Emma Hughes
Call: 2018
Practice Overview
Emma’s practice spans a diverse range of complex commercial disputes both in litigation and in arbitration across 3VB’s practice areas.
Emma has considerable experience in aviation, civil fraud and banking and financial services disputes. Her recent and current instructions include large multi-party disputes and matters raising conflict of laws issues.
Emma was shortlisted as Shipping, Commodities and Aviation Junior of the year for the Legal 500 Bar Awards 2023.
Emma is ranked by Chambers & Partners for Aviation and by Legal 500 as a Rising Star in Commercial Litigation and Aviation. The directories describe her as “a star”, “a very impressive junior”, “calm”, “exceptionally diligent”, “able to discern a vast amount of complex material at speed”, and as “not afraid to share her intelligent views on bigger-picture issues such as strategy.”
Before coming to the Bar, Emma studied law at the University of Cambridge graduating third in her year and receiving university prizes for Constitutional Law, EU Law and Conflict of Laws. Emma then read for the BCL at the University of Oxford where she was awarded a Distinction and the Peter Birks Restitution Law Prize. Emma subsequently taught Contract Law at St Hilda’s college (Oxford) and worked as a research assistant for Professor Chen-Wishart.
Emma maintains an academic interest in the law. Emma’s recent publications include a contribution to Rethinking Unjust Enrichment (OUP) (co-authored with Professor Chen-Wishart) which considers the law of unjust enrichment from a doctrinal and theoretical perspective.
Notable and recent cases include:
- Farol Holdings Ltd et al v (1) Clydesdale Bank plc (2) National Australia Bank Ltd [2024] EWHC 593 (Ch) – acting for over 800 claimants in group litigation against two banks concerning misrepresentation, negligence, contractual and unjust enrichment claims arising out of the sale and termination of fixed rate tailored business loans (led by Andrew Onslow KC, Lisa Lacob and Liisa Lahti).
- The Russian Aircraft Operator Policy Claims[2024] EWHC 734 (Comm) – acting for an owners of aircraft engines (leased to Russian airlines) detained in Russia following sanctions (led by David Quest KC).
- Voltaire Capital Holdings Limited v Watson et al – acting for a defendant in multi-party proceedings in the English commercial court concerning claims in fraud, contract, unlawful means conspiracy and accessorial liability.
- Optimares S.p.A. v Qatar Airways Group Q.C.S.C. [2022] EWHC 2461 (Comm), [2022] EWHC 2507 (Comm) – acting as junior counsel (led by Edward Cumming KC) for the successful defendant airline, Qatar Airways, in proceedings concerning 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 and involving contractual and restitutionary claims.
- 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 proceedings concerning claims to enforce foreign judgments, declarations concerning beneficial ownership and claims under sections 423-425 Insolvency Act 1986.
Full details of Emma’s experience are set out below.
Arbitration and Related Court Applications
- Junior counsel in an ICC arbitration (led by Ali Malek KC) concerning a contractual dispute relating to the sale of pharmaceutical products (2023-2024).
- 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.
Aviation
Emma was shortlisted as Shipping, Commodities and Aviation Junior of the year for the Legal 500 Bar Awards 2023. 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:
- The Russian Aircraft Operator Policy Claims[2024] EWHC 734 (Comm) – acting for an owners of aircraft engines leased to Russian airlines and that have been detained in Russia following sanctions (led by David Quest KC).
- Optimares S.p.A. v Qatar Airways Group Q.C.S.C. [2022] EWHC 2461 (Comm), [2022] EWHC 2507 (Comm), [2022] Costs LR 1475. Commercial court proceedings concerning 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 (led by Edward Cumming KC).
- 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) (led by Steven Thompson KC).
- An LCIA Arbitration (2019 – 2021) involving claims concerning contracts for the manufacture of electronic components for flight refuelling systems
- 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) (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) (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) (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) (2020 – 2021).
- Regularly instructed behalf of defendant airlines in EU Regulation 261/2004 claims.
Banking and Financial Services
- Farol Holdings Ltd et al v (1) Clydesdale Bank plc (2) National Australia Bank Ltd [2024] EWHC 593 (Ch): acting for over 800 claimants in group litigation against two banks concerning misrepresentation, negligence, contractual and unjust enrichment claims arising out of the sale and termination of fixed rate tailored business loans (led by Andrew Onslow KC, Lisa Lacob and Liisa Lahti).
- Day v FXCM [2023] EWHC 14349 (Comm): 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 crypto-assets.
- Emma is presently instructed as junior counsel in group litigation 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.
Civil Fraud
- Bank Oktritie v Mints: junior counsel defending US850 fraud claim by two banks controlled by the Central Bank of Russia.
- The University of Sheffield v KuDOS (2024): acting (with Matthew Parker KC) for the University in misrepresentation claims arising out of the variation of a licence agreement.
- Voltaire Capital Holdings Limited v Watson: acting for a defendant in proceedings in the English commercial court concerning claims for US$100 m in fraud, contract, unlawful means conspiracy and accessorial liability.
- Invest Bank v El-Husseini & others [2022] EWHC 894 (Comm): 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 trust assets(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.
Commercial Dispute Resolution
Emma’s core practice area is commercial disputes, spanning a wide range of sectors. She is regularly instructed led and unled to act in a range of high value and complex commercial disputes both in litigation and in arbitration:
- Capgemini v 3DS: junior counsel in contractual dispute over IT software for Royal Mail (led by Rajesh Pillai KC).
- The University of Sheffield v KuDOS (2024): acting (with Matthew Parker KC) for the University in misrepresentation claims arising out of the variation of a licence agreement.
- Lifesearch v MPG: acting for 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 (2020-2022): junior counsel 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.
Company & Insolvency
- 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.