Emmeline Plews

Advising a film production company regarding a contractual dispute.

Advising a Bank in relation to proposals to re-price its credit cards (with Javan Herberg KC).

Advising a sports club regarding termination of a manager's contract.

Advising a musician regarding termination of a royalties agreement with a record company.

Acted for a sports club in response to a threatened claim for inducing breach of contract in relation to a player's move.

Acting for the respondents defending an unfair prejudice petition (led by Matt Bradley QC). 

Acting for a bank in litigation concerning the lawfulness of interest rate variation provisions in standard variable rate mortgages (with Javan Herberg QC and Hanif Mussa)

County Court, 2020

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

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).

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).

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

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

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).

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).

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

Acting (led by Craig Rajgopaul) for the former CEO of Imagination Technologies in his whistleblowing claim in relation to his high-profile dismissal, following allegations he made relating to national security concerns about a proposed boardroom coup by appointees of the Chinese government. The four-week trial was due to commence in September 2022 but has now been re-listed for 2024.

Acted (unled) for the successful Respondent in a preliminary hearing to determine whether the Tribunal had jurisdiction to hear the Claimant's claims. The issues included whether the Tribunal had (a) territorial jurisdiction; (b) employment status and (c) was brought within time. The judgment can be found here: https://assets.publishing.service.gov.uk/media/62d7cf628fa8f50c0a8a4028/Mr_A_Beydoun_v_Hummingbird_Technologies_Ltd_.pdf

Acted (unled) for the respondent company, resisting claims of disability and sex discrimination by a former employee. The matter settled following several preliminary hearings.

Acting for a headteacher in a claim for constructive unfair dismissal as a result of bullying and harassment.

Acted for one of four defendant employees facing urgent applications for delivery up, provision of information and enforcement of restrictive covenants, and an application for a speedy trial. The employer brought claims for breach of contract, misuse of confidential information, unlawful conspiracy and inducing breach of contract. The matter settled before the speedy trial.

Acting for an employer in relation to former employees' potential breaches of their duties while on garden leave, their restrictive covenants, and their use of confidential information.

Providing advice to an employer on the availability of injunctive relief in respect of confidential information retained by a former employee and the enforceability of restrictive covenants. 

Advising a sports club regarding termination of a manager's contract.

Acted for a sports club in response to a threatened claim for inducing breach of contract in relation to a player's move.

Emmeline (led by Diya Sen Gupta QC) acted for the insurance broker defendants in a dispute which included claims for breach of a non-solicitation covenant and misuse of confidential information. The matter settled shortly before the expedited trial.

Emmeline (led by Diya Sen Gupta QC) acted for a digital media company where there had been a team move.

Emmeline (led by Craig Rajgopaul) acted for the claimant, a senior trader, in a 6-week trial in the Employment Tribunal during September and October 2021, bringing claims for whistleblowing and parental leave detriment.

Emmeline (with Kerenza Davis) acted for the employer against claims for maternity discrimination and unfair dismissal.

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 an employee's right to privacy.

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.

Acted for one of four defendant employees facing urgent applications for delivery up, provision of information and enforcement of restrictive covenants, and an application for a speedy trial. The employer brought claims for breach of contract, misuse of confidential information, unlawful conspiracy and inducing breach of contract. The matter settled before the speedy trial.

Acting for an employer in relation to former employees' potential breaches of their duties while on garden leave, their restrictive covenants, and their use of confidential information.

Providing advice to an employer on the availability of injunctive relief in respect of confidential information retained by a former employee and the enforceability of restrictive covenants. 

Emmeline (led by Diya Sen Gupta QC) acted for the insurance broker defendants in a dispute which included claims for breach of a non-solicitation covenant and misuse of confidential information. The matter settled shortly before the expedited trial.

Emmeline (led by Diya Sen Gupta QC) acted for a digital media company where there had been a team move.

Acted (unled) for a respondent company in relation to a dispute with a customer about whether it had complied with its duty to make reasonable adjustments. The matter settled.

Acted (unled) for the respondent company, resisting claims of disability and sex discrimination by a former employee. The matter settled following several preliminary hearings.

Emmeline (with Kerenza Davis) acted for the employer against claims for maternity discrimination and unfair dismissal.

Employment Tribunal, 2019

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

Emmeline (with Jason Pobjoy) acted for four charities granted permission to intervene in the appeal from the High Court's decision regarding the right of children and young people under 18 to consent to puberty blockers.

Acting (with Emily Neill) for Ofgem following the judgment of Mr Justice Fordham in a judicial review of its refusal to accredit the Claimants as participants in a state subsidy scheme for renewable energy production ([2021] EWHC 84 (Admin)). A claim for compensation for breach of the right to property (A1P1) is now proceeding in the TCC.

Acting (led by Monica Carss-Frisk KC and Jason Pobjoy) for the Claimants in this commercial judicial review challenging the Secretary of State's decisions relating to enfranchisement of Service Family Accommodation.

Acted for the Respondent in response to two habeas corpus applications brought by two British citizens detained in North-East Syria (with Sir James Eadie KC and Jason Pobjoy). The Divisional Court dismissed the applications. The judgment can be found at: https://www.bailii.org/ew/cases/EWHC/Admin/2022/2772.html. The matter is currently on appeal.

Acting for the AAA Claimants, individuals who have sought asylum in the UK, and who have been subject to decisions by the Secretary of State to remove them to Rwanda. The proceedings successfully challenged the lawfulness of the decisions in relation to the individual Claimants. The lawfulness of the Secretary of State's policy of removing asylum seekers from the UK to Rwanda is currently on appeal (with Sam Grodzinski KC, Paul Luckhurst, Jason Pobjoy, Will Bordell and Rayan Fakhoury).

Acting pro bono in relation to several applications under the Afghan Relocations and Assistance Programme following the collapse of the Islamic Republic of Afghanistan.

Acted for a regulator in an application for a statutory injunction to enforce compliance with regulatory requirements (led by Alan Maclean QC).

Emmeline acted for Ofgem in the RIIO-2 energy price control appeals (with Emily Neill and Natasha Simonsen). The CMA's final determinations can be found here: https://www.gov.uk/cma-cases/energy-licence-modification-appeals-2021

Emmeline (with Jason Pobjoy) acted for four charities granted permission to intervene in the appeal from the High Court's decision regarding the right of children and young people under 18 to consent to puberty blockers.

Representing the Secretary of State for Justice in using the 21-day reconsideration mechanism introduced following the Warboys case (led by Jason Pobjoy).

Successfully acted for the mother in her appeal against the Court of Appeal's decision that her daughter had to have made a separate independent asylum application in order to be entitled to protection from refoulement. The Supreme Court held that a child will be an asylum applicant, and be entitled to protection from refoulement, where he or she is objectively understood to be making an application, regardless of whether a separate application is made in the child's own name (with Jason Pobjoy).

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).

Acting (with Emily Neill) for Ofgem following the judgment of Mr Justice Fordham in a judicial review of its refusal to accredit the Claimants as participants in a state subsidy scheme for renewable energy production ([2021] EWHC 84 (Admin)). A claim for compensation for breach of the right to property (A1P1) is now proceeding in the TCC.

Acting (led by Monica Carss-Frisk KC and Jason Pobjoy) for the Claimants in this commercial judicial review challenging the Secretary of State's decisions relating to enfranchisement of Service Family Accommodation.

Acted for the Respondent in response to two habeas corpus applications brought by two British citizens detained in North-East Syria (with Sir James Eadie KC and Jason Pobjoy). The Divisional Court dismissed the applications. The judgment can be found at: https://www.bailii.org/ew/cases/EWHC/Admin/2022/2772.html. The matter is currently on appeal.

Acting for the AAA Claimants, individuals who have sought asylum in the UK, and who have been subject to decisions by the Secretary of State to remove them to Rwanda. The proceedings successfully challenged the lawfulness of the decisions in relation to the individual Claimants. The lawfulness of the Secretary of State's policy of removing asylum seekers from the UK to Rwanda is currently on appeal (with Sam Grodzinski KC, Paul Luckhurst, Jason Pobjoy, Will Bordell and Rayan Fakhoury).

Acting pro bono in relation to several applications under the Afghan Relocations and Assistance Programme following the collapse of the Islamic Republic of Afghanistan.

Emmeline (with Jason Pobjoy) acted for four charities granted permission to intervene in the appeal from the High Court's decision regarding the right of children and young people under 18 to consent to puberty blockers.

Representing the Secretary of State for Justice in using the 21-day reconsideration mechanism introduced following the Warboys case (led by Jason Pobjoy).

Successfully acted for the mother in her appeal against the Court of Appeal's decision that her daughter had to have made a separate independent asylum application in order to be entitled to protection from refoulement. The Supreme Court held that a child will be an asylum applicant, and be entitled to protection from refoulement, where he or she is objectively understood to be making an application, regardless of whether a separate application is made in the child's own name (with Jason Pobjoy).

Emmeline (led by Iain Steele) advised Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services in relation to its thematic inspection on the policing of protests. This involved reviewing existing police powers and criminal law, and advising on the compatibility of reforms with the European Convention of Human Rights.

Acted for a sports club in response to a threatened claim for inducing breach of contract in relation to a player's move.

Advising a sports club regarding termination of a manager's contract.

Acting (with Adam Lewis KC and Ravi Mehta) for the European Tour in relation to challenges brought by professional golfers, Ian Poulter, Adrian Otaegui and Justin Harding, against their suspensions from playing in the Scottish Open and two other DP World Tour tournaments. Following an expedited hearing, the Chair of an Appeal Panel appointed by Sport Resolutions lifted the sanctions pending determination of the golfers' substantive appeals.

Successfully represented a sports body at an oral hearing in relation to a safeguarding incident.

Acting for a sports body in relation to a complex safeguarding investigation involving sexual abuse and multiple defendants.

Successfully represented a sports body at an oral hearing in relation to a safeguarding incident.

Acting for a sports body in relation to a complex safeguarding investigation involving sexual abuse and multiple defendants.