Emily Husain

Emily has considerable experience of disputes involving financial institutions including commercial disputes,  applications for disclosure and professional negligence as well as regulatory proceedings.

Recent work:

• Bilta UK Ltd (in liquidation) v SVS Securities Plc & Ors: international fraud claim involving wide ranging claims of fraud and dishonesty against financial institutions and individuals arising out of MTIC carousel fraud and trading in EUAs.
• Eleanor Fisher & Gordon MacRae v KPMG (UK) Ltd & David Yim: the joint liquidators of the Cayman based Primeo fund successfully applied for a third party disclosure order in respect of information relating to proceedings against HSBC entities in Cayman.
• Anne O’Keefe & Alistair Beveridge v Cevdet Caner & Ors: breach of duty and negligence claims against the directors of a Jersey asset management company.
• LIBOR misrepresentation and misselling claims.
• Interest rate swap disputes for both banks and claimants.
• Cases relating to the Consumer Credit Act 1974.
• Financial and regulatory and disciplinary proceedings brought by the FCA.

Civil fraud and asset tracing form a major plank of Emily’s practice.  She has handled both domestic and international disputes, handling inter alia applications for disclosure and freezing orders.

She has particular experience of claims involving conspiracy and dishonesty.  She is also well versed in related claims for breach of duty and shareholder disputes.

Her expertise extends to MTIC carousel fraud and push payment fraud.

Recent work:

• Bilta UK Ltd (in liquidation) v SVS Securities Plc & Ors: international fraud claim involving wide ranging claims of fraud and dishonesty against financial institutions and individuals arising out of MTIC carousel fraud and trading in EUAs.
• Avonwick Holdings Ltd & Ors v Castle Investment Fund Ltd & Ors: unlawful means conspiracy claim involving multiple jurisdictions including Saint Vincent and the Grenadines and the BVI.
• SCOR SE v Barclays Bank: breach of confidence under English and French law.
• Claim for breach of confidence and breach of contract in relation to the alleged misuse of confidential technical and commercial information relating to aircraft design.

Emily has a particular interest in arbitration and has been involved in a variety of different procedures including most recently LCIA arbitrations involving the Ukrainian oil and gas industry and also an energy dispute involving the UK solar farm industry.

Emily is first and foremost a commercial disputes lawyer.  Her experience covers a large number of complicated disputes, both domestic and international, and ranging from breach of contract to shareholder disputes.

She has particular expertise in civil fraud and banking and finance related disputes (more detail of which is shown in those parts of her profile).

Recent work:

• Avonwick Holdings Ltd & Ors v Castle Investment Fund Ltd & Ors: unlawful means conspiracy claim involving multiple jurisdictions including Saint Vincent and the Grenadines and the BVI.
• Bilta UK Ltd (in liquidation) v SVS Securities Plc & Ors: international fraud claim involving wide ranging claims of fraud and dishonesty against financial institutions and individuals arising out of MTIC carousel fraud and trading in EUAs.
• Pamplona Strategic Investments Ltd v International Standard Asset Management & Ors: a wide ranging shareholder dispute.
• SCOR SE v Barclays Bank: breach of confidence under English and French law.
• Eleanor Fisher & Gordon MacRae v KPMG (UK) Ltd & David Yim: the joint liquidators of the Cayman based Primeo fund successfully applied for a third party disclosure order in respect of information relating to proceedings against HSBC entities in Cayman.
• Anne O’Keefe & Alistair Beveridge v Cevdet Caner & Ors: breach of duty and negligence claims against the directors of a Jersey asset management company.
• Toucan Energy Holdings & Anor v Wirsol Energy Ltd & Ors. Emily was instructed as junior counsel in 2020 in the five-week trial of a technically complex and high-value dispute within the UK renewable energy sector, involving claims of approximately £50m.

Recently Emily has been involved in a substantial multi-jurisdictional shareholder dispute concerning CIS mining interests.

Emily handles a wide variety of disputes involving the construction sector.  Her specific interest is in the energy sector (see Energy & Renewables tab).

Emily was recently instructed as sole counsel in a two-day trial arising out of a construction contract concerning a domestic property development involving issues relating to the Consumer Rights Act 2015.

Emily has a particular interest in arbitration generally.  As regards construction claims, she was recently involved in a multi-jurisdictional dispute concerning breaches of contract, in the context of construction of solar farms in the UK.

Disputes relating to the energy and renewables market are a specific area of interest for Emily.

She is instructed in Toucan Energy Holdings & Anor v Wirsol Energy Ltd & Ors, which is a breach of contract dispute concerning the sale and construction of a UK solar park portfolio, where the quantum claimed is approximately £60m.

Emily regularly encounters insolvency-related issues and has good experience of both personal and corporate insolvency proceedings, particularly internationally.

Recent work:

• Bilta UK Ltd (in liquidation) v SVS Securities Plc & Ors: international fraud claim involving wide ranging claims of fraud and dishonesty against financial institutions and individuals arising out of MTIC carousel fraud and trading in EUAs. A large number of insolvency applications resulted.
• Avonwick Holdings Ltd & Ors v Castle Investment Fund Ltd & Ors: unlawful means conspiracy claim involving insolvent companies in multiple jurisdictions including Saint Vincent and the Grenadines and the BVI.
• Eleanor Fisher & Gordon MacRae v KPMG (UK) Ltd & David Yim: the joint liquidators of the Cayman based Primeo fund successfully applied for a third party disclosure order in respect of information relating to proceedings against HSBC entities in Cayman Islands.

Emily handles personal insolvency claims, usually in relation to a wider commercial claim.

Recent work:

• Avonwick Holdings Ltd & Ors v Castle Investment Fund Ltd & Ors: unlawful means conspiracy claim involving multiple jurisdictions including Saint Vincent and the Grenadines and the BVI as well as a large number of related personal insolvency claims.
• Mr Jeremy Mark Willmont and Ms Emma Sayers (n their capacities as Joint Trustees in Bankruptcy of Mikhail Shlosberg) v Elm International Ltd & Ors: extensive multi-jurisdictional set of proceedings brought against trusts and individuals (Emily acted for Mr Shlosberg) for declaratory and proprietary relief.

Mr Jeremy Mark Willmont and Ms Emma Sayers (n their capacities as Joint Trustees in Bankruptcy of Mikhail Shlosberg) v Elm International Ltd & Ors: extensive multi-jurisdictional set of proceedings brought against trusts and individuals (Emily acted for Mr Shlosberg) for declaratory and proprietary relief.

Emily handles professional negligence claims for both claimants and defendants in relation to issues involving financial and insolvency professionals.

Recent work:

• Anne O’Keefe & Alistair Beveridge v Cevdet Caner & Ors: breach of duty and negligence claims against the directors of a Jersey asset management company.

Emily has wide-ranging international experience of commercial disputes and insolvency proceedings internationally including specifically the Cayman Islands, BVI, Bermuda, Channel Islands, St Vincent and the Grenadines.