Emily McKechnie

Commercial disputes

Emily has a wealth of experience in high value and complicated commercial and business disputes, including fraud, complex contracts, fiduciary liability including directors’ duties, unfair prejudice, joint ventures, cryptocurrencies, breach of confidence, commercial property and arbitration.

Emily’s practice covers a wide range of interim relief, including freezing orders, Norwich Pharmacal / third-party disclosure orders, search orders, summary judgment / strike out, security for costs, committal proceedings, challenges to jurisdiction, and anti-suit injunctions.

Emily’s experience extends to issues frequently encountered in the context of insolvency and bankruptcy, including transactions to defraud creditors, preferences and transactions at an undervalue.

Emily is a robust advocate who applies commercial common sense to complex cases and has a strong tactical understanding of litigation.

Recent cases include:

• Harrington & Charles & ors v Jatin Mehta v ors – Complex 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 for a Seychelles company in connection with proceedings seeking to recover control over Bitcoin worth approximately USD 4 billion following the fraudulent misappropriation of cryptocurrency following a sophisticated computer hack.
• BGC Brokers LP & Ors v Tradition (UK) Ltd v Ors / Martin Brokers Group Limited v Bell & Ors – Proceedings for injunctive relief and damages concerning allegations of breach of confidence, breach of contract and breach of fiduciary duty relating to the transmission of information and a “team move” to a competitor inter-dealer broker. The case also raised novel points of law relating to without prejudice privilege and litigation privilege which were determined on a second appeal by the Court of Appeal in BGC Brokers LP & Ors v Tradition (UK) Ltd & Ors[2019] EWCA Civ 1937 (with Max Mallin KC).
• Grupo Mexico SAB De CV & ors v Infund LLP & ors – Proceedings concerning a fraud on the Registrar of Companies, rectification of the Register, an application to restore to the Register, and the use of an English LLP as a vehicle to pursue vexatious and abusive proceedings in Mexico (with John Wardell KC).
• IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp – The enforcement in England of a USD 400 million Nigerian arbitration award, including 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 (with Joanna Smith KC).
• Cavendish Square Holdings BV v Ghossoub – Proceedings for breach of noncompete covenants in a sale and purchase agreement. The case involved issues of construction, contractual penalties and forfeiture clauses (with Joanna Smith KC).
• Alam v Alam Investments Limited – Acting as lead counsel in a multimillion-pound dispute concerning unfair prejudice and constructive trusts relating to a series of supermarket and property investment companies.
• Webster v WPP Group (UK) Ltd – Acting for the world’s largest advertising group in defence to a multimillion-pound claim concerning the meaning and effect of an earn out provision in a sale and purchase agreement (with Yash Kulkarni KC and Joanna Smith KC).
• Acting as sole counsel for a major international banking group in defence to claims for negligence and breach of fiduciary duty relating to an investment in foreign real estate. Issues include allegations of breach of directors’ duties and reflective loss.
• Acting as sole counsel for an international commodities supplier in a dispute concerning the termination of a non-exclusive distribution agreement. The issues include challenges to jurisdiction, an anti-suit injunction and the consequences of contractual termination.
• Acting as sole counsel for a distribution company in a dispute concerning the consequences of the termination of an agency agreement, including rights to commission.
• Acting as sole counsel in relation to a complex unfair prejudice dispute concerning the operation of a series of multimillion-pound property investment companies.
• Acting as sole counsel in relation to an unfair prejudice dispute concerning a multimillion-pound farming enterprise.
• Acting as sole counsel for the managing director of a Guernsey listed company in defence to a claim relating to a proposed sale of shares.
• Francis v Knapper & ors – a claim for fraudulent misrepresentation and conspiracy to deceive arising out of the sale of property (with Jonathan Seitler KC).
• PCP Capital Partners Ltd & ors v Bogolyubov & ors – representing the claimants in a multimillion-pound contractual and restitutionary claim relating to the provision of services to facilitate a £173m investment in Dubai-owned property (with John Wardell KC).
• 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.
• Advising upon the meaning and effect of an arbitration clause in a commercial agreement against the background of a wider trust dispute in Guernsey.

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