Emmeline Plews

Successfully resisting permission to appeal from Bryan J’s judgment holding Genworth liable for significant losses suffered by AXA relating to historic PPI mis-selling (assisting Andrew Green QC and Fraser Campbell).

Advice to policyholders interested in the FCA’s test case regarding insurance claims for business interruption losses during the Covid-19 pandemic (assisting Hanif Mussa).

Advising a lender regarding potential claims by borrowers that terms in their mortgage agreements were unfair (assisting Hanif Mussa).

Advised on issues of contractual construction and termination (assisting Andrew Scott).

Drafted a pleading in a claim for deceit (assisting Andrew Scott).

Business and Property Courts, 2020; [2020] EWHC 1201 (Comm)

The Defendant’s application for default judgment for payment of a debt was granted successfully, and the Claimant’s jurisdiction challenge was dismissed (assisting Andrew Scott).

Court of Appeal, ongoing

An appeal challenging the High Court’s decision ([2019] EWHC 2766 (Ch)) that the English Court does not have jurisdiction to hear a claim for declaratory relief in respect of alleged abuse of dominance in global markets for licensing standard essential patents (assisting Andrew Scott).

Advice and pleading in response to a claim for breach of warranty in a share purchase agreement (assisting Fraser Campbell).

County Court, 2020

Advised and drafted a pleading concerning a dispute regarding the payment of commission fees under a contract (assisting Andrew Scott).

Advice regarding a potential unfair prejudice petition (assisting Fraser Campbell).

Early disclosure application to arbitrator in relation to a dispute concerning a business restructure (assisting Andrew Green QC and Fraser Campbell). 

LCIA Rules

Arbitration concerning an alleged breach of contract, including a claim under the Sale of Goods Act 1979 (assisting Fraser Campbell).

Supreme Court, 2020

Appeal by Uber concerning whether drivers who use the Uber app are “workers”, and if so, how working time should be measured for the purposes of calculating entitlements under employment protection legislation (assisting Dinah Rose QC and Fraser Campbell).

Assisted Diya Sen Gupta QC with advice on employment status and part-time workers’ rights.

Assisted Diya Sen Gupta QC with advice regarding construction of multiple employment contracts concerning employees’ entitlements to enhanced redundancy payments.

High Court, 2019

Assisted Diya Sen Gupta QC in seeking a stay of English High Court proceedings on behalf of three Cantor Fitzgerald employees on the basis that any such proceedings should be brought in the State of New York.

Employment Tribunal, 2019

Assisted Diya Sen Gupta QC in application for strike out and deposit order in whistleblowing detriment claims.

Employment Tribunal, 2019

Assisted Diya Sen Gupta QC with a successful strike out application in a victimisation claim.

Following the Divisional Court’s judgment dismissing the claimant’s challenge to the Crown Court’s decision to impose notification requirements under s.97 of the SOA 2003, the application for permission to appeal under the AJA 1962 was successfully dismissed (assisting Hanif Mussa).

Acting for the Government in opposing an application for permission to judicially review the Government’s badger culling policy (assisting Hanif Mussa).

A judicial review challenge to pilot schemes requiring voters to provide evidence of identification at polling stations in local government elections. The claimant has sought permission to appeal to the Supreme Court (assisting Hanif Mussa).