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Emily McKechnie

Call: 2005   

+44 (0)20 7306 0102emckechnie@wilberforce.co.uk

Commercial

Emily has a wealth of experience in matters concerning a range of commercial and business disputes, including cases concerning fraud, complex contracts, joint ventures, partnerships, quasi-partnerships, financial services, arbitration clauses and commercial property disputes. She is a robust advocate who applies commercial common sense to complex cases and has a strong tactical understanding of the conduct of litigation.

Emily’s experience incorporates the wide-ranging issues frequently arising in the context of insolvency and bankruptcy, including transactions to defraud creditors, preferences, transactions at an undervalue, validation orders, the valuation of contingent claims, receivers’ powers and duties and extension orders.

Cases in which Emily has recently been involved include:

  • 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.
  • Grupo Mexico SAB De CV & ors v Infund LLP & ors [2019] EWCA Civ 1673 A claim to rectify the Register of Companies on the grounds that Infund LLP was restored to the register by fraud and is being used as a vehicle to pursue vexatious and abusive proceedings in Mexico.
  • IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp – Proceedings concerning the enforcement in England of a $152 million Nigerian arbitration award, including allegations of fraud, forgery and misconduct by the arbitral tribunal (with Alan Gourgey QC).
  • Francis v Knapper & ors [2016] EWHC 3093 (QC) – a claim for fraudulent misrepresentation and conspiracy to deceive arising out of the sale of a holiday park in Cornwall (with Jonathan Seitler QC).
  • Advising the PPF in connection with its claim as a creditor in the proposed CVA for BHS (with David Allison QC)
  • Care London Ltd v Nationwide Building Society [2015] EWHC 3890 – acting for Nationwide Building Society in connection with a long-running claim for final charging orders. The issues included an alleged sale of the beneficial interest in property and a claim for relief under section 423 of the Insolvency Act 1986.
  • PCP Capital Partners Ltd & ors v Bogolyubov & ors – representing the claimants in a multi-million pound contractual and restitutionary claim relating to the provision of services to facilitate a £173m investment in Dubai-owned property (with John Wardell QC).
  • Advising upon the meaning and effect of an arbitration clause in a commercial agreement against the background of a wider trust dispute in Guernsey.
  • Andrews v Nationwide Building Society – representing Nationwide Building Society in a claim concerning the implication of terms into legal charge documentation and the effect of anti-set-off clauses.
  • His Majesty King Abdullah the Second King of the Hashemite Kingdom of Jordan v Carnwath & ors– acting for the Kingdom of Jordan in connection with a dispute concerning proprietary estoppel and rights to enfranchise commercial property.
  • Advising in relation to the power of a major financial services provider to refuse to award a final bonus under an annuity contract containing a guaranteed annuity rate.
  • Acting for the claimant in proceedings concerning the winding up of a partnership and an order for an account.
  • In the matter ofGatnom Capital and Finance Ltd – appearing for the petitioning creditor in connection with a dispute between two Russian nationals which concerned complex business transactions conducted through a number of English and offshore companies. Emily successfully obtained a non-party costs order against the sole director of Gatnom Capital & Finance in relation to costs incurred during proceedings to revoke a fraudulently-induced CVA (In the matter of Gatnom Capital, 29 November 2011, unreported, before Newey J).
  • Providing advice to a major port authority against the background of the PNPF Trust Co Ltdlitigation concerning its financial obligations to a pension scheme (with Timothy Howe QC).
  • Hayburn Rock Associates Ltd v The Norwich Union Life Insurance Company Ltd & ors – acting for a financial services provider in connection with a dispute over the provision of guaranteed annuity rates by Norwich Union and the duty to treat customers fairly under the FCA Handbook.
  • Acting for the claimant landowner in a claim for specific performance of a contract for the sale of land to a development company. The case also involved allegations of dishonest misrepresentation (with Jonathan Seitler QC).