Emily Duckworth


Emily Duckworth

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



 

‘‘Calm, intelligent and a pleasure to work with’’

Chambers UK

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 a focus on property litigation, trusts and inheritance and commercial disputes. She also undertakes professional negligence work relating to her areas of practice and has significant experience of insolvency and directors disqualification proceedings, having previously been a member of the Attorney General’s Regional Panel.

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 accepts instructions on a public access basis in appropriate cases.

Emily delivers seminars at Chambers events on a regular basis and is happy to provide in-house training to solicitors. She will speak on the subject of service charge disputes at the Kings Property Seminars in the summer of 2018.

 

Year of Call: 2003
 

Areas of Expertise        

Chancery

Chancery

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.

Emily’s insolvency experience includes bankruptcy proceedings in the County Court, applications arising in connection with the administration and liquidation of companies in the Chancery Division of the High Court and applications brought by insolvency practitioners in connection with property.

Dispute Resolution

Dispute Resolution

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).

Professional Negligence

Professional Negligence

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.

 

Property

Property

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 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 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.

 

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

"A decent and well-prepared junior who knows what she's doing." "Calm, intelligent and a pleasure to work with." - Chambers UK 2018
 

Client comments and testimonials

‘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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