Emma Hughes

• Junior counsel in an LCIA arbitration culminating in a 3-week evidentiary hearing involving multiple parties and allegations of breaches of trust, dishonest assistance and unlawful means conspiracy (led by Bajul Shah (XXIV Old Buildings)) (2020 – 2021).
• Junior counsel in an LCIA arbitration concerning claims and counterclaims arising out of contracts for the manufacture of electronic components for flight refuelling systems (2019 – 2021).
• Junior counsel in nine consolidated claims involving international parties and a suite of contracts for the manufacture and supply of aerospace components, under the LCIA rules (led by Steven Thompson KC and Hugh Miall) (2020 – 2022).
• Emma also has experience of applications to court under sections 67 – 69 of the Arbitration Act 1996.
• Prior to commencing pupillage, Emma was selected to represent Gray’s Inn at The Willem C. Vis International Commercial Arbitration Moot involving questions relating to arbitrator appointments and the ICSID and UNICITRAL arbitral rules. As well as appearing as an advocate at the final hearing in Vienna, Emma represented Gray’s Inn at the White & Case Vis pre-Moot in London.

Emma has considerable experience of aviation disputes (both in court and in arbitration) involving airlines, manufacturers and suppliers of aerospace parts and components, providers of maintenance, repair and support services and aircraft charterers. Emma’s experience includes:

• Acting as junior counsel (led by Edward Cumming KC (XXIV Old Buildings)) for the successful defendant airline in Optimares S.p.A. v Qatar Airways Group Q.C.S.C. [2022] EWHC 2461 (Comm), [2022] EWHC 2507 (Comm). These commercial court proceedings concerned the airline’s decision to terminate programmes for the design and manufacture of business class and economy aircraft seats for B787, A321 and B777 aircraft for its convenience. Emma attended various interlocutory hearings as sole counsel (including the costs and case management conference and contested disclosure hearings). Optimares’ claim was dismissed after a 3-week trial in July 2022, and an indemnity costs order made in Qatar Airways’ favour (see the costs judgment at [2022] Costs LR 1475).
• Acting as junior counsel (led by Steven Thompson KC (XXIV Old Buildings)) for the successful claimant airline in Cathay Pacific Airways Limited v Lufthansa Technik AG [2020] EWHC 1789 (Ch), a dispute involving the construction of a contract between two commercial airlines for the provision of jet engine maintenance services and the test for the implication of terms of good faith and reasonableness into commercial contracts (including the test for ‘relational contracts’ in the commercial context).
• An LCIA Arbitration (2019 – 2021) involving claims concerning contracts for the manufacture of electronic components for flight refuelling systems (led by Steven Thompson KC XXIV Old Buildings)).
• Sole counsel instructed to draft statements of case for a global transport and logistics service provider in respect of claims concerning breaches of an aircraft charter agreement (2022).
• Junior counsel in nine consolidated claims involving international parties and contracts for the manufacture and supply of aerospace components, under the LCIA rules (led by Steven Thompson KC and Hugh Miall (XXIV Old Buildings)) (2020 – 2022).
• Junior counsel in a Commercial Court proceedings between international parties involving a contract for the supply of aircraft parts and components and the provision of repair and maintenance services (led by Steven Thompson KC (XXIV Old Buildings)) (2019 – 2020).
• Junior counsel in a claim for the return of part of the purchase price of aircraft paid in advance of delivery of aircraft (led by Steven Thompson KC (XXIV Old Buildings)) (2020).
• Junior counsel in a claim by an airfield against a defendant local authority involving claims for breach of contract, restitution for unjust enrichment and losses consequential upon negligent misstatements (led by Andrew Holden (XXIV Old Buildings)) (2020 – 2021).
• Regularly instructed behalf of defendant airlines in EU Regulation 261/2004 claims.

• Emma is acting as junior counsel for a spread-betting company in proceedings involving contractual claims and allegations concerning the FCA’s Conduct of Business Sourcebook.
• Emma is presently acting as sole counsel for a spread-betting company in a dispute concerning the nature of custodian arrangements with respect to cryptoassets.
• Emma is presently instructed as junior counsel in a dispute involving claims under the Financial Services and Markets Act 2000.
• Emma was recently instructed as sole counsel in proceedings before the London Circuit Commercial Court concerning the terms on which the bank was appointed to write performance linked notes for end investors for an Israeli data storage company.
• Emma has also been involved in (i) claim for sums due under a financial instrument upon the maturity date and (ii) mis-selling claims in relation to the sale of securities.

• Invest Bank v El-Husseini & others [2022] EWHC 894 (Comm): acting as junior counsel (led by Daniel Warents (XXIV Old Buildings)) for defendants on a jurisdiction challenge in commercial court proceedings concerning claims to enforce foreign judgments, declarations concerning beneficial ownership and claims under sections 423-425 Insolvency Act 1986.
• Advising (as sole counsel) a group of investors (whose losses collectively exceed £2 million) in respect of claims in knowing receipt, dishonest assistance, and unjust enrichment against recipients of funds in the context of a fraudulent investment scheme.
• Junior counsel in an LCIA arbitration culminating in a three-week evidentiary hearing which involved multiple parties and allegations of breach of trust, and claims in knowing receipt, dishonest assistance and unlawful means conspiracy (led by Bajul Shah (XXIV Old Buildings)).
• Advising trustees of an offshore trust in respect of possible claims against trust assets following investigations commenced by authorities in Canada, including advising on the application of the Guardian Trust principle in light of the prospect of such claims.
• Emma has also acted (as sole counsel) in proceedings in the Chancery Division involving applications for injunctive relief in respect of assets held on trust (including attending a contested return date hearing for the continuation of a proprietary injunction).
• Emma also has experience drafting (as sole counsel) statements of case in claims involving allegations of breach of trust, knowing receipt and dishonest assistance and the application of foreign law.

Emma’s core practice area is commercial disputes, spanning a wide range of sectors.

• Emma is presently instructed by a life insurance broker in relation to claims and counterclaims arising out of the termination of an agency agreement.
• Emma is presently instructed by two spread-betting companies in relation to claims with former customers.
• Emma was recently instructed as sole counsel in proceedings before the London Circuit Commercial Court concerning the terms on which the bank was appointed to write performance linked notes for end investors.
• PPG Industries v F&G Trading (2020-ongoing): Emma acts for the claimant in proceedings on-going in the London Circuit Commercial court concerning the termination of a lease for ISO shipping containers.
• Advising (as sole counsel) a high street retailer in relation to claims bought by its marketing agency for breach of contract.
• Drafting (as sole counsel) statements of case in a construction dispute involving claims for breach of contract and in unjust enrichment.
• Junior counsel in a claim by an airfield against a defendant local authority involving claims for breach of contract, restitution for unjust enrichment and loss consequential upon negligent misstatements (led by Andrew Holden).

Emma’s experience of aviation disputes (acting for airlines, manufacturers and providers of aircraft maintenance and support services and aircraft charterers in cases in court and in arbitration) and banking and finance disputes and is set out above.

Emma has a particular interest in private international law and commercial disputes raising issues relating to jurisdiction having been awarded the Herbert Smith Freehills Prize for Conflict of Laws whilst reading Law at Cambridge (2016). Whilst in practice Emma has been involved in: (i) challenges to the jurisdiction of the English court in proceedings in the Commercial Court and Chancery Division; (ii) advising on the procedure for enforcing and recognising foreign judgments in this jurisdiction; and (iii) advising on the application of Rome I and Rome II regulations and the applicability of foreign law.

• Emma has considerable experience acting in (and advising on) unfair prejudice petitions under ss.994-996 Companies Act 2006. Emma is presently acting (as sole counsel) for:
  • four respondents to an unfair prejudice petition presented by a German construction company arising out of a joint venture company incorporated to perform construction works for Southern Water. Sums in excess of £2 million are claimed.
  • the respondent to an unfair prejudice petition arising out of the management of a company offering power distribution services and alleged to have been run as a quasi-partnership.
• Emma also has experience of claims for injunctive relief to restrain the presentation of winding up petitions where the debt is disputed or the English court does not have jurisdiction, and has been involved in advising on the merits of applying to have a statutory demand set aside.