fund Scholarship 2015 (Cambridge)
      • Richard Akinjide Prize 2016 (Sidney Sussex, Cambridge)
      • A W Woolf Prize 2016 (Sidney Sussex, Cambridge)
      • Michael Lyndon-Stanford Prize 2014, 2015 (Sidney Sussex, Cambridge)
      • Leonard Coling Scholarship 2014, 2015, 2016 (Sidney Sussex, Cambridge)
    • Memberships

      COMBAR
      Chancery Bar Association