Emma specialises in all areas of commercial law with particular emphasis on insurance and reinsurance, conflict of laws, shipping, sale of goods, professional negligence and banking.

Emma frequently appears both on her own and as a junior in the High Court (usually in the Commercial Court, but also in the Queen’s Bench Division and London Mercantile Court), County Courts and appellate courts. In addition, a significant part of Emma’s practice is in confidential arbitration.

Recent instructions include:

• Emma was recently instructed as junior counsel (led by David Bailey Q.C.) acting for insurers in relation to a multi-million pound Commercial Court claim brought by a bank providing invoice discounting and factoring services.
• Emma recently appeared for the successful appellants as junior to David Bailey Q.C. in the Court of Appeal in a conflict of laws dispute concerning anti-suit injunctions: Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2011] 1 Lloyd’s Rep 399; [2010] EWCA Civ 1050;
• Emma was recently instructed to appear in a 3 month Commercial Court trial commencing October 2010 as junior to Gavin Kealey Q.C., Stephen Kenny Q.C. and John Bignall in a $150 million aviation insurance dispute (PK AirFinance US Inc v Chartis & Ors; and Blue Sky One Limited & Ors v Chartis & Ors).  It was claimed by the alleged owners and mortgagees of three Boeing 747 aircraft that the aircraft were lost when misappropriated by an Iranian airline: see, by way of background, Blue Sky One Limited and others v Mahan Air and others [2009] EWHC 3314(Comm) and [2010] EWHC 631 (Comm);
• Emma has recently appeared on her own in a 2 day High Court trial about the sale of goods;
• Emma recently appeared in a 2 week shipping arbitration concerning allegations of unsafe port in 2010 as junior to Richard Southern Q.C.;
• Emma has appeared in a 4 day arbitration as junior to Timothy Saloman Q.C. in a shipping law dispute;
• Emma has recent experience in various interlocutory applications such as freezing injunctions and antisuit injunctions.

Emma has a broad commercial practice and accepts instructions in all of Chambers’ areas of practice. The main areas of Emma’s practice are insurance and reinsurance, arbitration, dry shipping, conflict of laws, professional negligence (including insurance brokers and accountants), aviation, energy and commodities, sale of goods, injunctions and general commercial disputes.

Examples of Emma’s experience in each of the above areas are set out under “Selected Cases”.

If you are interested in instructing her on any particular matter, please contact her clerks.

2001-2004 BA Hons (Cantab) Law (MA 2008)

2004-2005 LLM in Commercial Law (Cantab)

Emma read Law at Sidney Sussex College, Cambridge University both as an undergraduate and postgraduate. She gained a First in the LLM in Commercial Law, coming top of her year at Cambridge University in International Commercial Litigation and second in her year in Commercial Insurance Law.  She was selected to represent Cambridge University at both mooting and debating.

Emma was awarded the Leonard Coling Scholarship and Lyndon Stanford Prize from Sidney Sussex College, Cambridge University.

She has been awarded the Denning, Cassel and Hardwicke Scholarships from Lincoln’s Inn.

Emma was a Supervisor in Contract Law at Gonville and Caius College, Cambridge University from 2005-2006.

Emma is a member of COMBAR and the London Shipping Law Centre.

Emma gives lectures on various areas of commercial law.

• Insurance & Reinsurance
• Arbitration
• Shipping
• Aerospace & Aviation
• Banking and Finance
• Jurisdiction/Conflicts of Laws
• General Commercial Disputes
• Commodities
• Injunctions & Arrests
• Injunctions & Arrests

A very substantial amount of Emma’s work is in insurance and reinsurance, in both Court and arbitration. Emma has experience of a wide range of insurance and reinsurance disputes. She has been involved in a number of very large cases in this area and is used to working as part of a team of lawyers in such cases as well as acting as sole counsel in smaller disputes.  Examples of some of the cases in which Emma is currently or has recently been instructed include:

Selected cases:

• Emma was recently instructed as junior counsel (led by David Bailey Q.C.) acting for insurers in relation to a multi-million pound Commercial Court claim brought by providers of invoice discounting and factoring services.
• PK AirFinance US Inc v Chartis & Ors; and Blue Sky One Limited & Ors v Chartis & Ors.  Emma was recently instructed as junior counsel (led by Gavin Kealey Q.C., Stephen Kenny, Q.C. and John Bignall) acting for insurers in an aviation insurance dispute in relation to claims for $150million brought in respect of the alleged theft or confiscation of 3 passenger aircraft in Iran.
• Emma is currently instructed acting for the insured, an exporter, in relation to a dispute concerning an insurance policy with the Export Credit Guarantee Department.
• Emma recently acted (as part of a team of counsel, led by David Edwards Q.C.)  for reinsurers of the captive of a major accountancy firm in an London arbitration concerned with claims arising out of the firm’s development and marketing of tax shelter schemes in the United States.
• Emma was recently instructed as junior counsel (led by Stephen Phillips Q.C.) in a high value reinsurance dispute relating to pharmaceuticals in the Commercial Court.
• Emma was recently instructed (as part of a team of counsel) in various reinsurance arbitrations including in respect of a number of related reinsurance arbitrations and in respect of a large reinsurance arbitration relating to a whole account excess of loss reinsurance programme.
• Emma was recently instructed as junior counsel (led by Robert Bright Q.C.) by insurers in 2 Commercial Court cases in relation to claims made for alleged loss of containers.
• Emma was recently instructed by a large supermarket, as junior counsel (led by Julia Dias Q.C.), in a claim relating to the provision of claims handling services.
  

Emma is experienced in arbitration (and related applications to Court) particularly in relation to reinsurance, shipping and commodities disputes, often on LMAA terms or LCIA arbitrations.

Selected cases:

• Emma recently acted (as part of a team of counsel, led by David Edwards Q.C.)  for reinsurers of the captive of a major accountancy firm in an London arbitration concerned with claims arising out of the firm’s development and marketing of tax shelter schemes in the United States.
• Emma was recently instructed (led by Richard Southern Q.C.), in a high value shipping arbitration which is listed for a 2 week arbitration in November 2010;
• Emma was recently instructed (as part of a team of counsel) in various reinsurance arbitrations including in respect of a number of related reinsurance arbitrations and in respect of a large reinsurance arbitration relating to a whole account excess of loss reinsurance programme.
• Emma was recently instructed (as junior counsel to Siobán Healy Q.C.) in a LCIA arbitration concerning a commodities dispute relating to delivery of a certain type of coal.
• Emma recently appeared in a 4 day arbitration as junior to Timothy Saloman Q.C. in a shipping law dispute;
• Emma was recently instructed (as junior counsel to Stephen Phillips Q.C.) in several LCIA arbitrations concerning commodities disputes.
• Emma was recently instructed as junior counsel in an arbitration which raises issues concerning compliance with the ISM Code.
• Emma also has experience of section 68 and section 69 applications challenging awards. 

Emma also has expertise in conflicts of laws issues arising in relation to arbitration and appeals from arbitration awards and in interim applications.  By way of example, she recently appeared as junior counsel in an application for an interim injunction pursuant to section 44 of the Arbitration Act 1996.

Emma also has experience assisting in relation to several mediations.

Emma frequently advises, settles statements of case and appears in arbitration (including on LMAA terms) and in court in shipping disputes. Cases in which Emma is currently or has recently been instructed include:

Selected cases:

• Emma recently appeared the Court of Appeal as junior counsel for the successful appellants (led by David Bailey Q.C.) in an appeal to from the decision to grant an anti-suit injunction: Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2010] EWCA Civ 1050. The case raised questions as to the nature of maritime liens;
• Instructed (led by Richard Southern Q.C.), in a high value charterparty arbitration.
• In a 4 day arbitration as junior to Timothy Saloman Q.C. in a shipping law dispute concerning a COA
• Emma recently appeared, as sole counsel, in a full day Commercial Court application to set aside judgment in a charterparty dispute worth several million US$.
• Emma recently appeared, as sole counsel, in a 2 day High Court trial in the London Mercantile Court (originally commenced in the Commercial Court) acting for the unpaid supplier of bunkers to a vessel in a claim against the time charterers of the vessel. This raised issues of conversion, bailment and unjust enrichment.
• Emma was recently instructed (led by Stephen Phillips Q.C.) in a large dispute concerning the payment of commission to ship brokers and shipbrokers. Emma was involved in drafting pleadings and appeared at a CMC.
• Emma recently appeared as sole counsel in a two day County Court trial involving 3 parties and relating to damage to a vessel on a slipway.

Selected cases:

• Emma was instructed to appear in a 3 month Commercial Court trial as junior to Gavin Kealey Q.C., Stephen Kenny Q.C. and John Bignall in a $150 million aviation insurance dispute (PK AirFinance US Inc v Chartis & Ors; and Blue Sky One Limited & Ors v Chartis & Ors).  It was claimed by the alleged owners and mortgagees of three Boing 747 aircraft that the aircraft were lost when misappropriated by an Iranian airline: see, by way of background, Blue Sky One Limited and others v Mahan Air and others [2009] EWHC 3314(Comm) and [2010] EWHC 631 (Comm);
• Emma recently appeared (as sole counsel) on behalf of FedEx in a trial on quantum concerning carriage of goods by air and the limit of liability under airway bills.
• Emma is recently appeared (as sole counsel) on behalf of Air Canada in a dispute concerning refusal to allow a passenger to fly.

Selected cases:

• Emma was recently instructed as junior counsel (led by David Bailey Q.C.) acting for insurers in relation to a multi-million pound Commercial Court claim brought by a bank providing invoice discounting and factoring services.
• Emma recently appeared (as sole counsel) on behalf of Barclays Bank Plc in a trial concerning the termination of a customer’s banking relationship.
• Emma recently appeared (as sole counsel) on behalf of Barclays Bank Plc in a trial concerning its procedures for identifying customers.
• Emma was recently instructed in a professional negligence claim against a well known bank.

In practice, Emma has experience of this area, having previously studied it both as an undergraduate and postgraduate and having come top of her year on this course (International Commercial Litigation) at Cambridge University in her LLM.  Recent examples of her cases in this area include:

Selected cases:

• Emma recently appeared the Court of Appeal as junior counsel for the successful appellants (led by David Bailey Q.C.) in an appeal to from the decision to grant an anti-suit injunction: Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2010] EWCA Civ 1050; 
• Emma recently appeared as junior counsel in an application for an interim injunction pursuant to section 44 of the Arbitration Act 1996.

Emma has been instructed in a wide range of general commercial disputes covering areas such as sale of goods, supply of goods and services, banking, aviation and commodities.  Her recent instructions include:

Emma is currently instructed in a multi-jurisdictional dispute concerning rights to oil and gas fields in the Middle East.

Selected cases:

• Emma was recently instructed as junior counsel in relation to a substantial shareholders dispute.
• Emma recently appeared (as sole counsel) in two trials heard together defending claims brought by self-employed owner-drivers alleging breach of their contract for services.  This involved Emma cross examining 5 witnesses.
• Emma recently appeared (as sole counsel) in a High Court trial relating to the sale of goods – Angara Maritime Limited v Oceanconnect UK :Ltd and Oceanconnect.com [2010] EWHC 619 (QB)
• Emma recently appeared (as sole counsel) to resist an application for summary judgment brought by a debtor against a guarantor of liabilities under a hire purchase contract.
• Emma frequently appears in various procedural/interlocutory applications including CMCs in the Commercial Court.  By way of example, Emma recently appeared as sole counsel in respect of an application for an unless order in the Queen’s Bench Division; and (again as sole counsel) recently resisted an application to set aside judgment entered in default of appearance in the Commercial Court.

Selected cases:

• Emma was recently instructed (as junior counsel to Siobán Healy Q.C.) in an LCIA arbitration concerning a commodities dispute relating to delivery of a certain type of coal.
• Emma was recently instructed (as junior counsel to Stephen Phillips Q.C.) in several LCIA arbitrations concerning commodities.
• Emma has also been instructed on other sale and charterparty disputes concerning the purchase of commodities.

Emma has experience in making and resisting applications for various injunctions.  She has recent experience of freezing injunctions, antisuit injunctions and applications under section 44 the Arbitration Act 1996 for interim injunctions.

Selected cases:

• Emma recently appeared the Court of Appeal as junior counsel for the successful appellants (led by David Bailey Q.C.) in an appeal to from the decision to grant an anti-suit injunction: Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2010] EWCA Civ 1050;

Emma has experience in making and resisting applications for various injunctions.  She has recent experience of freezing injunctions, antisuit injunctions and applications under section 44 the Arbitration Act 1996 for interim injunctions.

Selected cases:

• Emma recently appeared the Court of Appeal as junior counsel for the successful appellants (led by David Bailey Q.C.) in an appeal to from the decision to grant an anti-suit injunction: Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2010] EWCA Civ 1050;