"Highly proficient and practical."
(The Legal 500)
A skilled litigator, Emma has over 25 years’ experience of dealing with a variety of commercial disputes. She specialises in complex contract claims, minority shareholder litigation and multi party disputes.
Emma also has extensive experience of alternative dispute resolution and the use of mediation in particular as a method of resolving disputes. Her sensitive and skilled approach makes her ideal for tackling complicated, high value cases requiring a commercial perspective.
Emma is listed as a Recommended Lawyer in the Legal 500 (2019 Edition).
Emma has a long track record of experience in mediating disputes for both claimants and defendants.
She has been involved in many high value and complex cases where balancing the client’s best interests from a commercial perspective with their personal and other relationships required a sensitive and skilled approach.
- Handling the mediation of a claim against a national firm of insurance brokers for a company client. A long-standing relationship of trust and confidence had been broken and feelings were running high. Emma maintained a commercial focus to the dispute, while maximising the recovery for her client. This was vital in the face of substantial opposition, and her approach resulted in a settlement which exceeded the original parameters.
Emma has built up her expertise in the areas of Debt Recovery and Energy & Natural Resources.
She has dealt with complex debt and damage claims to infrastructure for a national energy supplier. She also managed the relationship and the bulk debt recovery work for debt and damage claims. Her work involved detailed knowledge of the particular legal issues involved, together with management of complex reporting and related IT issues.
- Damage to infrastructure that transports both gas and electricity often involves multiple parties and legal issues. These range from the liability of main and subcontractors to potential claims in both contract and negligence. One claim involved a seven figure dispute with three parties and issues regarding liability and quantum. The client’s reporting requirements in relation to the bulk debt work required Emma to work with them and the IT team to devise an appropriate system, to give the client the information needed within practical and technical constraints. This resulted in a complete overhaul of the existing system.
Emma has experience of minority shareholder claims and has dealt with the different issues that the value of a claim introduces. These can be technical claims requiring experienced advisers and an understanding of the practical, commercial and legal implications of disputes. Emma’s involvement in a variety of cases means that she is able to appreciate the issues involved and devise appropriate strategies.
- Representing a majority shareholder in a claim involving a claim of unfair prejudice. It also involved a linked employment claim relating to alleged ‘whistle-blowing’ and required the representation of the company involved in the dispute. Emma dealt with the claim by co-ordinating the two sets of proceedings, developing a strategy for the case and reviewing on a continual basis. Ultimately she attended a lengthy mediation of the dispute.
- Acting for a machine parts manufacturer in relation to a six figure warranty claim arising out of a sale and purchase agreement. This required the grasping of considerable technical and factual detail as well as the legal aspects of the claim. Emma ultimately negotiated a complex settlement agreement incorporating property issues.
- Acting for a textile business supplying to major high street retailers in relation to a dispute with its off-shore suppliers. This involved sums claimed (and counterclaimed) in respect of the quality and quantity of fabric supplied. Emma dealt with large volumes of documentation and a complex disclosure process as part of the claim.
- Acting for a supplier of heating components in a multi party dispute involving the manufacturer of the components, the installer and the main contractor on the construction project. Emma represented the client at a multi party settlement meeting and negotiated a complex settlement agreement.
- Acting for a company against a syndicate of insurers refusing cover after a claim on the policy following a major incident. This was an issue of great importance to Emma’s client, as the issues in the case impacted on the entirety of its cover across multiple sites. Despite strong opposition from insurers, at an early stage in the litigation the company recovered a seven figure sum following a successful mediation.
- Bringing and defending unfair prejudice claims on behalf of companies, shareholders and directors involving complex factual and legal issues. These are difficult disputes usually involving entrenched parties and personal relationships, which need to be carefully managed and handled sensitively and objectively. Emma’s commercial focus has assisted in achieving resolution of these disputes.
- Acting for a farming company in relation to a family dispute involving multiple parties and claims relating to corporate, property and trusts issues. This was an extremely complex case, involving consideration of numerous legal issues from planning to shareholder claims. Emma was able to deal with the competing interests of the various parties, whilst working with other lawyers and their clients. She ultimately negotiated a complex settlement agreement in relation to those claims.
- Dealing with a minority shareholder claim in the context of a high value divorce case. This involved complex legal issues, but also required balancing the client’s needs against commercial considerations in the presence of extremely difficult family relationships. The case also involved an appeal to the Court of Appeal.
Professional Negligence Claims
- Acting for an individual in relation to a professional negligence claim against former solicitors – which had resulted in a multi million pound judgment against them. This was a complex case involving overseas companies, property and insolvency issues and large amounts of documentation. Emma’s experience in terms of strategy and attention to detail was vital in dealing with this dispute.
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
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Contact: 03301 001 014