Emily McKechnie

Commercial Litigation Junior of the Year 2025 – Shortlisted, Legal 500

Chancery Junior of the Year 2025 – Winner, Chambers and Partners

Emily is recommended as a leading junior by Legal 500 for Commercial Litigation and by Chambers & Partners for Commercial Dispute Resolution and Chancery Commercial. The directories describe her as “commercial, collaborative and a lawyer whose advocacy is brilliant”.

Emily has a wealth of experience in high value commercial litigation involving technically complex subject matter. Her practice encompasses disputes concerning joint ventures, share purchase agreements, unfair prejudice, international procurement, distribution and agency arrangements, technology, intellectual property, fraud, fiduciary liability, cryptocurrencies and breach of confidence. Her cases often involve interconnected issues of trust, company and insolvency law.

Her expertise spans the full range of interim relief, including freezing injunctions, search orders, Norwich Pharmacal and third-party disclosure orders, summary judgment and strike out, security for costs, jurisdiction challenges and anti-suit injunctions.

Emily is particularly noted for her ability to get on top of technical subject matter and to present detailed issues in a simple and persuasive way. She often appears as sole or lead counsel, typically against silks.

Notable cases include:

• Hill v Touchlight Genetics Ltd – Sole commercial counsel for the Defendant in a GBP 1 billion dispute concerning proprietary technology for the production of vector-free DNA expression cassettes. Complex issues of contractual construction, estoppel and unjust enrichment. A heavily contested amendment application involved claims based upon breach of fiduciary duty, breach of confidence and breach of contract. Successfully represented the Defendant during the 2-day amendment application and the 3-week trial.
• SPP Pumps Ltd v ADE Power Ltd – Sole counsel for the Defendant in a multi-million pound breach of contract claim concerning surface preparation and paint standards for steel fire enclosures fabricated for use at a deepwater oil project near Angola. Successfully resisted a 1-day application for a mandatory injunction.
• BAT Industries plc v S&W Partners LLP – Sole counsel for the Defendant to a USD 70m claim against the Company’s former professional insolvency advisers concerning alleged transactions at an undervalue, preferences and breaches of directors’ duties.
• Edozo Ltd v Valos (UK) Ltd – Sole commercial counsel in a proptech dispute concerning procuring breach of contract, unlawful means conspiracy and copyright infringement between two competing software platforms for the automated production of real estate valuation reports.
• Industrial & Financial Systems, IFS UK Limited v Symeonides & ors – Counsel for the Claimant in a £40 million breach of warranty dispute concerning the sale of an international SaaS and enterprise service management group, raising complex valuation issues on material adverse change and factual issues concerning contractual disclosure and deal-team knowledge.
• A v B – Sole counsel for the respondent to an anti-suit injunction application concerning proceedings in the Republic of Guinea relating to breach of  charterparties for the transhipment of bauxite.
• Perelman v Kerr – Sole counsel for the managing director of a Guernsey listed company in defence to a multi-million claim relating to a proposed sale of shares, where the vast majority of communications took place across more than 200 pages of WhatsApp exchange.
• Webster v WPP Group (UK) Ltd – Acting for the world’s largest advertising group in defence to a multimillion-pound claim concerning the meaning and effect of an earn out provision in a sale and purchase agreement. Complex factual issues concerning spend on digital advertising managed or processed through proprietary technology designed to improve the owner’s competitive position in the programmatic advertising market, and spend placed through demand-side platforms connected thereto.
• Alam v Alam Investments Limited – Lead counsel in a multimillion-pound dispute concerning unfair prejudice and constructive trusts relating to the management of a series of Islamic supermarkets and related property investment companies.
• BGC Brokers LP & Ors v Tradition (UK) Ltd v Ors / Martin Brokers Group Limited v Bell & Ors – Proceedings for injunctive relief and damages concerning allegations of breach of confidence, breach of contract and breach of fiduciary duty relating to the transmission of information and a “team move” to a competitor inter-dealer broker. The case also raised novel points of law relating to without prejudice privilege and litigation privilege which were determined on a second appeal by the Court of Appeal in BGC Brokers LP & Ors v Tradition (UK) Ltd & Ors [2019] EWCA Civ 1937.
• Cavendish Square Holdings BV v Ghossoub – Breach of non-compete covenants in a sale and purchase agreement. Complex legal issues concerning contractual construction, penalties and forfeiture clauses.
• IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp – An 8 week trial concerning the enforcement in England of a USD 400 million Nigerian arbitration award.
• International banking group (confidential) – Acting as sole English counsel for a major international banking group in defence to claims brought in Guernsey for negligence and breach of fiduciary duty relating to an investment in foreign real estate. Issues include allegations of breach of directors’ duties and reflective loss.
• Further confidential instructions – Sole counsel for the Defendant to a claim for breach of an international distributor agreement concerning the supply of alumina in Ghana; Sole counsel for the Defendant to proceedings in Israel concerning breach of an international distributor agreement for the supply of IT equipment and software in Israel and the Israeli Ministry of Defence (mission in New York); Sole counsel for the Defendant to claims for breach of a contractual procurement restriction and breach of confidence concerning the design, manufacture and supply of a proprietary system for electronic screens.

Recommended by Legal 500 and Chambers & Partners as a leading junior for Civil Fraud, Emily is praised for being “really sharp” with “a great eye for detail” and “top quality strategic views”.

Emily has extensive experience of high value multi-party civil fraud proceedings, typically with an international element. She has appeared in a number of the biggest civil fraud cases in recent years. Clients praise her forensic approach and her ability to assimilate and simplify complex and technical detail.

Notable cases include:

• The Public Institution for Social Security v Al Rajaan & ors – One of The Lawyer’s Top 20 Cases of 2025. A 40 week trial in the Commercial Court involving 46 parties and allegations that secret commissions worth approximately USD 1 billion were paid by banking and investment entities to the Director General of the public institution which operates Kuwait’s social security system and pension scheme. Sole responsibility at trial for the highly complex issues of Kuwaiti and Swiss law, including expert cross examination and oral closing submissions. Lead counsel in response to an interim application to re-amend to introduce a new case of 12 years’ corruption involving 6 participants to an allegedly dishonest scheme.
• Cowan v Equis Special LP & Ors – Acting for the plaintiffs in proceedings concerning an alleged conspiracy to misappropriate hundreds of millions of dollars from a Cayman private equity fund to the detriment of its investors.
• Edozo Ltd v Valos (UK) Ltd – Sole commercial counsel in proceedings for procuring breach of contract and unlawful means conspiracy between two software platforms offering the automated production of real estate valuation reports.
• Harrington & Charles & ors v Jatin Mehta & ors – Acting for the first to fourth defendants in multi-party proceedings concerning an alleged USD 1 billion fraud relating to a gold bullion credit facility advanced to a diamond company listed in India. Legal issues included unlawful means conspiracy, breach of constructive trust, breach of fiduciary duty by shadow directors, knowing receipt, dishonest assistance, claims under sections 212, 213 and 423 of the Insolvency Act 1986 and the application and effect of Indian law. Related 2-day jurisdiction challenge, 3-day strike out application and complex application for permission to appeal.
• Tulip Trading v Persons Unknown – Lead counsel in proceedings brought by Craig Wright claiming Bitcoin worth approximately USD 4 billion on the basis that the cryptocurrency had been the subject of a sophisticated computer hack.
• UHNW divorce (confidential) – Acting for the successful applicant seeking seal and gag, privacy and anonymity orders and Norwich Pharmacal relief in the BVI in support of sham trust proceedings relating to an ultra-high net worth divorce and a claim to USD 2 billion in assets.
• Grupo Mexico SAB De CV & ors v Infund LLP & ors – Acting for the successful claimants in proceedings to rectify the Companies Register following the fraudulent restoration of an LLP to the Register.
• Cavendish Square Holdings BV v Makdessi – Acting for the applicant in committal proceedings concerning false statements made in a defence arising out of the famous penalties case of the same name.
• Joint venture fraud (confidential) – Sole counsel for a Saudi Sheikh in a claim for fraud, breach of directors’ duties and breach of constructive trust concerning the operation of a company incorporated to facilitate a multimillion-pound joint venture.

Emily’s expertise covers a wide range of injunctive relief in both the civil fraud and commercial disputes context. Notable recent cases include:

• SPP Pumps Ltd v ADE Power Ltd – Successfully resisting an interim application for a mandatory injunction in a multi-million pound claim for breach of contract concerning the surface preparation and paint standards for steel fire enclosures fabricated for use at a deepwater oil project near Angola.
• A v B – Acting for the respondent to an anti-suit injunction application concerning proceedings in the Republic of Guinea relating to breach of charterparties for the transhipment of bauxite.
• Harrington & Charles & ors v Jatin Mehta & ors – Acting for the respondents to a USD 1 billion freezing injunction concerning an alleged USD 1 billion fraud relating to a gold bullion credit facility advanced to a diamond company listed in India.
• Anti-suit injunction (confidential) – Acting for the applicant for an anti-suit injunction in connection with proceedings in Israel concerning breach of an international distributor agreement for the supply of IT equipment and software.
• Freezing injunction (confidential) – Acting for the applicant for a freezing injunction against persons unknown concerning the alleged theft of cryptocurrency.
• Hill v v Touchlight Genetics Ltd – Successfully resisting a claim for a mandatory injunction seeking the use of best endeavours to amend the names of registered proprietors of patents granted in 49 jurisdictions.
• BGC Brokers LP & Ors v Tradition (UK) Ltd v Ors / Martin Brokers Group Limited v Bell & Ors – Acting for the claimant in proceedings for injunctive relief relating to the transmission of information to a competitor inter-dealer broker.

Emily is known for her ability to grapple with technical subject matter. Recent examples include:

• Hill v Touchlight Genetics Ltd – Sole commercial counsel for the Defendant in a GBP 1 billion Patents Court dispute concerning proprietary technology for the production of a synthetic, enzymatically-produced DNA vector. Complex issues of contractual construction, estoppel and unjust enrichment required an understanding of the inventive scientific process and a close analysis of various iterations of draft patent applications.
• Edozo Ltd v Valos (UK) Ltd– Sole commercial counsel in an IP dispute concerning copyright infringement, confidential information, trade secrets, procuring breach of contract and unlawful means conspiracy. The case concerned a dispute between two software providers competing for market share within the proptech (property technology) sector and required analytical comparison between template reports, graphic user interfaces and property data sets, including the source of that data and the route by which that data was collected and stored.
• Procurement dispute (confidential) – Acting for the Defendant to claims for breaching a contractual procurement restriction and breach of confidence concerning the design, manufacture and supply of a proprietary system for electronic screens. Factual allegations included a complaint that use of a different sensor board in a “hot swap replacement” would require significant redesign, including to the internal cabling and the display’s firmware and control software, such that the sensor board must have been reverse engineered.
• Co-development agreement (confidential) – Acting for the Defendant to claims for procuring breach of contract in the context of agreements for the co-development of proprietary pharmaceutical oral solutions. Issues included whether the Defendant was developing a competing product, whether the Defendant had entered into an anti-competitive agreement with a third party, the feasibility of a product development plan and the steps necessary to develop formulation and manufacturing processes.
• SPP Pumps Ltd v ADE Power Ltd – A multi-million pound claim in the Technology and Construction Court for breach of contract concerning the surface preparation and paint standards for steel fire enclosures fabricated for use at a deepwater oil project near Angola. Detailed analysis required of ISO 12944 and ISO 8501-1, including the weld, surface preparation, material and paint standards necessary for compliance, the technical requirements for a CX finish to the exterior paint system, and whether it was possible to upgrade the enclosures to a P3 grade.
• Tulip Trading v Persons Unknown – Proceedings brought by Craig Wright claiming Bitcoin worth approximately USD 4 billion on the basis that the cryptocurrency had been the subject of a sophisticated computer hack. Detailed analysis was required of the blockchain, the functional operation of Bitcoin and cryptocurrency trading, consumer interface with cryptocurrency exchanges and technical methods of hacking computer systems including by-passing 2-factor authentication.
• Webster v WPP Group (UK) Ltd – A multimillion-pound dispute concerning the meaning and effect of an earn out provision in a sale and purchase agreement where the corporate target owned proprietary technology designed to improve the owner’s competitive position in the programmatic advertising market. Complex factual issues required an understanding of the way in which spend on digital advertising was managed or processed through the proprietary technology and placed through demand-side platforms connected thereto.

Chancery Junior of the Year 2025 – Winner, Chambers and Partners

Emily has particular expertise in contentious trust and fiduciary issues. She is regularly instructed on high-value complex matters involving dishonest breaches of fiduciary duty, sham trusts, failure to account, claims for directions, construction issues and the validity and effect of trust deeds.

Many of the cases in which Emily is instructed involve offshore trusts. She is also regularly instructed to advise upon trust issues in the context of wider litigation, including commercial disputes, joint ventures and matrimonial cases.

Recent cases include:

• UHNW (confidential) – Acting for the wife of a very high net worth individual in matrimonial proceedings in a claim to assets worth approximately USD 2 billion. The issues included whether discretionary trusts established by the husband in the BVI, Jersey and the Isle and Man were sham trusts, or whether on their true construction they were bare trusts.
• ND v SD & ors – Successfully representing the wife in matrimonial proceedings in the Family Division in her claim to assets worth over £70 million. The issues included:
  • whether discretionary trusts established by the husband in Cyprus were sham trusts;
  • whether property had been formally settled on trust under the laws of Cyprus;
  • the scope of discretionary powers under Cypriot law.
• Guernsey dispute (confidential) – Acting for the trustees of a Guernsey settlement in a claim involving:
  • removal of co-trustees;
  • an account of trust property;
  • disclosure of trust information;
  • a trustee’s entitlement to reasonable security;
  • the legitimacy of invoices rendered to the trust;
  • the interaction between a commercial arbitration clause and the court’s inherent supervisory jurisdiction.

• Bermuda dispute (confidential) – Acting for the object of a multimillion-pound discretionary trust in Bermuda. Issues included the failure to exercise discretionary powers to restructure trusts and the management of trust assets.
• Bermuda settlement (confidential) – Acting for the trustees of a multibillion-pound Bermuda settlement in complex proceedings concerning:
  • the validity and effect of a Bermuda trust;
  • the validity and effect of a Swiss family settlement;
  • allegations of breach of trust.

• Fraud dispute (confidential) – Advising executors of a large English estate in relation to claims brought by a beneficiary alleging undue influence, lack of mental capacity and want of knowledge and approval.
• Isle of Man dispute (confidential) – A dispute concerning competing entitlements to the estate of a deceased man domiciled in the Isle of Man.
• Lambert v Peters – Representing the estate of a deceased professional trustee in defence to a multimillion claim involving allegations of:
  • dishonest management of an English family settlement;
  • dishonest management of an English will trust;
  • dishonest management of two property investment companies;
  • deliberate concealment.

• Further instructions – Advising on numerous claims concerning the validity of wills by reason of forgery, duress, incapacity, undue influence, and the satisfaction of formal requirements.

Emily has an established professional liability practice acting for and against solicitors, barristers, directors, trustees, financial advisers, insolvency and property professionals.

Notable cases include:

• Insolvency practitioner – Sole counsel for the Defendant to a USD 70m claim against the Company’s former professional insolvency advisers concerning alleged transactions at an undervalue, preferences and breaches of directors’ duties.
• Investment advisor – Acting as sole English counsel for a major international bank in defence to a multimillion-pound claim for negligence and breach of fiduciary duty concerning the operation of a company investing in foreign property.
• Property advisor – Acting as sole counsel for a Saudi Arabian Sheikh in the pursuit of a claim for breach of fiduciary duty concerning the operation of a multimillion-pound property investment joint venture.
• Magic circle solicitors – Acting for a magic circle firm of solicitors in defence to a claim for negligence concerning the drafting of trust deeds.
• Silk and junior barrister – Representing two barristers (a silk and a senior junior) in defence to a claim arising out of advice given and representation provided in connection with a claim for compensation following a compulsory purchase order.
• Professional trustee – Defending a multimillion-pound claim for dishonest breach of trust and dishonest breach of fiduciary duty against a solicitor who acted as a trustee of a family settlement, trustee of a will trust, and director of a property investment company.
• Barrister – Representing a barrister in defence to a claim arising out of advice given as to the effect of a receivership order granted in support of confiscation proceedings brought under the Criminal Justice Act 1988.
• Legal team – Acting for a landed estate in a claim against two firms of solicitors and a barrister for negligent advice concerning the decision to take and retain possession of a hotel in central London.
• Barrister – Representing a barrister in defence to a multi-million pound claim concerning the drafting of deeds of appointment to rearrange discretionary trusts.
• Chartered surveyors – Acting as sole counsel for a number of national mortgage-lending companies in a series of claims for compensation against solicitors and chartered surveyors relating to high-value commercial and residential loan transactions.
• IFA – Representing a firm of independent financial advisers in defence to a claim by trustees of an occupational pension scheme for professional negligence in relation to their dealings with a deferred annuity policy.
• Structural engineers – Acting for a leading construction management firm in a multimillion-pound claim for professional negligence against a national firm of structural engineers.