Paul Emerson

Year of Call: 1984

Paul Emerson

Year of Call: 1984

Paul Emerson

Year of Call: 1984

Paul Emerson

Paul Emerson

Year of Call: 1984

Paul is a very experienced barrister with an expertise in commercial dispute resolution. He undertakes a mixture of commercial work in the Chancery Division, Queens Bench Division and the Commercial Court, as well as domestic and international arbitrations, including a number of ICC and Ad Hoc Arbitrations.

His practice also extends into Asia where he regularly advises various parties in proceedings before the Federal Court in Malaysia, which is their Apex Court, on matters which touch upon English Law topics or Concepts.

  • Commercial Litigation

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    Over the last 4 years Paul has been involved in a series of long Chancery trials and disputed Unfair Prejudice Petitions, as well as international and domestic arbitrations. Other work includes insolvency-related matters, partnership, shareholder, internal company as well as contractual disputes and professional negligence claims arising out of such disputes.

    Recent commercial cases

    • A Bank v B Company (2015) - claim in excess of US$10 Million by a Ghanaian Bank against an Indian Guarantor.
    • Re Multi Party Claim (2015) - advising on issues arising from the liquidation of a party and the related insured and uncovered claims.
    • Re a Property (2015) - advising with regard to the issues arising from the administration of a series of companies developing a multi-million pound site.
    • A v A British Overseas Territory (2015) - contractual claim arising out of oil exploration.
    • Company in Liquidation v B (2015) - defeating a claim by liquidators as well as obtaining a costs order against the liquidators themselves.
    • A v B (2014) - substantial dispute concerning bank’s failure to convert sterling at the time requested before a fall in the market.
    • A v B (2013) - dispute about a bank manager who was lending monies to bank customers at higher rates than offered by his employer after he rejected their formal loan applications.

    International:

    • Advising in disputes in Malaysia about issues concerning English Law or English Law Concepts including Federal Court (i.e. Apex Court decisions)
    • A v B (2014) - Federal Court case about need for finality and inconsistent decisions.
    • C v D (2014) - Federal Court case about Equitable Damages and measure of damages against a trespasser.

    Fraud

    • Re a PLC (2015) - complex dispute about a substantial PLC involving serious allegations involving a senior director and millions of pounds of missing funds.
    • A v B (2015) - obtaining enforcement of judgment by setting aside a sham transfer.
    • A V B (2015) - dispute about false Silver Hallmarks.
    • Mead v Simcocks (2014) - complex dispute where Executors were found to have removed and hidden in excess of £400,000 of cash so as to frustrate claim and avoid tax liability.
    • A Ltd V B Ltd & B (2014) - multi million pound claims for Breach of Agreements and fraud.
    • Re a Company (2014) - claim against Senior Director for removing company assets and under declaring income.
    • Re Spearmint Rhinos (2013) - allegations of fraud and dishonest receipt.
    • A v B (2013) – representing shareholders on claims arising from monies being diverted to other companies beyond the control of the main shareholders.
    • A v B (2013) - disputing fraudulent claim for over of £500,000 worth of alleged works and services allegedly provided.
    • A v B (2013) - advising on a claim against a struck off solicitor who had diverted substantial funds for own benefit.
    • Re Topworkman.com Limited (2011) - allegations of fraudulent misrepresentations.
    • JD Weatherspoon PLC v Van Ber Berg [2009] EWHC 639 Ch - fraud by land agents over JD Wetherspoon chain and the duties owed by directors to clients of their company.

    Recent Unfair Prejudice Petitions

    • Re a Company (2015) - advising on the appropriate remedies for the actions of the Board of the Holding Company Board and sister companies.
    • Re a Company (2015) - advising on a petition based on exclusion with dispute as to validity of shareholding.
    • Re a Company (2015) - advising on status and effect of leaver provisions and impact on section 994 Petition.
    • Re a Company (2014) - advising on merits of a petition commenced after shareholder/director removed due to gross misconduct.
    • In the Matter of NCS Holdings (UK) Limited (2013) - a Section 994 Petition that raised issues with regard to the conduct of subsidiary companies and the appropriate remedy.
    • In the Matter of Kilopress Ltd (2010) - dealt with the impact of Part 36 Offers in the context of Petitions.
    • In the Matter of CV Holdings (2010) - dealt with refusal to create a level playing field of information and conflicts between the petitioners.

    Recent Chancery disputes

    • Re a Property (2015) - a complex dispute conserving estoppels arising due to rent agreements before purchase of property.
    • P v P (2015) - multi party dispute with allegations concerning allegedly multi-million point estate spread around many jurisdictions and applications re foreign executors.
    • Re Noddings (2015) - attempts made to remove executor by token applicants directed by the killer of the deceased.
    • Harts v Burbidge [2013] EWHC 1628 (Ch) and Court of Appeal [2014] EWCA Civ 992 - challenges to life time gifts made by deceased to her daughter.
    • Parkinson v Fawdon [2009] EWHC 1953 Ch - Court's ability to construe or rectify a will when the named executor did not exist.
    • Noddings v Noddings (2013) - allegations against executors with regard to dissipation of assets and failure to insure estate property.
    • Re An Estate (2015) - extracting estate accounts from reluctant executors.
    • Re an Inheritance Act Claim (2015) - advising on claim by estranged step daughter claiming via Estate of Mother.
    • Re an Inheritance Act Claim (2015) - advising on claim by widow and stepchildren against adult children following a badly drafted will and agreement.
    • Re an Inheritance Claim (2014) - advising on claim by cohabitee against adult children involving missing assets.
    • Re an Estate (2014) - equitable claim for compensation by Legacy Hunters.
    • Re A Partnership (2014) - claims arising from dishonest acts of deceased partners discovered after death.
    • Re an Incorporated Association (2014) - disputes about operation of Articles and termination provisions.

    Earlier cases

    • Jemma Trust v Kippax Beamont Lewis [2005] EWCA Civ 248 - Court of Appeal decision about solicitors negligence in Court of Protection Application.
    • Clinicare v Orchard [2004] EWHC 1964 QB - misrepresentation claim about the treatment of dry rot.
    • Colonial Finance Limited v KSC Trading [2003] EWCA Civ 1593 - Court of Appeal decision about construction of a commercial agreement.
    • Bellamy v Central Sheffield University (2003) - Court of Appeal decision about a failed Wasted Costs Order and the costs.
    • Sharif v Garrett [2001] EWCA Civ 1269 - Court of Appeal decision about assessing loss of chance in a solicitors negligence case.
    • Barratt Homes v BBF Consultancy [2001] EWCA Civ 1155 - Court of Appeal decision about whether exchange of letters created a contract.
    • Profinance Trust v Gladstone [2001] EWCA Civ 1031 - Court of Appeal decision about award of interest in Unfair prejudice petitions.
    • Scottish Equitable v Derby [2001] EWCA Civ 369 - Court of Appeal decision about change of position defence and payments made under mistake.
    • Hylton Potts v Gemshore (2001) - application to rectify charge register as charge a sham.
    • Tanfern Ltd V Cameron-MacDonald (2000) - leading Court of Appeal Decision on Appeals under the CPR and related Procedure.
    • Roberts v Bentley Jennison (2000) - Court of Appeal decision revoking permission to appeal granted when Court not informed of all facts.
    • Target Holding v Oxborough (2000) - Court of Appeal decision about strike out for want of prosecution.
    • Ebert v Birch (1999) - Court of Appeal decision about vexatious litigants.
  • Employment

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    Paul advises on all aspects of non-contentious and contentious employment matters, representing clients in the Employment Tribunal and related High Court Litigation. This includes advising clients in advance of potential issues arising; preparing clients faced with the challenges of starting a business or advising with regard to the demise of a business and the challenges created by TUPE and the Acquired Rights Directive. In the past he has also advised on large scale collective redundancy plans, high level discrimination claims as well as the enforcement of restrictive covenants and garden leave clauses.

    Employment disputes include:

    • Many TUPE issues arising out of the relation between English subsidiaries of American/other Parent Companies and the problems of explaining TUPE to non-European employers.
    • ET Jurisdiction re employee working on a ship, yet never worked in the UK.
    • Determining the apportionment of liability under TUPE in respect of a fluctuating work force.
    • Claims of senior director to retirement package and shareholding where disputes as to correct version of agreement.
    • Claims arising in multi jurisdictions due to 5 agreements about or related to the employment of CEO with different applicable law.
    • Claims relating to “forced” relocation to Germany and use of without prejudice communications.
    • Claims of discrimination and bullying.
    • Claim arising from demise of Lehman Brothers in administration.

    Recent employment cases

    • CLC v BM (2015) - claim involving allegations that senior employee diverted contract to new prospective employer and used confidential information.
    • A v B (2015) - multi-million pound dispute about impact of Bad Leaver provisions.
    • Akhter Computers v Smith & P (2015) - opposed applications for injunctions by employer and had case struck out for repeated breaches of Orders and Directions.
    • Claims by English Senior Manager that discriminated by non-UK Management.
    • SSD v PVT & A (2014) - dispute about construction of employment terms and related duties.
    • A v B (2014) - application to stay ET proceedings pending chancery action for misfeasance.
    • C v D (2014) - application to stay ET proceedings pending unfair prejudice petition determination.

Memberships and Associations

International Bar Association:
Member since 2006, Committee Member and Officer since 2008

Academic

London University 1980-1983

Council of Legal Education 1984

Ver Heyden de Lancey Prize in Forensic Medicine 1984

Additional Information

Presented numerous lectures and seminars on a range of English Law topics at Annual Conferences in the UK and Far East.

Personal Interests

Fly fishing, walking in the Lake District, entertaining/amusing my wife and children