Emily is highly recommended as a leading junior in multiple categories by both independent directories. She regularly appears in high profile litigation and is instructed in 3 of The Lawyer's Top 20 cases 2017-18. She practises in EU, Public and Commercial law. The cross-over between those core areas is the foundation for her expertise in Competition, State aid, Procurement, and Regulatory law. She is described as "smart, commercial and a pleasure to work with" (Legal 500 2017). In addition to her London-based practice, Emily is a full member of both the Law Library of Ireland (Dublin) and the Bar of Northern Ireland: a cross-jurisdictional expertise of particular value in the context of Brexit and in telecommunications and utilities work. She has previously worked on secondment in the Chambers of Judge Vajda at the CJEU.

Early in her career, she was awarded the traditional red bag for excellence as a junior by Lord Woolf, the only such award he has given. Emily is Junior Counsel to the Crown (C Panel).

Other independent directory descriptions include:

- "Fantastically bright, very responsive and provides concise pragmatic advice." (leading junior for Public Procurement, Legal 500 2018).

- "Sharp, intelligent; her client-handing is very good and she is always a pleasure to deal with." (leading junior for EU Law, Legal 500 2018).

- "Notable expertise in EU competition law" and particular expertise in state aid matters (leading junior for Competition Law, Chambers & Partners 2018).

-  "In-depth knowledge of telecommunications law" and "noted for the strength of her advisory practice" (leading junior for Telecommunications Law, Chambers & Partners 2018).

- "A well researched, conscientious and determined advocate" ( leading junior for EU Law, Legal 500 2017).

-  "Extremely able, pragmatic and personable" (leading junior for Procurement Law, Legal 500 2017).

- "One to watch" (leading junior for Competition Law, Legal 500 2017).

- "A smart, organised lawyer who can deal with complex issues quickly." (Chambers & Partners 2018).

- "She is incredibly efficient and pulls things together in short order. Emily has a practical and lateral way of thinking and proves very helpful in formulating strategies." (Chambers & Partners 2018).

- "Very perceptive in interpreting complex EU rules" (Legal 500 2017).


Experience

Shortlist

EU & Competition

Emily is ranked as a leading junior in EU and Competition Law by Legal 500 and Chambers & Partners.

Emily has experience in a wide range of fields of EU law having worked as a judicial assistant for UK Judge Vajda in the Court of Justice of the European Union (2013). That work included cases in the fields of the EU sanctions regimes, State aid, appeals against Commission fines for cartel activity, taxation, customs duties, VAT, EU Constitutional law and equality law.

Emily is regularly instructed in both commercial and regulatory competition matters and increasingly acts as sole counsel in high profile matters.

Emily is particularly well placed to deal with Brexit and cross-border issues, having been a member of the Northern Irish and Irish Bars since (respectively) 2012 and 2015. She is a full member of both the Dublin and Belfast Bar Libraries and actively practises in all three jurisdictions.

Emily is regularly instructed in both commercial and regulatory matters and increasingly acts as sole counsel in high profile matters.

Emily is a contributor to the most recent edition of Bacon’s EU Law of State Aid and the EU competition chapter in the most recent edition of Goulding’s Employee Competition and is on the steering committee of the UK State Aid Lawyers’ Association.

Within her wider EU practice, Emily has specialisms in competition law, procurement law, telecommunications and State aid (see the separate entries).

Cases

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Commercial

Emily acts in substantial commercial disputes, both as junior and as sole counsel. She has experience of high value commercial litigation and arbitration, including commercial litigation in overseas jurisdictions and of applications under the Companies Act 2006 (including unfair prejudice applications).

She has extensive experience of handling fraud cases as sole counsel, including applications for a variety of injunctions including ex parte search orders, freezing injunctions, Norwich Pharmacal orders and related applications such as committal for contempt of court.

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Public & Regulatory

Emily has a broad practice in Public, Human Rights and Constitutional law. She has acted for a wide range of clients, including individuals, various UK Government Departments, a number of foreign governments and various household name corporations including the BBC, Royal Mail Group, The Times Newspapers Limited, Vodafone, Telefonica.

There is considerable cross-over between Emily's Public and Regulatory practice and her EU and Competition expertise. In her regulatory practice she acts for both regulators and public bodies (including OFCOM, OFGEM, the Competition and Markets Authority, the Airport Slot Coordinator and the General Medical Council) and regulated entities. 

For aspects of Emily’s public law practice which involve civil liberties, see the separate cv section.

Cases

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Telecommunications

Emily is ranked as a leading junior in Telecommunications by both Legal 500 and Chambers & Partners. She has an in-depth understanding of the law governing the telecommunications sector (and analogous communications sectors, particularly postal services and broadcasting).

Emily successfully appeared in three important telecommunications appeals in the Court of Appeal in 2017-2018: the Spectrum Fee Judicial Review (for Vodafone), the Ethernet Appeals (for Ofcom) and the 5G Auction Appeal (for Telefonica).

Issues upon which she has advised include Ofcom’s regulatory powers and duties, Ofcom’s dispute resolution functions, public service provision, universal service obligations, the development and regulation of on-demand platforms, and spectrum auction and licensing. She has acted for both regulated entities (fixed line and mobile telecommunications providers, the BBC and Royal Mail) and for regulators including both Ofcom and the Competition and Markets Authority.

Emily’s communications practice is underpinned by the cross-over between her expertise in EU and Competition law, Public and Commercial law. 

She is the contributor of the Media and Communications Chapter in  Bacon, EU Law of State Aid.

Cases

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State Aid

Emily's particular experience in State aid law is noted in Chambers & Partners 2018. She is the contributor of the Media and Communications Chapter in Bacon, EU Law of State Aid and is on the steering committee of the UK State Aid Lawyers Association. She is regularly invited to speak and give training on issues of State aid law, in both England and Northern Ireland. Much of Emily’s work in the State aid context is confidential. 

Cases

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Procurement

Emily is ranked as a leading junior in Procurement Law by Legal 500. Her EU, Competition and Public Law expertise underpin her practice in public procurement law. She regularly advises on procurement matters and much of this work is highly confidential. 

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Energy

Emily has appeared in some of the most significant energy cases in the last year, including Breyer (one of The Lawyer’s Top Cases 2018), Buick (relating to the key interconnector needed for the Single Electricity Market), and the Renewable Heat Incentive Inquiry (addressing the botched energy scheme which caused the fall of Government in Northern Ireland).

She is instructed on confidential matters by Ofgem, by the Oil and Gas Authority (energy regulators in Great Britain) and by the Northern Ireland Authority for Utility Regulation.

Emily is particularly well placed to act in issues which arise in the context of the Single Electricity Market, because of her cross-jurisdictional expertise: she practises in all three relevant jurisdictions (Northern Ireland, Ireland and GB).

Emily has broad energy experience including competition issues, regulatory matters and issues arising in relation to renewables schemes. The context of her energy work ranges from commercial litigation to public law challenges and advisory work for energy suppliers, businesses in the energy industry and regulators.  Her expertise in EU and competition law underpins her energy practice.  

Emily spent over six months on secondment to Ofgem in the first year of her practice, gaining experience in a wide range of energy matters.

Cases

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Civil Liberties & Human Rights

By reason of her broad Public and Constitutional Law practice, Emily has substantial experience in cases involving issues of civil liberties. Prior to coming to the Bar, Emily worked at the AIRE (“Advice on Individual Rights in Europe”) Centre, advising on the European Convention on Human Rights and European Union free movement and citizenship issues. 

Cases

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Public International Law

Emily advises on issues of Public International Law, including the international law obligations of the European Union. Emily tutored in Public International Law at the University of Oxford in 2008-2009. 

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Private International Law

In connection with Emily’s Commercial practice, she is regularly instructed to act or advise on a broad range of aspects of Private International Law including applicable law and jurisdiction.

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Achievements

Education

BA (Oxon) Law with Legal Studies in Europe (France) (First Class, Proxime Accessit to Wronker Prize for highest mark in Oxford Law Finals); Certificat Supérieur de Droit Français (Mention Très Bien), Université de Paris II; BCL (Distinction).

Prizes & Scholarships

  • First Place, Comparative Public Law, BCL, Oxford University (2009).
  • Arts and Humanities Research Board Highest Award Scholarship for Postgraduate Study (2008-2009).
  • Major Scholar, Inner Temple (2007-2008).
  • Proxime Accessit to the Wronker Prize for the Overall Best Performance in Final Examinations 2007, Oxford University.
  • Field Fisher Waterhouse Prize for Highest Mark in European Community Law, Oxford University (2007).
  • Manches Prize for Highest Mark in Family Law, Oxford University (2007).
  • Lovells’ Prize for Exceptional Academic Performance in Second Year of Legal Studies at Oxford (2005).
  • Norton Rose Prize for Highest Result in Law Moderations, Magdalen College (2004).
  • Scholar, Magdalen College, Oxford (each academic year between 2003- 2007).
  • The Weil Award 2004 from the Northern Ireland Modern Languages Association/University of Ulster for Achievement in Multiple Modern Languages.

Publications

  • Bacon, EU State Aid Law (3rd edition): Chapter on Media and Communications. 
  • Goulding, Employee Competition (3rd edition): Chapter on Competition Law. 
  • Sport: Law and Practice (Lewis and Taylor) (3rd Edition): Chapter on Sport and Discrimination.
  • Tolley’s Discrimination Law Handbook (Sections on: Jurisdiction and Limitation Period, Contract Workers, Job Applicants, Partnerships, Trade Associations, and Individual Liability.)
  • CRD3 Remuneration rules and existing agreements: an English perspective (with Simon Pritchard).  Butterworths Journal of International Banking & Financial Law (Vol 26 No3)

Tutoring

Emily tutored in Public International Law at the University of Oxford during her BCL.

Appointments

Junior Counsel to the Crown (C Panel).

Memberships

  • Bar European Group 
  • Steering Committee of UK State Aid Lawyers Association
  • Editorial Committee of European Advocate
  • Constitutional and Administrative Law Bar Association 
  • Employment Lawyers Association 

Selected earlier reported cases

EU & Competition

  • Work at the CJEU (Cabinet of Judge Vajda), involving a broad range of EU procedural and substantive law including: the EU sanctions regimes, State aid, appeals against Commission fines for cartel activity, taxation, customs duties, VAT, EU Constitutional law and equality law (Summer Term 2013). 
  • Nokia Corporation v HMRC (EU:C:2011:796 Joined cases C-466/09 and C-495/09) assisting Tom de la Mare QC for HMRC (copyright and Trade Marks Directive).
  • Lucy Stewart (EUC:2011:500 Case C-503/09) and related domestic litigation, assisting Tom de la Mare QC for DWP (EU Citizenship, free movement, social security). 
  • FIFA and UEFA v European Commission (EU:T:2011:42 Cases T-68/08, T-385/07 and T-55/08) assisting Tom de la Mare QC and Brian Kennelly (challenge to the Commission’s approval of the UK notification of events to be broadcast for free).
  • Advised Ofgem on the transposition of the third package of EU legislation on electricity and gas markets intended to further liberalise European energy markets (2011).

Competition

  • Advised the Competition Commission (now CMA) throughout the stages of a Market Investigation under Part V of the Enterprise Act (2013-2014).
  • Advised a merging entity as to the satisfaction of conditions placed on the merger by the European Commission (2013-14). 
  • Apollo Property Services Group Limited v Office of Fair Trading [2011] CAT 7 (challenge to OFT cartel decision in construction industry, assisting Tom de la Mare QC).
  • Chemistree Homecare Ltd v Teva Pharmaceuticals Ltd [2011] EWHC 2979 (Ch) (abuse of dominance).
  • Chemistree Homecare Ltd v Roche Products Ltd [2011] EWHC 1579 (Ch) (abuse of dominance).

Commercial

  • Merlin Mineral Resources Limited and Hugh Brown and Associates (PTY) Limited v Kermas Limited (Eastern Caribbean Supreme Court, 2011) - Junior counsel for Claimants in an application for a $57 million freezing injunction arising out of the exploitation of African mining concessions, following termination of arbitration proceedings (led by Stanley Brodie QC).
  • Serious Organised Crime Agency v Perry (2010) - A high value Proceeds of Crime Act case in the High Court, which included experience of ex parte search and freezing orders (assisting Tom Weisselberg QC and Tony Peto QC). 
  • Weavering Capital (UK) Ltd v Peterson and others (2010) - A claim arising from the collapse of the $500 million Weavering hedge fund, raising issues of deceit/misrepresentation, breach of fiduciary duty, negligence, and breach of statutory duty (assisting Tom de la Mare QC).

Public & Regulatory

  • The Woolf Inquiry: LSE’s links with Libya (2011) - Junior to Lord Woolf in his Inquiry into the London School of Economics’ links with Libya, published November 2011 (www.woolflse.com). In recognition of her work on the Inquiry Lord Woolf presented Emily with the traditional red bag for excellence as a Junior Counsel; the only such bag which Lord Woolf has given.
  • R v Waya [2013] 1 AC 249 (with Lord Pannick QC). 
  • Serious Organised Crime Agency v Gale [2011] UKSC 49 (with Tony Peto QC). 
  • R (Sinclair Collins) v Secretary of State for Health [2012] 2 W.L.R. 304 (assisting Tom de la Mare QC). 
  • Scopelight & Ors v Chief Constable of Northumbria Police & Federation Against Copyright Theft [2009] EWCA Civ 1156 (assisting Tom Weisselberg QC). 
  • Prior to coming to the Bar, Emily worked at the AIRE (“Advice on Individual Rights in Europe”) Centre, advising on the European Convention on Human Rights and European Union free movement and citizenship issues.

Telecommunications

  • Vodafone v BT [2010] EWCA Civ 39 - Court of Appeal litigation concerning the ex ante nature of Ofcom’s powers when dealing with mobile call termination rates imposed by Ofcom using its powers to impose conditions to combat the misuse of SMP (assisting Tom de la Mare QC).

Civil Liberties & Human Rights

  • R v Waya [2013] 1 AC 249 (with Lord Pannick QC). 
  • Serious Organised Crime Agency v Gale [2011] UKSC 49 (with Tony Peto QC). 

Public International Law

  • Acted in a dispute relating to sovereign immunity of a Head of State (assisting Maurice Mendelson QC) (2010).

Private International Law

  • Unit Export v Pennelli Veicoli Speciali (2011) - Sole counsel for the Claimant in a jurisdiction dispute in the High Court, related to a claim arising out of a contract for the supply of water trailers to the South Sinai Regional Development Programme in Egypt, which involved a number of issues of private international law. 

Sport

  • FIFA and UEFA v European Commission (EU:T:2011:42 Cases T-68/08, T-385/07 and T-55/08), assisting Tom de la Mare QC and Brian Kennelly (challenge to the Commission’s approval of the UK notification of events to be broadcast for free).

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