Emmet assisted in the preparation of a fatal accident/tort claim against the MOD, settled for £5 million (The Times, 22 November 2005), and acted (with Matthew Reeve) for the family of the deceased in the subsequent 2 week inquest. He has advocacy (County Court), advisory and drafting experience of Montreal Convention claims and claims against flight instructors and schools. He also has some experience of aircraft leasing work and of representation of internet travel agencies and UK airports.
Emmet has acted (alone) for a major clearing bank in freezing order and subsequent committal proceedings in the High Court and has acted for several of the major banks in debt recovery work (e.g. claims under guarantees, enforcement proceedings) before Chancery and Queen’s Bench Masters, as well in the County Courts.
He has also been instructed in a number of recent or ongoing fraud claims. He acted (with Michael McParland) for the successful claimant in Knowlden v Nafis-Tehrani an extraordinary case ”, in which the claimant was found to have been defrauded of a number of properties. He acted alone for the claimant in subsequent enforcement proceedings; Knowlden v Nafis-Tehrani
He continues to be instructed by a major bank in insolvency and debt recovery matters arising out of a £10 million fraud and has advised in relation to a multi-jurisdictional identity fraud raising issues under the Mental Capacity Act 2005.
He has also advised in a variety of finance matters (from insolvency set-off to restitution and tracing, bills of exchange to breach of mandate, payment protection insurance to the appointment of receivers and special managers) in the Chancery Division and the County Courts, ranging in value from a few thousand pounds to over £10 million.
Emmet is regularly instructed in shipping matters in London arbitration and in the Commercial Court. Current instructions include a US$300,000 speed/performance/off-hire claim in arbitration; a US$750,000 Commercial Court claim concerning the contamination of a cargo of crude oil; and a US$2.5 million arbitration arising out of an international sale and transport contract.
He acted (with Matthew Reeve) for the successful respondents in Datec v UPS
He acted (with Lionel Persey QC) for cargo interests in The Olympic Galaxy
Emmet has extensive experience of drafting statements of case and arbitration submissions (LMAA, ICC, GAFTA, RSA, LIFFE) in cases concerning international sale of goods, demurrage and carriage by sea and road and has appeared in the High Court, the County Courts and before the Admiralty Registrar in related matters.
He also has experience of commodity matters, including trade association arbitrations (GAFTA, RSA) and futures contracts.
Emmet has assisted in several oil/gas matters, including a multi-billion dollar ICC arbitration, an ad hoc arbitration concerning damage to a drilling support platform and a dispute concerning a long term contract for the international sale of billions of dollars of crude oil.
He is currently instructed in a Commercial Court claim arising out of a shipbuilding contract and also has experience of general construction disputes, including a claim arising out of the re-fitting of a department store and a claim concerning negligent works resulting in asbestos contamination.
Emmet has experience of a wide variety of contractual and other commercial disputes, in addition to those listed elsewhere under sector-specific headings.
He acted in an arbitration concerning EC legislation and its effect upon long term contracts for the disposal of municipal waste (following on from following on from 3C Waste v Mersey Waste Holdings Ltd [2006] EWHC 2598 (Comm); [2007] Env LR 17).
He has experience of claims by agents for commission and has acted for and against public bodies and utility companies.
Emmet has assisted in a number of international arbitrations concerning Oil/Gas and Shipping matters, and has experience of appearing before international arbitrators without a background or qualification in English law. He enjoys working in a team with other English and foreign lawyers and experts, and has a pragmatic and result-oriented approach.
Emmet has acted in a variety of insurance matters in the County Courts, including matters concerning the scope of cover and cases raising issues of fraud and avoidance for non-disclosure.
Emmet has assisted clients with mediations on a number of occasions, including drafting mediation statements and providing advice in the course of mediations.
Emmet has drafted Collision Statements in claims in the Admiralty Court and also has experience of admiralty claims in rem and limitation claims. He is presently instructed in an arbitration arising out of the towage of a large floating dock.
Emmet has experience of media related work, including a case concerning the sale of a publishing business. He acted (with Stephen Cogley) for the defendant editor in the ongoing defamation case, Prince Radu v Houston
