Overview

Emma has a broad commercial chancery practice, with a particular focus on domestic and offshore trust/probate litigation, civil fraud, commercial and company disputes.  She also regularly advises and appears as specialist Chancery counsel in financial remedy proceedings in the Family Division. Emma is often instructed to act as sole counsel in cases in the High Court and the County Court.  She is also regularly instructed as junior counsel in large-scale commercial and chancery litigation, both onshore and offshore, and has previously appeared (ad hoc) as junior counsel in the Supreme Court of Bermuda. 

Emma is ranked as an "up and coming" junior in Chancery: Traditional in both Chambers High Net Worth (2017 and 2018) and Chambers UK Bar 2018.  She was recently selected as one of Legal Week's Private Client Global Elite: Ones to Watch 2018 and she also featured in Legal Week's Stars at the Bar 2017, where she was listed as "highly recommended".

Areas of expertise

• Company
• Commercial Litigation
• Civil Fraud
• Chancery
• Insolvency
• Trusts and Probate
• Offshore

Recommendations

Quotes

Company

Emma has experience of a range of company disputes, including peitions under section 994-996 of the Companies Act 2006.

Cases of note include: 

Re Edwardian Group Limited [2018] EWHC 1715 (Ch) - acted (with Ian Croxford QC and Daniel Lightman QC) for the first respondent to a substantial unfair prejudice petition raising issues of quasi partnership, breach of fiduciary duty, minority discount and date of valuation. 

DAS UK Holdings v Paul John Asplin & Ors - acted for four of the defendants to claims based on breach of director/fiduciary duties by former directors of the claimant companies and consequent claims in knowing receipt and dishonest assistance.

Re Fi Call Ltd [2014] EWHC 779 (Ch) - acted with Daniel Lightman QC in this hotly contested shareholder dispute, successfully opposing an application for security for costs before Newey J on the basis that the costs associated with a section 994 petition and a cross-petition could not satisfactorily be disentangled.

Commercial Litigation

Emma acts and advises, both led and unled, on a wide range of commercial disputes. She has experience of a range of interim applications, including freezing injunctions and search orders.

Cases of note include: 

Superior Composite Structures LLC v Parrish [2015] EWHC 3688 (QB) - appeared unled for the defendant in a claim for the enforcement of a US$2 million judgment obtained in South Dakota.

DAS UK Holdings v Paul Asplin & Ors - acted for four of the defendants to claims based on breach of director/fiduciary duties by former directors of the claimaint companies and consequent claims in knowing receipt and dishonest assistance.

Civil Fraud

Emma has acted on a range of fraud disputes, including cases giving rise to issues of dishonest assistance, unconscionable receipt and conspiracy. She has experience of a range of interim applications commonly arising in fraud claims, including freezing injunctions and search orders. 

Cases of note include: 

Superior Composite Structures LLC v Parrish [2015] EWHC 3688 (QB) - acted unled for the defendant in a claim for the enforcement of a US$2 million judgment obtained in South Dakota.

In re Gizmondo [2014] EWHC 4640 (Ch) - acted (with Hugh Norbury QC) in a claim by liquidators of the company relating to allegedly fraudulent transactions at an undervalue. 

Constantin Medien AG v Ecclestone & Ors [2014] EWHC 387 (Ch) - appeared (with Philip Marshall QC, David Blayney QC and James Mather) for the claimant in a fraud claim that arose from the payment of $44m for Formula One cheif executive Bernie Ecclestone and his family trust to a senior executive of the German bank Bayerische Landesbank, which then owened a controlling stake in Formula One. 

Insolvency

Emma has previously advised on, and appeared in, a number of insolvency and bankruptcy proceedings in the High Court and County Court.

Cases of note include:

S P Holding Tractor Hire Limited v CVS (Commercial Valuers & Surveyors) Limited [2015] EWHC 3838 (Ch) - successfully opposed an application for an injunction to restrain presentation of a winding up petition and obtained an indemnity costs order against the applicant.

In re Gizmondo Europe Limited [2014] EWHC 4640 (Ch) - acted (with Hugh Norbury QC) in section 238 proceedings arising out of the liquidation of the makers of handheld computer gaming consoles.

Trusts and Probate

Emma regularly advises and acts in trusts litigation, both in England and in offshore jurisdictions, including Bermuda, the Caribbean and the Channel Islands. She is also regularly instructed as specialist trusts counsel in financial remedy proceedings in the Family Division. Emma also has experience of a range of probate matters, including contentious probate proceedings and applications for grants of administration, including discretionary grants under section 116 of the Administration of Estates Act 1925 and grants of administration where the deceased died domiciled abroad. 

Cases of note include:

Re Z Trusts - Instructed on behalf of Equity Trust (Jersey) Limited in novel proceedings relating to an "insolvent" Jersey trust. The proceedings have given rise to judgments on numerous issues, including the priority of competing trustee liens ([2018] JRC 119).

St Clair v King [2018] EWHC 682 (Ch) - acting for the defendants to probate proceedings raising issues of testamentary capacity, mutual wills, undue influence and fraud.

HRH Louis Prince of Luxembourg v HRH Tessy Princess of Luxembourg [2018] 2 FCR 209 - acted as Chancery counsel for the wife in respect of financial remedy proceedings raising issues including reporting restrictions and the right to respect for private life.

ND v SD & Ors [2018] 1 FLR 1489 - acted as Chancery counsel for the husband in respect of preliminary issues arising in the context of financial remedy proceedings, including whether a foreign trust was a sham, whether shares had been validly transferred into the trust and whether the transfers should be set aside under section 37 MCA 1973.

Hagen v Hagen - Appeared unled for a respondent in the substantial and much publicised divorce involving the family behind Viking River Cruises (settled confidentially). 

AF v MF & Ors [2016] EWFC 65 - acted as Chancery counsel for the husband in financial remedy proceedings, involving an offshore foundation and issues of "nuptial settlements", in which the wife alleged the husband was worth over £95 million but was awarded around £2 million following trial.

Trustee L and Others v Attorney General and Others [2016] Bda LR 35 - appeared at the costs hearing of this long running Beddoe application in Bermuda, the first to consider the proper stance of trustees of very substantial non-charitable purpose trusts faced with an adverse proprietary claim to the whole of their funds.

Qualifications

MA in Law, Selwyn College, University of Cambridge, including a year at Regensbury University, Germany (First class)

LLM in International Commercial Law, Univeristy College London (Distinction)

BPTC, Kaplan Law School (Outstanding; ranked top in the law school)

Former visiting tutor and examiner in the Law of Trusts at King's College London

Memberships

Chancery Bar Association

COMBAR

Publications

Languages

German, French

www.serlecourt.co.uk t: 44 (0)20 7242 6105   f: +44 (0)20 7405 4004 ehargreaves@serlecourt.co.uk