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Emily Gailey

Call: 2017

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Overview

Emily has a thriving commercial chancery practice, with an emphasis on commercial, contractual, company, and trust and estates disputes. 

She welcomes instructions in all of these areas, either led or as sole counsel. She is regularly instructed as junior counsel in large scale and high-profile commercial litigation (including appearing in the appellate courts), and as a former solicitor is experienced in working as part of a wider legal team. She also often appears unled in both the High Court and County Court, and has drafted pleadings in, and advised in relation to, numerous commercial disputes and interlocutory applications. 

 

Previous Experience

During the 2017-2018 legal year Emily worked as a judicial assistant to Lord Wilson, in both the United Kingdom Supreme Court and the Judicial Committee of the Privy Council. She assisted with numerous cases including:

Morris-Garner and another v One Step (Support) Ltd [2018] UKSC 20 (leading case on Wrotham Park damages)

Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 (leading case on ‘no oral modification’ clauses)

Steel and another v NRAM Limited [2018] UKSC 13 (determining when a solicitor assumes responsibility towards the other side for a misrepresentation)

Whitlock and another v Moree (Bahamas) [2017] UKPC 44 (determining whether the beneficial interest in a deceased’s joint bank account passed by survivorship)

Between 2013 and 2017 Emily trained and practised as a solicitor at Payne Hicks Beach, a leading private client law firm, specialising in commercial disputes and contentious trusts and estates matters.

Expertise

Company, Partnerships & LLPs 

Overview

Much of Emily’s practice concerns claims arising out of company disputes, particularly unfair prejudice petitions and associated shareholder disputes.

Recently she has appeared (led by Christopher Parker KC) in the Court of Appeal for the successful appellant in the case of Griffith v Gourgey and others, concerning two unfair prejudice petitions. She has also assisted (led by Andrew Ayres KC of Twenty Essex, and Fraser Campbell of Blackstone) with the case of Krishna Holdco Limited v Gowrie Holdings Limited & others (ChD): a shareholder and joint venture £150m dispute relating to the importation and distribution of pharmaceuticals (unfair prejudice petition and Part 7 proceedings).

 

Notable Cases

Commercial Disputes 

Overview

Emily has experience of commercial disputes across a wide range of business sectors, having worked on many such disputes both as a solicitor and at the Bar.

As junior counsel she recently assisted (led by Andrew Twigger KC and Jonathan Allcock) in the three-week Commercial Court trial of Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020) one of the Lawyer’s Top 20 cases of 2020. The case concerned the sale by the Claimant bank of defaulted loans and associated security. She has also assisted (led by Gregory Banner KC and Narinder Jhittay) in a restitution claim made by over ninety claimants against several public authorities across the United Kingdom.

Unled, she recently appeared for the successful defendant at trial in the county court on two separate occasions, both concerning contractual disputes.

Notable Cases

  • Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020)

Civil Fraud & Asset Recovery 

Overview

Many of Emily’s cases include issues of civil fraud and asset recovery. In particular, she has assisted in proceedings on the Isle of Man on behalf of a wealthy investor in a US$50m fraud claim, and has appeared unled in the trial of a dispute concerning breach of fiduciary duty (including an alleged secret commission). In addition, she has considerable expertise in disputes concerning the creation and enforcement of trusts, having specialised in contentious trusts and estates matters when practising as a solicitor.

Insolvency & Restructuring 

Overview

Emily has appeared in numerous bankruptcy and insolvency matters including (as sole counsel) the widely reported case of Re Triumph Furniture Ltd, concerning the appointment of administrators out of hours.

Notable Cases

Private Client 

Overview

As a solicitor, Emily acted in numerous contentious trusts and probate matters, including claims contesting the validity of wills, applications for the removal of executors and trustees, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. She has maintained this expertise since coming to the Bar and has advised on various probate and private client matters. She recently appeared unled for the successful beneficiary in the disposal hearing of a Part 8 claim concerning the proper construction of a will, and also appeared successfully in an application to obtain a payment out of court from a disputed estate.

Professional Negligence 

Overview

Emily is currently instructed (led by Thomas Grant KC) in large scale solicitors’ negligence proceedings concerning alleged mishandling of an application to serve out of the jurisdiction.

Qualifications 

Emily gained a first-class degree in Modern History from Lincoln College, Oxford. She subsequently completed the GDL and LPC (both with distinction) before commencing work as a solicitor.

Awards

In 2018 Emily achieved a distinction in the STEP Advanced Certificate in Trust Disputes, and was awarded a Worldwide Excellence Award for obtaining the highest mark globally.

Terms of Business

Emily’s clerks would be happy to discuss the terms on which Emily will act. In the absence of express agreement in writing to the contrary, Emily accepts instructions on the basis of the Bar Standards Board’s Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020.

Memberships 

  • COMBAR
  • Chancery Bar Association

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Emily Gailey

Call: 2017

egailey@maitlandchambers.com

Overview

Emily has a thriving commercial chancery practice, with an emphasis on commercial, contractual, company, and trust and estates disputes. 

She welcomes instructions in all of these areas, either led or as sole counsel. She is regularly instructed as junior counsel in large scale and high-profile commercial litigation (including appearing in the appellate courts), and as a former solicitor is experienced in working as part of a wider legal team. She also often appears unled in both the High Court and County Court, and has drafted pleadings in, and advised in relation to, numerous commercial disputes and interlocutory applications. 

Previous Experience

During the 2017-2018 legal year Emily worked as a judicial assistant to Lord Wilson, in both the United Kingdom Supreme Court and the Judicial Committee of the Privy Council. She assisted with numerous cases including:

Morris-Garner and another v One Step (Support) Ltd [2018] UKSC 20 (leading case on Wrotham Park damages)

Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 (leading case on ‘no oral modification’ clauses)

Steel and another v NRAM Limited [2018] UKSC 13 (determining when a solicitor assumes responsibility towards the other side for a misrepresentation)

Whitlock and another v Moree (Bahamas) [2017] UKPC 44 (determining whether the beneficial interest in a deceased’s joint bank account passed by survivorship)

Between 2013 and 2017 Emily trained and practised as a solicitor at Payne Hicks Beach, a leading private client law firm, specialising in commercial disputes and contentious trusts and estates matters.

Qualifications 

Emily gained a first-class degree in Modern History from Lincoln College, Oxford. She subsequently completed the GDL and LPC (both with distinction) before commencing work as a solicitor.

Awards

In 2018 Emily achieved a distinction in the STEP Advanced Certificate in Trust Disputes, and was awarded a Worldwide Excellence Award for obtaining the highest mark globally.

Terms of Business

Emily’s clerks would be happy to discuss the terms on which Emily will act. In the absence of express agreement in writing to the contrary, Emily accepts instructions on the basis of the Bar Standards Board’s Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020.

Memberships 

  • COMBAR
  • Chancery Bar Association

Company, Partnerships & LLPs

Much of Emily’s practice concerns claims arising out of company disputes, particularly unfair prejudice petitions and associated shareholder disputes.

Recently she has appeared (led by Christopher Parker KC) in the Court of Appeal for the successful appellant in the case of Griffith v Gourgey and others, concerning two unfair prejudice petitions. She has also assisted (led by Andrew Ayres KC of Twenty Essex, and Fraser Campbell of Blackstone) with the case of Krishna Holdco Limited v Gowrie Holdings Limited & others (ChD): a shareholder and joint venture £150m dispute relating to the importation and distribution of pharmaceuticals (unfair prejudice petition and Part 7 proceedings).

 

Commercial Disputes

Emily has experience of commercial disputes across a wide range of business sectors, having worked on many such disputes both as a solicitor and at the Bar.

As junior counsel she recently assisted (led by Andrew Twigger KC and Jonathan Allcock) in the three-week Commercial Court trial of Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020) one of the Lawyer’s Top 20 cases of 2020. The case concerned the sale by the Claimant bank of defaulted loans and associated security. She has also assisted (led by Gregory Banner KC and Narinder Jhittay) in a restitution claim made by over ninety claimants against several public authorities across the United Kingdom.

Unled, she recently appeared for the successful defendant at trial in the county court on two separate occasions, both concerning contractual disputes.

  • Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020)

Civil Fraud & Asset Recovery

Many of Emily’s cases include issues of civil fraud and asset recovery. In particular, she has assisted in proceedings on the Isle of Man on behalf of a wealthy investor in a US$50m fraud claim, and has appeared unled in the trial of a dispute concerning breach of fiduciary duty (including an alleged secret commission). In addition, she has considerable expertise in disputes concerning the creation and enforcement of trusts, having specialised in contentious trusts and estates matters when practising as a solicitor.

Insolvency & Restructuring

Emily has appeared in numerous bankruptcy and insolvency matters including (as sole counsel) the widely reported case of Re Triumph Furniture Ltd, concerning the appointment of administrators out of hours.

Private Client

As a solicitor, Emily acted in numerous contentious trusts and probate matters, including claims contesting the validity of wills, applications for the removal of executors and trustees, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. She has maintained this expertise since coming to the Bar and has advised on various probate and private client matters. She recently appeared unled for the successful beneficiary in the disposal hearing of a Part 8 claim concerning the proper construction of a will, and also appeared successfully in an application to obtain a payment out of court from a disputed estate.

Professional Negligence

Emily is currently instructed (led by Thomas Grant KC) in large scale solicitors’ negligence proceedings concerning alleged mishandling of an application to serve out of the jurisdiction.

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