Practice overview

Recommended by The Legal 500 as “one of the best senior juniors at the Commercial Chancery Bar”, Emily specialises in commercial disputes, fraud, trusts and professional liability.

Emily has extensive experience of high-value and complex matters. Many of her cases involve multi-party litigation with an international element. Recent cases have involved disputes in the Caribbean, the Channel Islands, Asia, Central America and Africa.

Emily acts both as sole counsel and as part of a larger legal team. Clients value her ability to communicate complex concepts in simple terms, both as an advocate and in her written work. She understands the importance of commercial pragmatism and works closely with her instructing solicitors and lay clients.

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 QC).
  • 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 QC).
  • 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 QC).
  • 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.

Download Commercial disputes CV

  • Quote symbolEmily is a KC in the making – incredibly smart and great to deal with.

    The Legal 500 2024

  • Quote symbolSmart, aggressive, really good to deal with and very responsive. She will be a big name in the industry in a few years’ time.

    Chambers & Partners 2024

  • Quote symbolEmily is a pleasure to work with. She is also extremely hard-working, and very bright.

    The Legal 500 2024

  • Quote symbolHer contribution to the matter was integral to providing the client with sound advice from an English law perspective, and she considered the case from all angles.

    Chambers & Partners 2024

  • Quote symbolEmily is very smart and understands her clients’ objectives and reputational and commercial drivers. She is very easy to work with and her advocacy is impressive – she inspires confidence.

    Chambers & Partners 2023

Commercial disputes insights & events View all thought leadership View all events

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    Events / Webinars

    Wilberforce Fraud, Trusts & Asset Recovery Conference 2023

    Wednesday 8th November 2023 | 12.45pm - 5.30pm, followed by drinks
    Courthouse Hotel Shoreditch, London

    £120 + VAT | 3.5 CPD

    View more

View all thought leadership View all events

Trusts, probate and estates: contentious

Emily’s expertise covers contentious and non-contentious trust issues. She is regularly instructed on high-value complex matters involving dishonest breaches of trust, sham trusts, failure to account, administration of trusts, claims for directions, constructive issues and the validity and effect of trust deeds and wills.

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

  • Quote symbolEmily is a KC in the making – incredibly smart and great to deal with.

    The Legal 500 2024

  • Quote symbolSmart, aggressive, really good to deal with and very responsive. She will be a big name in the industry in a few years’ time.

    Chambers & Partners 2024

  • Quote symbolEmily is a pleasure to work with. She is also extremely hard-working, and very bright.

    The Legal 500 2024

  • Quote symbolHer contribution to the matter was integral to providing the client with sound advice from an English law perspective, and she considered the case from all angles.

    Chambers & Partners 2024

  • Quote symbolEmily is very smart and understands her clients’ objectives and reputational and commercial drivers. She is very easy to work with and her advocacy is impressive – she inspires confidence.

    Chambers & Partners 2023

Trusts, probate and estates: contentious insights & events View all thought leadership View all events

  1. Placeholder

    Events / Webinars

    Wilberforce Fraud, Trusts & Asset Recovery Conference 2023

    Wednesday 8th November 2023 | 12.45pm - 5.30pm, followed by drinks
    Courthouse Hotel Shoreditch, London

    £120 + VAT | 3.5 CPD

    View more
  2. Placeholder

    Events / Webinars

    Wilberforce Trusts Litigation Day 2023

    Monday 23 January 2023 | 9am - 5.45pm followed by drinks and dinner
    InterContinental Hotel (and online via Zoom), InterContinental Hotel, One Hamilton Place, Park Lane, Mayfair, London W1J 7QY

    £360 + VAT/£299 + VAT | 6.0 CPD

    View more

View all thought leadership View all events

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

  • Quote symbolEmily is a KC in the making – incredibly smart and great to deal with.

    The Legal 500 2024

  • Quote symbolSmart, aggressive, really good to deal with and very responsive. She will be a big name in the industry in a few years’ time.

    Chambers & Partners 2024

  • Quote symbolEmily is a pleasure to work with. She is also extremely hard-working, and very bright.

    The Legal 500 2024

  • Quote symbolHer contribution to the matter was integral to providing the client with sound advice from an English law perspective, and she considered the case from all angles.

    Chambers & Partners 2024

  • Quote symbolEmily is very smart and understands her clients’ objectives and reputational and commercial drivers. She is very easy to work with and her advocacy is impressive – she inspires confidence.

    Chambers & Partners 2023

Emily's Details

BSB/VAT information

Registered name: Miss Emily Jane McKechnie
VAT number: 888050104

Privacy Notice pdf

Qualifications and Appointments

  • MA Law (First Class), St John’s College, Cambridge
  • LLM (First Class), St John’s College, Cambridge
  • Whitehead Scholar St John’s College, Cambridge
  • Wright Prize, St John’s College, Cambridge
  • Hardwicke and Lord Denning Scholarships, Lincoln’s Inn

Memberships

  • Commercial Fraud Lawyers Association
  • Chancery Bar Association
  • COMBAR
  • Association of Pension Lawyers
  • ACTAPS

Publications

  • ‘Pension trustees’ duties of care and skill’ (2009) Practical Law Company
  • ‘Trust to the Future’ ( 2007) New Law Journal Vol 157 (with Michael Furness KC)

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