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

Cases of note include: 

Re G&G Properties Ltd / Re Bankside Hotels Ltd [2020] 1 BCLC 1 - acted (with Daniel Lightman KC and Adil Mohamedbhai) for the respondents to three unfair prejudice petitions relating to substantial property development companies and a related proposed derivative claim.

Re Edwardian Group Limited [2019] 1 BCLC 171, [2019] EWHC 873 (Ch) & [2019] STC 1814 - acted (with Ian Croxford KC and Daniel Lightman KC) for the first respondent to a substantial unfair prejudice petition raising issues over two trials 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 KC 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.

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: 

Morina v McAleavey [2023] EWHC 1234 (Ch) - appeared unled at the hearing of a strike out application, application for permission to appeal and amendment application (arising in the context of a dispute as to beneficial ownership of BVI shares), each of which concerned the proper interpretation of s.423 of the Insolvency Act 1986, including whether the "claim" within the meaning of s.423(3) has to have a realistic prospect of success.

Kuwait Ports Authority & Anor v Port Link GP Ltd, Cayman Islands Court of Appeal No.2 & 3 of 2022, 20 January 2023 - assisted Clare Stanley KC and Kobre & Kim in proceedings alleging fraudulent breaches of trust and trust in relation to the management of the assets of an Exempted Partnership.

St John's Trust Company (Pvt) Ltd v Tamine [2018] EWHC 3629 (Ch) – appeared (with Dakis Hagen KC) for the corporate applicant in successful injunction proceedings against a former director which sought to freeze property subject to proprietary claims and the summary delivery up of company documents.  The applicant was granted costs in most part on the indemnity basis. 

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.

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: 

Morina v McAleavey [2023] EWHC 1234 (Ch) - appeared unled at the hearing of a strike out application, application for permission to appeal and amendment application (arising in the context of a dispute as to beneficial ownership of BVI shares), each of which concerned the proper interpretation of s.423 of the Insolvency Act 1986, including whether the "claim" within the meaning of s.423(3) has to have a realistic prospect of success.

Kuwait Ports Authority & Anor v Port Link GP Ltd, Cayman Islands Court of Appeal No.2 & 3 of 2022, 20 January 2023 - assisted Clare Stanley KC and Kobre & Kim in proceedings alleging fraudulent breaches of trust and trust in relation to the management of the assets of an Exempted Partnership.

St John's Trust Company (Pvt) Ltd v Tamine [2018] EWHC 3629 (Ch) – appeared (with Dakis Hagen KC) for the corporate applicant in successful injunction proceedings against a former director which sought to freeze property subject to proprietary claims and the summary delivery up of company documents.  The applicant was granted costs in most part on the indemnity basis. 

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 KC) 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 KC, David Blayney KC 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.

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:

Morina v McAleavey [2023] EWHC 1234 (Ch) - appeared unled at the hearing of a strike out application, application for permission to appeal and amendment application (arising in the context of a dispute as to beneficial ownership of BVI shares), each of which concerned the proper interpretation of s.423 of the Insolvency Act 1986, including whether the "claim" within the meaning of s.423(3) has to have a realistic prospect of success.

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 KC) in section 238 proceedings arising out of the liquidation of the makers of handheld computer gaming consoles.

Emma regularly advises and acts in trusts litigation, both in England and in offshore jurisdictions, including Bermuda, the Caribbean and the Channel Islands.  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 the estate of Scherbakov (Deceased)  – acted (with Dakis Hagen KC) for certain beneficiaries in complex high value international probate litigation in London and BVI.  Emma appeared unled at a number of hearings in 2022-2023, including (1) Re Scherbakov (Deceased) [2023] EWHC 440 in which Emma successfully opposed an appeal concerning the proper approach to disclosure of non-contemporaneous documents under PD57AD; and (2) Morina v McAleavey [2023] EWHC 1234 (Ch) concerning the proper interpretation of s.423 of the Insolvency Act 1986.

Wong v Grand View Private Trust Co & Ors (ongoing) - acting (with Dakis Hagen KC and Stephanie Thompson) for the Plaintiff in Bermudian proceedings concerning very substantial purpose trusts.  Decisions to date in the litigation include [2019] SC Bda 1 Com (preliminary issues); [2020] SC (Bda) 33 Com (inquity exception); [2020] SC (Bda) 52 Civ (purging contempt for breach of the implied undertaking); [2021] CA (Bda) 3 Civ (joint interest privilege); [2021] SC (Bda) 46 Com (hearsay evidence); [2021] SC (Bda) 32 Com (open justice); [2021] SC (Bda) 22 Com (witness preparation and iniquity exception); [2021] SC (Bda) 21 Com (pleading amendments); [2022] SC (Bda) 44 Com (trial judgment); and [2022] SC (Bda) 60 Com (costs).  The trial and costs judgment are currently on appeal to the Bermuda Court of Appeal.

Wong & Anor v Grand View Private Trust Co [2023] WTLR 149 - acted (with Dakis Hagen KC and Stephanie Thompson) for the successful appellants in the landmark Privy Council decision on the proper purpose doctrine in the context of powers to add and remove beneficiaries of a discretionary family trust.

Representation of SG Kleinwort Hambros Trust Company (CI) Ltd [2023] JRC 054 - assisting with parallel proceedings before the Royal Court of Jersey and the Royal Court of Guernsey concerning the potential restructuring of a series of trusts.

Representation of B & C [2022] JRC 086 - assisted with proceedings before the Jersey Royal Court seeking the removal of the protector of a series of Jersey and Guernsey trusts.

Re XYZ Trusts [2022] SC (Bda) 10 Civ - assisted Dakis Hagen KC in respect of proceedings concerning a very complex restructuring of a series of Bermuda law trusts.

HSBC v Tan Poh Lee, FSD175 of 2019, 7 November 2019 & 22 January 2020 - assisted in respect of an application for directions and Beddoe relief by the trustee of a Cayman Islands trust in respect of Singaporean proceedings, resulting in declarations as to the effect of the firewall legislation in the Cayman Islands.

Re B Trust, FSD0206 of 2017, 20 August 2019 - assisted Dakis Hagen KC in respect of proceedings concerning a very complex restructuring of, and distribution from, a very substantial Cayman Islands trust.

Re Z Trusts - instructed on behalf of Equity Trust (Jersey) Limited in novel proceedings relating to an "insolvent" Jersey trust.

St John's Trust Company (Pvt) Ltd v Tamine [2018] EWHC 3629 (Ch) – appeared (with Dakis Hagen QC) for the corporate applicant in successful injunction proceedings against a former director which sought to freeze property subject to proprietary claims and the summary delivery up of company documents.  The applicant was granted costs in most part on the indemnity basis. 

St Clair v King [2018] EWHC 682 (Ch) - acted 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 FLR 480 - 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.

Emma is regularly instructed in international / offshore litigation, including in Bermuda, the Caribbean and the Channel Islands.  She has previously appeared as junior counsel (ad hoc) in the Supreme Court of Bermuda.

Cases of note include:

Wong v Grand View Private Trust Co & Ors (ongoing) - acting (with Dakis Hagen KC and Stephanie Thompson) for the Plaintiff in Bermudian proceedings concerning very substantial purpose trusts.  Decisions to date in the litigation include [2019] SC Bda 1 Com (preliminary issues); [2020] SC (Bda) 33 Com (inquity exception); [2020] SC (Bda) 52 Civ (purging contempt for breach of the implied undertaking); [2021] CA (Bda) 3 Civ (joint interest privilege); [2021] SC (Bda) 46 Com (hearsay evidence); [2021] SC (Bda) 32 Com (open justice); [2021] SC (Bda) 22 Com (witness preparation and iniquity exception); [2021] SC (Bda) 21 Com (pleading amendments); [2022] SC (Bda) 44 Com (trial judgment); and [2022] SC (Bda) 60 Com (costs).  The trial and costs judgment are currently on appeal to the Bermuda Court of Appeal.

Wong & Anor v Grand View Private Trust Co [2023] WTLR 149 - acted (with Dakis Hagen KC and Stephanie Thompson) for the successful appellants in the landmark Privy Council decision on the proper purpose doctrine in the context of powers to add and remove beneficiaries of a discretionary family trust.

Representation of SG Kleinwort Hambros Trust Company (CI) Ltd [2023] JRC 054 - assisting with parallel proceedings before the Royal Court of Jersey and the Royal Court of Guernsey concerning the potential restructuring of a series of trusts.

Representation of B & C [2022] JRC 086 - assisted with proceedings before the Jersey Royal Court seeking the removal of the protector of a series of Jersey and Guernsey trusts.

Kuwait Ports Authority & Anor v Port Link GP Ltd, Cayman Islands Court of Appeal No.2 & 3 of 2022, 20 January 2023 - assisted Clare Stanley KC and Kobre & Kim in proceedings alleging fraudulent breaches of trust and trust in relation to the management of the assets of an Exempted Partnership.

Re XYZ Trusts [2022] SC (Bda) 10 Civ - assisted Dakis Hagen KC in respect of proceedings concerning a very complex restructuring of a series of Bermuda law trusts.

HSBC v Tan Poh Lee, FSD175 of 2019, 7 November 2019 & 22 January 2020 - assisted in respect of an application for directions and Beddoe relief by the trustee of a Cayman Islands trust in respect of Singaporean proceedings, resulting in declarations as to the effect of the firewall legislation in the Cayman Islands.

Re B Trust, FSD0206 of 2017, 20 August 2019 - assisted Dakis Hagen KC in respect of proceedings concerning a very complex restructuring of, and distribution from, a very substantial Cayman Islands trust.

Re Z Trusts - instructed on behalf of Equity Trust (Jersey) Limited in novel proceedings relating to an "insolvent" Jersey trust. 

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.

Emma has experience in Court of Protection matters and appeared in Re Z [2019] EWCOP 55 (an application for access to court documents in Court of Protection proceedings).

Emma regularly advises and acts in financial remedy proceedings involving trust and company law issues. 

Cases of note include:

HRH Louis Prince of Luxembourg v HRH Tessy Princess of Luxembourg [2018] 2 FLR 480 - 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.