Emily Saunderson

Called: 2005

Practice Overview

Emily is a general commercial practitioner specialising in commercial fraud, and banking and finance. She has broad experience in obtaining urgent injunctive relief including freezing orders, asset preservation orders and delivery up orders. Emily’s banking and finance practice has a particular emphasis on financial derivatives instruments, and she is familiar with standard form contracts including the ISDA Master Agreement.

Emily is ranked in the latest edition of Chambers & Partners in commercial dispute resolution and she is recommended as a leading junior in banking and finance and financial services by the Legal 500, where she is described as “technically outstanding, with a very sound grasp of copious quantities of fine detail.

She has experience in cases involving contractual interpretation and rectification; dishonest assistance; fraud; bribery; fraudulent trading; rights of set-off; contractual estoppel; rights under contracts of indemnity; and guarantees.

Before embarking on a career in law, Emily was a financial journalist covering the global derivatives markets. She brings a strong understanding and useful insider’s perspective on financial markets to her legal practice.

  • What the directories sayView More

    • ‘Deals calmly and effectively with clients.’

      (Legal 500 2019)
    • ‘Technically very strong and able to assimilate large amounts of detail.’

      (Legal 500 2019)
    • "Emily displays strong commercial sense."

      (Chambers UK 2019)
    • "Displays real confidence in the courtroom and has a tremendous work ethic. Her attention to detail is second to none."

      (Chambers UK 2019)
    • "Emily is a very solid junior, who is very conscientious and careful." "She is diligent and committed."

      Chambers & Partners UK Bar 2018
    • ‘Technically outstanding, with a very sound grasp of copious quantities of fine detail.’

      Legal 500 UK 2017
    • ‘Incredibly hardworking.’

      Legal 500 UK 2017
    • “She is plainly an extremely accomplished and high-flying junior.”

      Legal 500 UK 2016
  • Commercial Dispute Resolution K View More

    • Takeda Pharmaceutical Company Limited v Fougera Sweden Holding 2 AB [2017] EWHC 1995 (Civ): Emily, led by Paul Downes QC, acted for the Claimant in proceedings concerning a €75m tax liability in the context of a €9.6 billion purchase of a Danish pharmaceutical company.  The case raised an important issue as to the interpretation of standard-form cooperation clauses in share purchase agreements.
    • Charles Taylor Insurance Services Ltd v Ratcliffe (2017): Emily represented the successful claimant in its claims for deceit and breach of fiduciary duty in respect of the misappropriation of company funds by a former employee.
    • Palmerston Hotels & Resorts BV v Brocket Hall (UK) Limited [2016] EWHC 2918 (Comm): Palmerston successfully applied for an injunction pending the decision of an arbitral tribunal to prevent Brocket Hall from breaching an agreement under which Palmerston managed a golf resort and country club. The case raised issues as to whether specific performance was available and whether an injunction could be granted compelling a principal to work with its agent when the principal said the relationship of trust and confidence had broken down. Emily represented Palmerston, led by Paul Downes QC.
    • Globe Motors v TRW Lucas Varity Electric Steering Ltd [2016] EWCA Civ 396: the case involved a €30m dispute in respect of an exclusive supply agreement for components of electric power assisted steering systems. The appeal raised issues in respect of the distinction between proper construction and the implication of terms, and the effect of anti-oral variation clauses. Emily acted for the successful appellant, led by Paul Downes QC.
    • HFM Columbus Group Services LLP v Atomic Race Management Ltd (2014): Emily acted for the claimant in proceedings concerning ownership of an Ariel Atom racing car. Emily obtained an asset preservation order followed by an interim delivery up order in respect of the car.
    • Mir Steel UK Ltd v Christopher Morris and others [2012] EWCA Civ 1397: the case was an appeal against the court’s refusal to join administrators and a company in administration to a claim for conversion, inducing breach of contract and unlawful means conspiracy. The appeal involved consideration of Canada Steamship Lines Ltd v The King, and the rule in Said v Butt. Emily, led by Paul Downes QC, acted for the appellant.
    • In the Matter of J T Frith Limited (in Creditor’s Voluntary Liquidation) [2012] EWHC 196 (Ch): Emily successfully represented secured creditors of a company in liquidation who sought to surrender their security to participate in a distribution from the prescribed part.
    • G W Jones Contractors Ltd (In Liquidation) v NatWest (2012): Emily, led by Paul Downes QC, acted for the liquidator in the insolvent company’s claim against a leading bank concerning allegations of negligence in respect of the bank’s acts and omissions following the advertisement of the winding up petition and notice of appointment of the liquidator.
    • Re V (2010 – 2012): Emily, led by Paul Downes QC, acted for the claimant in a £1.2m solicitors’ negligence claim against a leading Midlands-based firm in respect of a hive down agreement. 
  • Civil Fraud K View More

    • E v R (2015 - ongoing): Emily acts for the claimant insurance company in respect of the misappropriation of around £10m of insurance premiums. The cases involves claims in deceit; dishonest assistance; knowing receipt; unlawful means conspiracy and unjust enrichment. The claim was preceded by an extensive tracing exercise involving numerous third-party disclosure applications and two freezing orders. Emily is led by Paul Downes QC.
    • Rodriguez Camacho and others v Reboul and another (2015): Acting for the claimants, Emily obtained a freezing order in support of Spanish proceedings concerning the misappropriation of around £300,000 of investments by a foreign exchange dealer and/or his company.
    • Aderia Airways Limited and others v National Westminster Bank plc (2014): the matter involved various applications pursuant to a tracing exercise in respect of around £20m of funds which should have been held on trust for the applicants, which were represented by Emily, led by Paul Downes QC.
    • Sgrò v Gioviale (2013): Emily obtained a freezing order in support of Italian proceedings concerning the misappropriation of around €150,000.
    • IG Markets Ltd v McKenna (2011 – 2012): Emily, led by Paul Downes QC acted for the claimant in a £11m debt claim against several members of the same family.  The defences alleged that signatures on key contractual documents had been forged which led to the claimant applying successfully for third party disclosure orders and freezing injunctions.
    • Abulwafa v Wong (2011) – Emily, acting for the claimant, obtained a freezing injunction in respect of a claim for dishonest assistance, knowing receipt and breach of retainer. 
  • Banking & Financial Services K View More

    • Global Currency Exchange Network Ltd v Royal Bank of Scotland plc (2016 – ongoing): the bank customer, represented by Emily led by Paul Downes QC, claims damages in respect of its bank’s failure to comply with payment instructions, its denial of access to online banking facilities and termination of the banking relationship without notice. The case raises issues under the Proceeds of Crime Act 2002.
    • CJ Murfitt Ltd v Barclays Bank plc (2017 – ongoing): Emily, led by Paul Downes QC, represents a customer in a claim against its bank in breach of contract and negligence relating to online transactions procured by fraud. The case raises issues as to the duties of a bank in respect of CHAPS and faster payments.
    • LSREF III Wight Limited v Millvalley Limited [2016] EWHC 466 (Comm): this was a £4.3m claim by a vulture fund which had taken an assignment from a bank of a sum said to be due under an interest rate swap contract. The fund claimed rectification of an ISDA confirmation and master agreement. Emily, led by Paul Downes QC, represented the bank’s customer.
    • Wasyluk and others v Moopay Limited and another (2015): Emily represented the claimants in a claim concerning the misappropriation of 750 Bitcoins with a value, at the time, of around £186,000. The case raised issues as to the legal status of digital currency.
    • 2014 – 2016: advising various companies in respect of interest rate swaps mis-selling claims and potential claims in respect of LIBOR manipulation.
    • Stokors and others v IG Markets Ltd v Craigcrook Management Services Ltd  [2013] EWHC 631 (Comm): the claimants claimed €100m in respect of dishonest assistance and knowing receipt against leading CFD and spread-betting company IG Markets. The case resulted from the insolvency of a small Scottish brokerage through which the claimants had traded CFDs. The Scottish brokerage traded with IG. IG brought a third party claim in negligence against the compliance firm engaged by the Scottish brokerage. The case included an appeal in respect of IG’s successful application against the claimants for security for costs, see: [2012] EWCA Civ 1706. Emily represented the successful defendant IG Markets, led by Paul Downes QC.
    • Re Powerplan (2012): the case was a £90m claim in fraudulent trading against a leading bank arising from the mis-selling of repair warranties in the early 2000s. Emily, led by Paul Downes QC, acted for the claimant company, which was in liquidation.
    • IG Markets v McKenna (2011 – 2013): Emily, led by Paul Downes QC acted for the claimant in a £11m debt claim against several members of the same family.  The defences raised allegations that signatures on key contractual documents had been forged which led to the claimant applying successfully for third party disclosure orders and freezing injunctions
    • G W Jones Contractors Ltd (In Liquidation) v NatWest (2012): Emily, led by Paul Downes QC, acted for the liquidator in the insolvent company’s claim against a leading bank concerning allegations of negligence in respect of the bank’s acts and omissions following the advertisement of the winding up petition and notice of appointment of the liquidator.

"Displays real confidence in the courtroom and has a tremendous work ethic. Her attention to detail is second to none."

Chambers UK 2019

Academic


BA (Hons) Philosophy 1st class, University of Southampton

PgDL, University of Westminster

BVC, Inns of Court School of Law

Memberships


COMBAR

LCLCBA

Personal


Emily is a keen sailor and she crews a two-man Firefly dinghy. She won the National Championships in 2017 and 2009 and regularly finishes in the top five in national events. 

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