Emily Duckworth


Property

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Harry Young
Rory Davis


Property

Emily has extensive experience of Real Property litigation including:

  • Commercial landlord and tenant disputes
  • Residential landlord and tenant disputes
  • Mortgages
  • Easements
  • Restrictive Covenants
  • Land Registration
  • Title Rectification
  • Adverse Possession
  • Nuisance claims
  • Co-ownership and proprietary estoppel disputes

 

Significant Cases

Wirral BC v Secretary of State for Communities and Local Government: High value dilapidations claim in respect of the Cunard Building, Liverpool where the effect of the cap in s. 18 LTA 1927 was in issue.

 

Ellis v Fitton & Newman: Claim regarding the beneficial ownership of a plot of land in rural Derbyshire used for an equine business. Hard-fought four day trial with a brain-injured defendant and a large number of witnesses.

 

Burnley BC v Garcia: Possession claim in relation to land adjacent to land to which the defendant had previously acquired title by adverse possession. Issue as to whether the defendant could have acquired a right of way over the adjacent land via prescription during the period of time used to support adverse possession.


 

"Emily is an impressive advocate - calm, clear and very persuasive with an air of confidence that is very reassuring."

Instructing Solicitor

Profile

Emily is a Chancery and commercial practitioner with a strong academic background and a clear, practical and user-friendly approach to litigation.

Her practice is largely contentious, with particular specialism in Real Property litigation, trusts and inheritance and commercial litigation. She also undertakes insolvency work, in particular in respect of property disputes within insolvency proceedings, directors disqualification proceedings and professional negligence work relating to her areas of practice.

Emily regularly acts in the County Court, the High Court and the First Tier Tribunal (Property Chamber) Residential Property and Land Registration divisions. Her clients include banks and national limited companies, LPA receivers, local authorities and private individuals. She was appointed to the Attorney General’s Regional Panel in 2012 and is often instructed to appear on behalf of the Secretary of State.

Emily regularly delivers seminars at Chambers events and in-house to solicitors. Recent seminars have included a case law update on Rectification and Indemnity under the Land Registration Act 2002 and a practical guide to adverse possession under the old and new regimes.

 

Year of Call: 2003

Areas of Expertise        
  • Chancery
  • Dispute Resolution
  • Professional Negligence
  • Property                

 

Memberships 

Member of the Northern and North Eastern Circuits

Member of the Chancery Bar Association

Member of the Northern Chancery Bar Association

Member of the Northern Circuit Commercial Bar Association (committee member)

Member of the British Irish Commercial Bar Association

 

Appointments

Research Assistant at the Law Commission for England and Wales, Property Family and Trust Law team 2004-5

Junior Counsel to the Crown (Regional Panel) 2012

Qualifications

BA Law 2002  St. Catharine’s College, Cambridge (MA 2006)

Awarded Rebecca Squire Scholarship

BCL 2004 University College, Oxford

Awarded the Princess Royal Scholarship and Duke of Edinburgh Entrance Award by Inner Temple

 

Recommendations

‘I have instructed Emily on a difficult injunction/ damages matter. Emily got straight to the main issues and gave clear, concise advice. Emily is an impressive advocate - calm, clear and very persuasive with an air of confidence that is very reassuring. I will certainly be instructing Emily in the future and would not hesitate to recommend her’. Instructing Solicitor in case of Northern Powergrid (Yorkshire) Plc

‘You have been such a great source of knowledge, help and support in your dealings with us! I thank you most sincerely for everything that you have done. You are a credit to your profession’. Public access client in adverse possession dispute

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