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Emma is a commercial litigation and former insolvency lawyer. She conducts commercial litigation matters, such as breach of contract, professional negligence, procurement, injunctions and guarantee claims. Emma’s experience also extends to conducting a wide range of interim applications such as security for costs and summary judgment. Emma’s general commercial litigation experience spans to both the High Court and County Court.
Emma has acted on behalf of insolvency practitioners, lenders, private individuals and companies in contentious and non-contentious insolvency matters. She has advised on all aspects of claims brought by insolvency practitioners including transactions at an under value, voidable preferences, wrongful and fraudulent trading and breach of duty.
Emma has advised receivers and administrators regarding their appointments and also advises companies, banks and asset based lenders regarding their security and enforcement options.
- Acting in respect of a fraud action (in excess of £3m) involving the sale of an equity stake.
- Acting for an insolvency practitioner in respect of an injunction against unlawful occupiers of land.
- Conducting and advising as to a series of contested guarantee claims on behalf of a major lender.
- Acting for a large asset management/insurance entity in respect of the recovery of rent arrears.
- Conducting a large professional negligence claim (in excess of £5 – 10m) up to trial against property and legal professionals, including successfully conducting an appeal of a case management decision.
- Acting in respect of a large procurement action to challenge an award of a £1.2 billion government contract.
Emma qualified into the Insolvency, Restructuring and Recoveries and Property Litigation teams in September 2010 after completing her training contract with the firm. She joined the Commercial Litigation team in June 2017.
In 2012, Emma completed a one year secondment at a major commercial and retail bank, where she worked in its recoveries team.
No Variation clauses – are they cast iron?
Application of the Duomatic principle