Emily Duckworth

Emily is experienced in dealing with claims arising out of loans, mortgages and guarantees including issues such as forgery, undue influence and lack of capacity.

Emily undertakes claims arising out of mortgages, guarantees, the sale and supply of goods and property and all forms of contractual disputes.
 

Significant or Reported Cases
 

Basanta v Bradshaw: Five day trial in the High Court in Bristol in which the Court had to consider the damages to be awarded for fraudulent misrepresentations made in the SPIF by the vendors of riverside property (as to whether that property had previously flooded).

Emily is experienced in dealing with bankruptcy and winding up petitions and applications arising in connection with the administration and liquidation of companies in the Business and Property Courts.

Emily undertakes contentious trusts and Probate work including disputes relating to the validity of wills, administration of estates and claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Significant or Reported Cases

• Advised in relation to the domicile of the deceased in an IPFDA case involving an ex-pat living in Spain prior to his death
• Advised a local authority in relation to the interpretation of a significant gift of property made to the authority in the 1950s

Emily has been instructed on a number of professional negligence claims related to property including claims arising out of inaccurate survey reports, errors in conveyancing and the failure to obtain security for monies advanced by mortgage lenders.

Significant or Reported Cases

• Brown v Hall & Co LLP: Claim for professional negligence against a firm of solicitors intervened by the SRA in connection with the North East Property Buyers litigation.

Emily has extensive experience of Real Property litigation including commercial and residential landlord and tenant litigation, complex mortgage possession claims, nuisance claims, disputes arising in connection with title to land, adverse possession and issues of land registration. She is frequently asked to advise in relation to the interpretation of easements and covenants.

Significant or Reported Cases

• Advised the purchaser under a contract of sale in relation to the cancellation of a unilateral notice entered where there was a dispute as to whether the contract had been repudiated
• Advised Highways England regarding the effect of restrictions against the title of property to be acquired under a compulsory purchase order.
• Advised the tenants of an apartment block in the north of England in relation to the enforceability of a covenant registered against their title which sought to prohibit objection to change of use of neighbouring land
• Advised the tenants of an apartment block in Salford in relation to the ability of their landlord to recover the cost of replacing Grenfell Tower style cladding through the service charge.
• Recovered possession of residential premises on behalf of a mortgage lender where the mortgage debt remained unpaid after the end of the mortgage term and the court’s power to reschedule the debt under s. 36 AJA 1970 was in issue.
• Wirral BC v Secretary of State for Communities and Local Government: Acted for the Secretary of State in relation to a high value dilapidations claim in respect of the Cunard Building, Liverpool where the effect of the cap in s. 18 LTA 1987 was in issue.