Emily McKechnie

Civil fraud and asset recovery

Recommended by Legal 500 and Chambers & Partners as a leading junior for Civil Fraud, Emily is praised for being “really sharp” with “a great eye for detail” and “top quality strategic views”.

Emily has extensive experience of high value multi-party civil fraud proceedings, typically with an international element.

Notable recent cases include:

• The Public Institution for Social Security v Al Rajaan & ors – One of The Lawyer’s Top 20 Cases of 2025. Complex proceedings involving 46 parties concerning allegations that secret commissions worth approximately USD 1 billion were paid by banking and investment entities to the Director General of the public institution which operates Kuwait’s social security system and pension scheme. The trial has been listed for 40 weeks in the Commercial Court. The case is being argued under Kuwaiti, Swiss and English law. Emily acts for the 39th and 40th Defendants (with John Wardell KC, Tim Penny KC and John Grocott-Barrett).
• Harrington & Charles & ors v Jatin Mehta & ors – Multi-party proceedings concerning an alleged USD 1 billion fraud relating to a gold bullion credit facility advanced to a diamond company listed in India (with Thomas Grant KC).
  
  To date the dispute has involved a c. USD 1 billion freezing injunction, passport orders, disclosure orders, a challenge to the jurisdiction of the English courts, service out of the jurisdiction, consolidation, applications for strike out and summary judgment, an application to stay proceedings pending the resolution of proceedings in India and allegations of abuse of process. Legal issues have included claims for breach of constructive trust, breach of fiduciary duty by shadow directors, knowing receipt, dishonest assistance, claims under sections 212, 213 and 423 of the Insolvency Act 1986 and the application and effect of Indian law.
• Tulip Trading v Persons Unknown – Acting as lead counsel in proceedings brought by Craig Wright claiming Bitcoin worth approximately USD 4 billion on the basis that the cryptocurrency had been the subject of a sophisticated computer hack.
• Grupo Mexico SAB De CV & ors v Infund LLP – Proceedings concerning a fraud on the Registrar of Companies and use of an English LLP as a vehicle to pursue vexatious and abusive proceedings in Mexico. Applications were made to rectify the Companies Register and restore the LLP to the Companies Register (with John Wardell KC).
• Confidential – Norwich Pharmacal relief in the BVI in support of sham trust proceedings relating to an ultra-high net worth divorce and a claim to USD 2 billion in assets (with John Wardell KC).
• IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp – An 8 week trial concerning the enforcement in England of a USD 400 million Nigerian arbitration award, with allegations of fraud, forgery and misconduct by the arbitral tribunal (with Alan Gourgey KC).
• Cavendish Square Holdings BV v Makdessi – Committal proceedings concerning false statements made in a defence arising out of the famous penalties case of the same name (with Joanna Smith QC).
• Confidential – Acting as sole counsel for a Saudi Sheikh in a claim for fraud, breach of directors’ duties and breach of constructive trust concerning the operation of a company incorporated to facilitate a multimillion-pound joint venture.

Download Civil fraud and asset recovery CV

Trusts, probate and estates: contentious

Emily has particular expertise of contentious trust and fiduciary issues. She is regularly instructed on high-value complex matters involving dishonest breaches of fiduciary duty, sham trusts, failure to account, claims for directions, construction issues and the validity and effect of trust deeds.

Many of the cases in which Emily is instructed involve offshore trusts. She also advises upon trust issues arising in wider litigation, including commercial disputes and matrimonial cases.

Recent cases include:

• Acting for the wife of a very high net worth individual in matrimonial proceedings in a claim to assets worth approximately USD 2 billion. The issues include whether discretionary trusts established by the husband in the BVI, Jersey and the Isle and Man, are sham trusts or whether on their true construction they are bare trusts.
• ND v SD & ors [2017] EWHC 1507 (Fam) – Successfully representing the wife in matrimonial proceedings in a claim to assets worth over £70 million. The issues included:
  • whether discretionary trusts established by the husband in Cyprus were sham trusts;
  • whether property had been formally settled on trust under the laws of Cyprus;
  • the scope of discretionary powers under Cypriot law.
• Acting for the trustees of a Guernsey settlement in a claim involving:
  • removal of co-trustees;
  • an account of trust property;
  • disclosure of trust information;
  • a trustee’s entitlement to reasonable security;
  • the legitimacy of invoices rendered to the trust;
  • the interaction between a commercial arbitration clause and the court’s inherent supervisory jurisdiction.
• Acting for the object of a multimillion-pound discretionary trust in Bermuda. Issues included the failure to exercise discretionary powers to restructure trusts and the management of trust assets.
• Acting for the trustees of a multibillion-pound Bermuda settlement in complex proceedings concerning:
  • the validity and effect of a Bermuda trust;
  • the validity and effect of a Swiss family settlement;
  • allegations of breach of trust.
• Advising executors of a large English estate in relation to claims brought by a beneficiary alleging:
  • lack of mental capacity;
  • undue influence;
  • want of knowledge and approval.
• Advising executors in relation to a dispute concerning competing entitlements to the estate of a deceased man domiciled in the Isle of Man.
• Representing the estate of a deceased professional trustee in defence to a multimillion claim involving allegations of:
  • dishonest management of an English family settlement;
  • dishonest management of an English will trust;
  • dishonest management of two property investment companies;
  • deliberate concealment.
• Advising professional executors in connection with the administration of an estate amidst allegations that the will was executed under undue influence.
• Representing both claimants and defendants, including executors, in cases concerning the Inheritance (Provision for Family and Dependents) Act 1975.
• Advising on numerous claims concerning the validity of wills by reason of forgery, duress, incapacity, undue influence, and the satisfaction of formal requirements.

Download Trusts, probate and estates: contentious CV

Professional liability

Emily has an established professional liability practice acting for and against solicitors, barristers, directors, trustees, financial advisers and property professionals.

Recent cases include:

• Acting as sole counsel for an international bank in defence to a multimillion-pound claim for negligence and breach of fiduciary duty concerning the operation of a company investing in foreign property.
• Acting as sole counsel for a Saudi Arabian Sheikh in the pursuit of a claim for breach of fiduciary duty concerning the operation of a multimillion-pound property investment joint venture.
• Acting for a magic circle firm of solicitors in defence to a claim for negligence concerning the drafting of trust deeds (with Michael Furness KC).
• Representing two barristers (a silk and a senior junior) in defence to a claim arising out of advice given and representation provided in connection with a claim for compensation following a compulsory purchase order (with Jonathan Seitler KC).
• Defending a multimillion-pound claim for dishonest breach of trust and dishonest breach of fiduciary duty against a solicitor who acted as a trustee of a family settlement, trustee of a will trust, and director of a property investment company.
• Representing a barrister in defence to a claim arising out of advice given as to the effect of a receivership order granted in support of confiscation proceedings brought under the Criminal Justice Act 1988 (with John Wardell KC).
• Acting for a landed estate in a claim against two firms of solicitors and a barrister for negligent advice concerning the decision to take and retain possession of a hotel in central London (with Jonathan Seitler KC).
• Acting as sole counsel for a number of national mortgage-lending companies in a series of claims for compensation against solicitors and chartered surveyors relating to high-value commercial and residential loan transactions.
• Representing a firm of independent financial advisers in defence to a claim by trustees of an occupational pension scheme for professional negligence in relation to their dealings with a deferred annuity policy (with Michael Tennet KC).
• Acting for a leading construction management firm in a multimillion-pound claim for professional negligence against a national firm of structural engineers (with Joanna Smith QC).

Download Professional liability CV