Emma is a Legal Director in our finance disputes team and specialises in all aspects of banking and finance litigation. This includes representing lenders in a wide range of disputes with borrowers, dealing with complex recovery actions (including possession claims, guarantee claims and seeking injunctive relief), defending claims involving allegations of negligence, misselling of interest rate hedging products, misrepresentation, breach of trust, breach of fiduciary duties and/or regulatory breaches, professional negligence claims, fraud claims and insolvency litigation. Additionally, Emma advises on complaints to the Financial Ombudsman Service (FOS).
Emma regularly engages in settlement negotiations and mediation as a means of resolving disputes.
Her experience includes:
- Acting for a bank in successfully defending a £2.3 million claim for damages for breach of contract and/or negligence arising out of its alleged failure to arrange a valid life insurance policy on the joint lives of the customer and his wife prior to her becoming uninsurable. The Bank obtained an interim payment order against the claimant (and his insurers) for 90% of its costs.
- Acting for a bank in several High Court claims brought by investors who lost significant amounts of money investing in fraudulent schemes offered by the Bank's customer. Allegations include misrepresentation, negligence, breach of contract and/or dishonest assistance. These claims are of importance to the bank due to their high value and the reputational and regulatory issues. Also advising on related FOS complaints and potential recovery actions against Independent Financial Advisers.
- Acting for banks / building societies in relation to various mis-selling claims and related claims for consequential loss.
- Acting for a major bank on a complex recovery action involving a possession action, injunction proceedings to preserve the secured assets, defending proceedings brought against the LPA Receiver appointed over the Farm and a claim brought against the Bank for £1.5 million for alleged misrepresentation, undue influence, breach of duty and acting as a shadow director. Case settled after mediation.
- Successfully defending a £1.5 million damages claim brought against a major bank following their alleged breach of a collateral warranty to provide additional funding and/or misrepresentation. The bank obtained judgment on its counterclaim and costs, with an interim payment order against the Part 20 Defendant for £80,000.
- Acting for a major bank on a £1.3 million recovery action against six directors in relation to unsecured directors' loans.
- Acting for a number of banks on a range of professional negligence claims against solicitors and valuers.
- Year qualified: 2002
- Nottingham Law School – Legal Practice Course
- Newcastle University – LLB (2:1)