Emily Husain

Areas of expertise

• Commercial dispute resolution
  • Banking & finance

    Banking & finance

    Emily has considerable experience of disputes involving financial institutions including commercial disputes, applications for disclosure and professional negligence as well as regulatory proceedings.

    Recent work

    • Bilta UK Ltd (in liquidation) v SVS Securities Plc & Ors: international fraud claim involving wide ranging claims of fraud and dishonesty against financial institutions and individuals arising out of MTIC carousel fraud and trading in EUAs.
    • Eleanor Fisher & Gordon MacRae v KPMG (UK) Ltd & David Yim: the joint liquidators of the Cayman based Primeo fund successfully applied for a third party disclosure order in respect of information relating to proceedings against HSBC entities in Cayman.
    • Anne O’Keefe & Alistair Beveridge v Cevdet Caner & Ors: breach of duty and negligence claims against the directors of a Jersey asset management company.
    • LIBOR misrepresentation and misselling claims.
    • Interest rate swap disputes for both banks and claimants.
    • Cases relating to the Consumer Credit Act 1974.
    • Financial and regulatory and disciplinary proceedings brought by the FCA.
  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    Civil fraud and asset tracing form a major plank of Emily’s practice.  She has handled both domestic and international disputes, handling inter alia applications for disclosure and freezing orders.

    She has particular experience of claims involving conspiracy and dishonesty. She is also well versed in related claims for breach of duty and shareholder disputes.

    Her expertise extends to MTIC carousel fraud and push payment fraud.

    Recent work

    • Acting as sole counsel for the Claimant in a multi-day trial involving multiple defendants, concerning claims in conspiracy, deceit and mistake (June 2023).
    • Pipia v BGEO Group Limited: claims for $300m in Commercial Court proceedings brought by a Georgian businessman against the English branch of a Georgian financial institution.
    • Bilta UK Ltd (in liquidation) v SVS Securities Plc & Ors: international fraud claim involving wide ranging claims of fraud and dishonesty against financial institutions and individuals arising out of MTIC carousel fraud and trading in EUAs.
    • Avonwick Holdings Ltd & Ors v Castle Investment Fund Ltd & Ors: unlawful means conspiracy claim involving multiple jurisdictions including Saint Vincent and the Grenadines and the BVI.
    • SCOR SE v Barclays Bank: breach of confidence under English and French law.
    • Claim for breach of confidence and breach of contract in relation to the alleged misuse of confidential technical and commercial information relating to aircraft design.
  • Commercial arbitration

    Commercial arbitration

    Emily has a particular interest in arbitration and has been involved in a variety of different procedures including most recently LCIA arbitrations involving the Ukrainian oil and gas industry and also an energy dispute involving the UK solar farm industry.

  • Commercial litigation

    Commercial litigation

    Emily is first and foremost a commercial disputes lawyer.  Her experience covers a large number of complicated disputes, both domestic and international, and ranging from breach of contract to shareholder disputes.

    She has particular expertise in civil fraud and banking and finance related disputes (more detail of which is shown in those parts of her profile).

    Recent work

    • Acting for the successful Defendant as sole counsel in a trial concerning sale of goods, which involved claims in misrepresentation and breach of contract against the seller (March 2023).
    • Advising in a case concerning claims for restitution and conversion in respect of both money and chattels.
    • Pipia v BGEO Group Limited: claims for $300m in Commercial Court proceedings brought by a Georgian businessman against the English branch of a Georgian financial institution.
    • Avonwick Holdings Ltd & Ors v Castle Investment Fund Ltd & Ors:unlawful means conspiracy claim involving multiple jurisdictions including Saint Vincent and the Grenadines and the BVI.
    • Bilta UK Ltd (in liquidation) v SVS Securities Plc & Ors: international fraud claim involving wide ranging claims of fraud and dishonesty against financial institutions and individuals arising out of MTIC carousel fraud and trading in EUAs.
    • Pamplona Strategic Investments Ltd v International Standard Asset Management & Ors: a wide ranging shareholder dispute.
    • SCOR SE v Barclays Bank: breach of confidence under English and French law.
    • Eleanor Fisher & Gordon MacRae v KPMG (UK) Ltd & David Yim: the joint liquidators of the Cayman based Primeo fund successfully applied for a third party disclosure order in respect of information relating to proceedings against HSBC entities in Cayman.
    • Anne O’Keefe & Alistair Beveridge v Cevdet Caner & Ors: breach of duty and negligence claims against the directors of a Jersey asset management company.
    • Toucan Energy Holdings & Anor v Wirsol Energy Ltd & Ors [2021] EWHC 985 (Comm). Emily was instructed as junior counsel in 2020 in the five-week trial of a technically complex and high-value dispute within the UK renewable energy sector, involving claims of approximately £50m.
  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    Emily has experience in partnership disputes and proceedings concerning joint ventures. Recently Emily has been involved in:

    –       a substantial multi-jurisdictional shareholder dispute concerning CIS mining interests.

    –       acting for the claimant in proceedings involving parties disputing the terms of a commercial joint venture, including allegations of dishonesty and breaches of duty.

    –       advising in relation to dissolution of a partnership in the context of threatened proceedings for breaches of fiduciary duty.

     

• Construction & engineering
  • Construction & engineering

    Construction & engineering

    Emily handles a wide variety of disputes in the construction sector and is regularly instructed unled in both the TCC and County Courts.  Emily frequently advises and acts for parties in professional negligence claims against construction professionals including architects and quantity surveyors. Emily is often instructed in adjudication proceedings, both bringing and defending adjudications as well as enforcing adjudication decisions in the TCC. Emily has a particular interest in the energy sector (see Energy & Renewables tab), however she frequently handles disputes in a broad range of sectors in the construction industry.

    Recent work

    • Advising a firm of quantity surveyors in relation to the provision of professional services and interpretation of a construction contract.
    • Advising a firm of construction professionals in relation to solicitor and lay client liability for payment of expert’s fees.
    • Advising on insurance coverage in relation to flood damage at domestic premises.
    • Drafting Particulars of Claim in a dispute over a block of garages that had been badly constructed following a reinstatement claim, causing flooding and water damage to the adjoining garage and car park.
    • Drafting Particulars of Claim concerning a residential claim where demolition of a roof led to water ingress and damage through the roof and wall of an adjoining property.
    • Advising and drafting proceedings in relation to claims against a firm of architects for professional negligence in a residential construction project.
    • Drafting a Defence and Counterclaim for a commercial construction dispute involving water damage to a large barn-style residential property through inadequate design and poor construction.
    • Drafting a Defence and Counterclaim in respect of a flooded car park on an industrial estate caused by drainage issues not remediated during a first round of remedial work.
    • Acting in adjudications including successful challenges to adjudications on jurisdictional grounds, claims by contractors and employers and multiple adjudications arising out of the same construction projects.
    • Advising in relation to setting off claims in a complex multi-building commercial construction relationship.
    • Advising on claims against conveyancing solicitors for negligence-related to planning permissions.
    • Acting as sole counsel in the two-day trial of a dispute concerning a domestic property redevelopment and involving issues relating to the Consumer Rights Act 2015.
    • Advising in relation to contractual termination of construction contracts.
    • Emily was instructed in Toucan Energy Holdings Limited v Wirsol Energy Limited & Ors [2021] EWHC 895 (Comm), a £50m claim in which she was led by Craig Morrison KC of Brick Court – this was a significant claim for, inter alia, construction defects and damage from water ingress into substations at UK solar farms due to allegedly defective designs and construction errors.
  • Adjudication

    Adjudication

    Emily has considerable experience acting as sole counsel in adjudications and is regularly instructed to both defend and pursue claims. Emily’s experience includes adjudications fought on the basis of legal and contractual questions, as well as more practical construction issues. Emily has particular expertise in adjudications involving complex factual and technical matters including architectural drawings, structural soundness and engineering failures, claims in respect of water damage, roofing construction, demolition and concrete (in industrial and domestic contexts). Emily also has extensive experience of successfully pursuing jurisdictional challenges to adjudications, and both defending and responding to jurisdictional defences in the context of adjudication enforcement in the TCC.

    Emily’s recent adjudications include:

    • Successfully defending an adjudication brought by a contractor seeking to vary the contract price of a construction project by over 100%.
    • Defending multiple adjudications brought in respect of the same roofing construction project, including successfully inducing the referring party to withdraw an adjudication after a jurisdictional challenge.
    • A successful referral by a main contractor for outstanding fees in respect of a domestic renovation and extension project resulting in a substantial award to the contractor.
    • A high-value dispute concerning industrial construction of a concrete slab, in which she successfully brought two jurisdictional challenges causing the adjudicator to resign.

    ---

    Recent adjudication enforcement proceedings in the TCC include:

    • Successfully enforcing an adjudication decision on behalf of a firm of quantity surveyors in respect of unpaid fees for professional services.
    • Successfully obtaining summary judgment on multiple adjudication decisions providing for payment of the adjudicator’s fees, where the parties have failed to pay in accordance with those decisions.
    • Enforcing an adjudication decision where the defendant unsuccessfully argued jurisdictional and substantive defences including allegations of breaches of natural justice and bars to enforcement including insolvency.
  • Construction arbitration

    Construction arbitration

    Emily has a particular interest in arbitration generally.  As regards construction claims, she was recently involved in a multi-jurisdictional dispute concerning breaches of contract, in the context of construction of solar farms in the UK.

    Emily is currently instructed in a high-value construction arbitration based in the Bahamas concerning a multi-property development.

  • Energy & renewables

    Energy & renewables

    Disputes relating to the energy and renewables market are a specific area of interest for Emily.

    Emily was instructed by Wirsol in Toucan Energy Holdings & Anor v Wirsol Energy Ltd & Ors [2021] EWHC 895 (Comm), a breach of contract dispute concerning the sale and construction of a UK solar park portfolio, in which the Defendant, Wirsol, resisted claims for approximately £60m and successfully brought substantial counterclaims.

    Emily has also been instructed in relation to disputes between consumers and heat suppliers, including giving advice as to the UK statutory regime.

    Other recent instructions include claims by national energy companies against commercial and individual consumers.

• Insolvency & restructuring
  • Corporate insolvency

    Corporate insolvency

    Emily regularly encounters insolvency-related issues and has good experience of both personal and corporate insolvency proceedings, particularly internationally.

    Emily is also routinely instructed as sole counsel in the High Court and County Court in relation to winding up petitions, as well as a broad range of applications brought under the insolvency regime.

    Recent work

    • Bilta UK Ltd (in liquidation) v SVS Securities Plc & Ors: international fraud claim involving wide ranging claims of fraud and dishonesty against financial institutions and individuals arising out of MTIC carousel fraud and trading in EUAs. A large number of insolvency applications resulted.
    • Avonwick Holdings Ltd & Ors v Castle Investment Fund Ltd & Ors: unlawful means conspiracy claim involving insolvent companies in multiple jurisdictions including Saint Vincent and the Grenadines and the BVI.
    • Eleanor Fisher & Gordon MacRae v KPMG (UK) Ltd & David Yim: the joint liquidators of the Cayman based Primeo fund successfully applied for a third-party disclosure order in respect of information relating to proceedings against HSBC entities in Cayman Islands.
  • Personal insolvency

    Personal insolvency

    Emily handles personal insolvency claims, usually in relation to a wider commercial claim, but is also regularly instructed as sole counsel in relation to bankruptcy proceedings in the High Court and County Court, including multi-jurisdictional matters.

    Emily regularly acts in contested bankruptcy proceedings, including applications to set aside statutory demands and annul bankruptcy petitions

    Recent work

    • Avonwick Holdings Ltd & Ors v Castle Investment Fund Ltd & Ors: unlawful means conspiracy claim involving multiple jurisdictions including Saint Vincent and the Grenadines and the BVI as well as a large number of related personal insolvency claims.
    • Mr Jeremy Mark Willmont and Ms Emma Sayers (n their capacities as Joint Trustees in Bankruptcy of Mikhail Shlosberg) v Elm International Ltd & Ors: extensive multi-jurisdictional set of proceedings brought against trusts and individuals (Emily acted for Mr Shlosberg) for declaratory and proprietary relief.
• Trusts including TOLATA

  Trusts including TOLATA

  Mr Jeremy Mark Willmont and Ms Emma Sayers (n their capacities as Joint Trustees in Bankruptcy of Mikhail Shlosberg) v Elm International Ltd & Ors: extensive multi-jurisdictional set of proceedings brought against trusts and individuals (Emily acted for Mr Shlosberg) for declaratory and proprietary relief.

• Professional liability
  • Financial professionals, insolvency professionals, directors & officers

    Financial professionals, insolvency professionals, directors & officers

    Emily handles professional negligence claims for both claimants and defendants in relation to issues involving financial and insolvency professionals.

    Recent work

    • Anne O’Keefe & Alistair Beveridge v Cevdet Caner & Ors:breach of duty and negligence claims against the directors of a Jersey asset management company.
  • Property & construction professionals

    Property & construction professionals

    Emily has experience of claims for professional negligence or misconduct of professionals including architects, surveyors, conveyancing solicitors and construction project managers and is regularly instructed as sole counsel in such disputes.

    Recent work

    • Acting as sole counsel in a dispute regarding allegations of professional negligence by a firm of architects overseeing a domestic redevelopment in London.
    • Advising on claims for negligence against firm of conveyancing solicitors concerning breaches of planning regulations.
    • Drafting pleadings for claims against a firm of project managers regarding allegedly defective drainage installed at multiple residential properties.
  • Legal professionals

    Legal professionals

    Emily has experience of claims involving allegations of professional negligence or misconduct against legal professionals and has been instructed as sole counsel in such disputes.

    Recent work

    • Advising on claims for negligence against firm of conveyancing solicitors concerning breaches of planning regulations.
• International

  International

  Emily has wide-ranging international experience of commercial disputes and insolvency proceedings internationally including specifically the Cayman Islands, BVI, Bermuda, Channel Islands, Bahamas, St Vincent and the Grenadines.