Emily Duckworth

Year of Call: 2003

Year joined Chambers: 2006

Profile:

Emily practises exclusively within the Chancery and commercial fields and has particular expertise in property litigation, trusts, commercial litigation (including banking, mortgage litigation and general contractual claims) and insolvency. Emily regularly appears in the County Court and High Court representing clients nationwide ranging from individuals to large institutions. She is happy to appear at mediations.

Property

Emily has a keen interest in property law and her practice spans all forms of property litigation. Emily's work includes:

• Disputes concerning boundaries and easements

• Claims for the possession of land (both residential and commercial)

• Co-ownership of land disputes

• Adverse possession claims

• Applications in the Chancery Division arising out of mortgage fraud and lender error

• Construction of leases and contracts for the sale of land

• Commercial lease renewals.

Emily has appeared before the Adjudicator to HM Land Registry and the Leasehold Valuation Tribunal. She is regularly instructed by commercial clients, private individuals and local authorities in this field.

Emily also has experience of professional negligence claims with a land-related element against solicitors and surveyors.

Trusts and traditional Chancery litigation

Emily undertakes a range of work in this area including advising on matters relating to the administration of estates, applications to the Court of Protection and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Emily has experience of disputes under the Trusts of Land and Appointment of Trustees Act 1996 and is happy to act in co-ownership and proprietary estoppel matters.

Commercial litigation

Emily is regularly instructed in relation to claims arising out of breach of contract, guarantees, hire purchase agreements and the recovery of debts. She undertakes work for and against lenders and has experience of mortgage shortfall claims and issues arising out of mortgage fraud.  Emily is familiar with Consumer Credit Act issues, particularly in the context of mortgage possession claims, and has been instructed in relation to a number of PPI mis-selling claims.

Emily also has experience of partnership disputes in relation to professional practices such as solicitors and medical practitioners.

Insolvency

Emily's practice encompasses both personal and corporate insolvency. She has considerable experience of winding up petitions, bankruptcy proceedings and applications arising out of the administration and liquidation of companies. Recent work includes acting for a lender challenging a company's choice of administrator in the High Court and advising in relation to section 216 of the Insolvency Act.

Seminars

Emily has delivered CPD accredited seminars on a number of topics ranging from civil procedure to overriding interests under the Land Registration Act 2002.

Career and Education

Cambridge University (St. Catharine's College) 1999-2002
MA Law
Awarded Rebecca Squire Scholarship

Oxford University (University College) 2003-2004
BCL

Year of Call: 2003 (Inner Temple)
Awarded the Princess Royal Scholarship and Duke of Edinburgh Entrance Award by Inner Temple

Memberships

Northern Circuit

North Eastern Circuit

Chancery Bar Association

Northern Chancery Bar Association

Northern Circuit Commercial Bar Association (committee member)

Other experience

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

Languages

Working knowledge of French and German