Emmet Coldrick

Called: 2004

Practice Overview

Emmet Coldrick advises and represents clients in relation to commercial law matters, especially disputes arising under commercial contracts.  He has particular expertise in the shipping, international trade and energy sectors, including in relation to finance, construction, sale and charter/hire contracts.

Since joining Quadrant in 2005, Emmet has represented clients in the Commercial Court, the Chancery division, the Admiralty Court and the general Queen’s Bench Division, as well as on appeal in the Court of Appeal and the House of Lords.

A large part of Emmet’s practice is in arbitration.  He has represented clients in LMAA, LCIA, ICC and commodities trade association arbitrations, and in the Commercial Court on appeals from arbitration awards.

Emmet has acted for a wide range of UK and overseas based clients, from clearing banks and well known global corporations to SMEs and individuals.  He is frequently instructed by lawyers based in other jurisdictions, including Singapore, Hong Kong and Dubai.

Emmet Coldrick has law degrees from Trinity College Dublin (LLB (First Class Hons.)) and Oxford University (BCL (Distinction)).  He was called to the bar in 2004 at Gray’s Inn, where he was awarded the Prince of Wales and the Atkin scholarships.

  • Alternative Dispute Resolution K View More

    A large part of Emmet’s practice concerns disputes which have been referred to London arbitration, including LMAA, LCIA, ICC and commodities trade association arbitrations. He has considerable experience not only of preparing written submissions in arbitrations, but also, as sole or junior counsel, making oral submissions and cross-examining witnesses, including expert witnesses.

    For reasons of confidentiality, only a broad outline of recent work – in cases in which the sums in issue ranged from a few hundred thousand dollars to over US$50 million – is given here.

    • Final hearing in a dispute under a voyage charterparty.
    • Preliminary issues hearing in a shipbuilding dispute.
    • Final hearing in a sale contract dispute.
    • Final hearing in a time charter dispute.
    • Final hearing in a construction/ projects dispute.
    • Written submissions in a commodities dispute.
    • Written closing submissions in a shipbuilding dispute.
    • Written submissions in a dispute under bills of lading.

    Greater detail of Emmet’s experience in particular sector areas can be found under the sector specific headings below.

  • Recent Work K View More

    Emmet Coldrick has represented clients at trials in the Commercial Court, the Admiralty Court and the Chancery Division.  He acted as sole counsel in a number of recent (2013/2014) trials:

    • Glenbrook Capital v Hamilton [2014] EWHC 2297 (Comm); [2014] All ER (D) 119 (Jul).  Emmet represented the claimant, a US investment fund, in a 4 day Commercial Court trial involving allegations of fraud/ dishonesty.  The evidence of the defendant, a London silver dealer, was rejected and judgment was entered for the claimant.
    • Nomikos v. The owners of the vessel “Prodromos” (Admiralty Court, 23 July 2014).  Emmet acted for the claimant, a ship’s master/ superintendent, in this Admiralty claim in rem.   Judgment was entered for the claimant following a 2 day trial involving the cross-examination of expert witnesses.
    • Univeg Direct Fruit Marketing DFM GMBH v MSC Mediterranean Shipping Company S.A. [2013] EWHC 2962 (Comm), [2013] All ER (D) 99 (Oct).  Claim arising out of alleged damage to goods carried from South Africa to Europe, said to have been caused by delays in shipment.  Claim dismissed.  Emmet represented the defendant shipping line in this 2 day Commercial Court trial involving the cross-examination of expert witness.

    Emmet has very extensive experience of both interim and post-judgment applications in most of the divisions of the High Court that deal with business disputes, including:

    • applications for freezing orders and other injunctions;
    • challenges to the jurisdiction of the English courts and of London arbitration tribunals;
    • summary judgment and strike out applications;
    • applications concerning the recognition of judgments and arbitration awards;
    • applications for the sale of property, ships and goods;
    • enforcement applications, including applications for post-judgment Mareva relief, for the appointment of receivers and for committal for contempt.

    Recent applications include:

    • MSC v Cottonex Anstalt [2014] EWHC 2638 (Comm).  Summary judgment and permission to re-amend applications, raising issues in relation to alleged penalty clauses and a defence of frustration.
    • Commerzbank v Karamehmet (Commercial Court, Teare J, 31 Jan. 2014).  Counsel for the claimant in a successful US$10 million summary judgment application against a prominent Turkish businessman.  The claim was brought on personal guarantees of company debts.  (“Another foreign billionaire battle looms in the High Court”; Independent on Sunday, 9 June 2013.)
    • Raayan Al Iraq Co Ltd v Trans Victory Marine Inc [2013] EWHC 2696 (Comm); [2013] 6 Costs L.R. 911 (Andrew Smith J).  Successful application for a retrospective extension of time.  This was one of the first cases to consider the new relief against sanctions regime and has been considered in a number of subsequent cases, including by the Court of Appeal in Mitchell case.
    • Oriental Coffee & Commodities Pte Ltd v P.T. Indokom Citra Persada (Commercial Court, Leggatt J, 30 October 2013).  Successful application for a worldwide freezing order in a commodities sale contract dispute.
    • Royal Bank of Scotland Plc v FAL Oil Co Ltd [2013] 1 Lloyd's Rep. 327. Emmet (led by Stephen Cogley Q.C.) acted for the respondent to applications for worldwide freezing and asset disclosure orders in aid of foreign proceedings. The case raised important issues as to the Court’s jurisdiction to grant such orders.  The Judge (Gloster J) granted permission to appeal, but the matter settled before the appeal was heard.
  • Other Reported Cases of Note K View More

    • TTMI v Statoil [2011] 2 All E.R. (Comm) 647; [2011] 2 Lloyd's Rep. 220 (Beatson J).  Emmet appeared as sole counsel for the claimant in this successful arbitration appeal.  The case raised a number of issues in relation to contractual formation, including the implicit reaching of agreement by conduct and performance.  The decision was widely reported and is cited in various leading textbooks such as Chitty on Contracts, Scrutton on Charterparties and Benjamin on the Sale of Goods.
    • Cinematic Finance Ltd v Ryder [2012] B.C.C. 797 (Roth J).  Dispute arising out of a film finance scheme, raising an issue as to whether, exceptionally, a transferee of the majority of the shares in a company said to have been rendered insolvent by a defendant’s alleged wrong-doing could use the statutory derivative action procedure under the Companies Act 2006 to bring a claim.
    • Datec Electronic Holdings Ltd v UPS [2007] UKHL 23; [2007] 1 W.L.R. 1325; [2007] 4 All E.R. 765; [2007] 2 Lloyd's Rep. 114; The Times 18 May 2007.  Emmet acted as junior counsel (led by Matthew Reeve) for the respondent in the House of Lords in this dispute concerning the CMR Convention.  The case is a leading and widely cited authority on the proper approach to appeals on questions of fact.
    • Galaxy SME v Prima Ceylon (The “Olympic Galaxy”) [2006] EWCA Civ 528; [2006] 2 All E.R. (Comm) 902; [2006] 2 Lloyd's Rep. 27; [2006] 1 C.L.C. 772.  Emmet (led by Lionel Persey Q.C.) acted for the appellant in this jurisdiction dispute, which raised issues of forum non conveniens.

Academic


LL.B. (T.C. Dublin) (First Class); B.C.L. (Oxford) (Distinction)

Memberships


COMBAR; MCIArb.

Pro Bono


Successfully represented canteen staff in a test case concerning the applicability of the Transfer of Undertaking (Protection of Employment) Regulations 2006; instructed by the Bar Pro Bono Unit. The case is under appeal.

Personal


Emmet was born in Dublin and educated at Castleknock College, Trinity College Dublin and Exeter College, Oxford.  He is married and lives in London. He enjoys travel, the visual arts and good food and conversation, and has recently completed a trip around the world via South American and Japan.

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