Paul Emerson

Expertise

• Commercial Litigation and Disputes

  Over the last 7 years Paul has been involved in a series of long Chancery trials and disputed Unfair Prejudice Petitions, as well as international and domestic arbitrations. Other work includes insolvency-related matters, partnership, shareholder, internal company as well as contractual disputes and professional negligence claims arising out of such disputes.

  Recent Commercial Litigation:

  • (2025) Re: a dispute concerning sums claimed by an International Letting Agency;
  • (2025) Re: a dispute arising from the demise of Ince;
  • (2024) Re: a dispute concerning Company with various businesses in South London;
  • (2024) Re: a dispute concerning Dissolution of Partnership running a trading Estate and surrounding land;
  • (2024) Dispute concerning Partnership operating a car rental and supply business;
  • (2024) Dispute concerning agency proving letting services;
  • (2023) Dispute concerning Partnership with allegations of cash income being withheld.

  International:

  • Advising in disputes in Malaysia about issues concerning English Law or English Law Concepts including Federal Court (i.e. Apex Court decisions)
  • A v B (2014) - Federal Court case about need for finality and inconsistent decisions.
  • C v D (2014) - Federal Court case about Equitable Damages and measure of damages against a trespasser.

  Fraud

  • Re A v B (2017) - Advising on dispute with allegations that properties had been transferred as part of a fraudulent scheme
  • Re AA Limited (2017) - Advising on claim based on fraudulent misrepresentation on sale of a company
  • Re AB LLP (2017) - Advising on claim against Members who were diverting funds and clients of the LLP
  • Re BB Limited (2017) - Advising directors on allegations that they were misappropriating company funds and misusing company assets
  • CC v DD (2016) - Advising on claims based on conspiracy and diverting contracts from Company
  • Re Accountant Partnership (2016) - Advising partner on fraud by partner and recovering assets
  • Re Solicitors Partnership (2016) - Advising partner on misappropriation of monies by fellow partner
  • EE v FF (2016) - Advising on claims arising from wrongful use of a Power of Attorney and abuse of Position
  • Re a PLC (2015) - complex dispute about a substantial PLC involving serious allegations involving a senior director and millions of pounds of missing funds.
  • A v B (2015) - obtaining enforcement of judgment by setting aside a sham transfer.
  • A V B (2015) - dispute about false Silver Hallmarks.
  • Mead v Simcocks (2014) - complex dispute where Executors were found to have removed and hidden in excess of £400,000 of cash so as to frustrate claim and avoid tax liability.
  • A Ltd V B Ltd & B (2014) - multi million pound claims for Breach of Agreements and fraud.
  • Re a Company (2014) - claim against Senior Director for removing company assets and under declaring income.
  • Re Spearmint Rhinos (2013) - allegations of fraud and dishonest receipt.
  • A v B (2013) – representing shareholders on claims arising from monies being diverted to other companies beyond the control of the main shareholders.
  • A v B (2013) - disputing fraudulent claim for over of £500,000 worth of alleged works and services allegedly provided.
  • A v B (2013) - advising on a claim against a struck off solicitor who had diverted substantial funds for own benefit.
  • Re Topworkman.com Limited (2011) - allegations of fraudulent misrepresentations.
  • JD Weatherspoon PLC v Van Ber Berg [2009] EWHC 639 Ch - fraud by land agents over JD Wetherspoon chain and the duties owed by directors to clients of their company.

  Recent Unfair Prejudice Petitions

  • Re AA Limited (2017) - Advising on an unfair prejudice petition where petitioner forced to leave and attempts to reduce shareholding.
  • Re BB Limited (2016) - Advising on merits of claim after dismissal of Petitioner as employee
  • Re a Company (2015) - advising on the appropriate remedies for the actions of the Board of the Holding Company Board and sister companies.
  • Re a Company (2015) - advising on a petition based on exclusion with dispute as to validity of shareholding.
  • Re a Company (2015) - advising on status and effect of leaver provisions and impact on section 994 Petition.
  • Re a Company (2014) - advising on merits of a petition commenced after shareholder/director removed due to gross misconduct.
  • In the Matter of NCS Holdings (UK) Limited (2013) - a Section 994 Petition that raised issues with regard to the conduct of subsidiary companies and the appropriate remedy.
  • In the Matter of Kilopress Ltd (2010) - dealt with the impact of Part 36 Offers in the context of Petitions.
  • In the Matter of CV Holdings (2010) - dealt with refusal to create a level playing field of information and conflicts between the petitioners.

  Recent Chancery disputes

  • Re AAA Deceased (2017) - Dispute about Estate with allegations that a Will had been lost or destroyed
  • M K Patel v B Patel and others [2017] EWHC 1398 - Dispute concerning allegations in respect of a worldwide Estate worth many millions of pounds.  Claim against a property in England defeated and claim for a worldwide account not accepted by the Court.
  • Re Estate of BBB (Deceased) (2017) - Dispute about Estate and whether married couple still lived as man and wife and possible Inheritance Act Claim.
  • RE Estate of H S Simcock (2017) -Dispute about an application to vary an Order made as a result of an Application under the Inheritance Act where increased tax liability on the estate as a result of incorrect IHT returns being made by earlier executors
  • Re Estate of CCC (Deceased) (2017) - Advising of merits of claims that family members had taken money and assets from unwell mother.
  • Re Estate of DDD (Deceased) (2016) - Advising on merits of claims arising from Executors refusal to provide accurate information about Estate and their decision to allow a claim by the Estate to be struck out
  • Re Estate of EEE (2016) - Advising on possible claims arising from relative with Dementia making substantial presents to friends
  • Re Estate of FFF (2016) - Advising on a claim under the Inheritance Act by adult child
  • Re Estate of GGG (2016) - Advising on claim based on allegations of sibling excluding contact with parents
  • Re a Property (2015) - a complex dispute conserving estoppels arising due to rent agreements before purchase of property.
  • P v P (2015) - multi party dispute with allegations concerning allegedly multi-million point estate spread around many jurisdictions and applications re foreign executors.
  • Re Noddings (2015) - attempts made to remove executor by token applicants directed by the killer of the deceased.
  • Harts v Burbidge [2013] EWHC 1628 (Ch) and Court of Appeal [2014] EWCA Civ 992 - challenges to life time gifts made by deceased to her daughter.
  • Parkinson v Fawdon [2009] EWHC 1953 Ch - Court's ability to construe or rectify a will when the named executor did not exist.
  • Noddings v Noddings (2013) - allegations against executors with regard to dissipation of assets and failure to insure estate property.
  • Re An Estate (2015) - extracting estate accounts from reluctant executors.
  • Re an Inheritance Act Claim (2015) - advising on claim by estranged step daughter claiming via Estate of Mother.
  • Re an Inheritance Act Claim (2015) - advising on claim by widow and stepchildren against adult children following a badly drafted will and agreement.
  • Re an Inheritance Claim (2014) - advising on claim by cohabitee against adult children involving missing assets.
  • Re an Estate (2014) - equitable claim for compensation by Legacy Hunters.
  • Re A Partnership (2014) - claims arising from dishonest acts of deceased partners discovered after death.
  • Re an Incorporated Association (2014) - disputes about operation of Articles and termination provisions.

  Earlier cases

  • Jemma Trust v Kippax Beamont Lewis [2005] EWCA Civ 248 - Court of Appeal decision about solicitors negligence in Court of Protection Application.
  • Clinicare v Orchard [2004] EWHC 1964 QB - misrepresentation claim about the treatment of dry rot.
  • Colonial Finance Limited v KSC Trading [2003] EWCA Civ 1593 - Court of Appeal decision about construction of a commercial agreement.
  • Bellamy v Central Sheffield University (2003) - Court of Appeal decision about a failed Wasted Costs Order and the costs.
  • Sharif v Garrett [2001] EWCA Civ 1269 - Court of Appeal decision about assessing loss of chance in a solicitors negligence case.
  • Barratt Homes v BBF Consultancy [2001] EWCA Civ 1155 - Court of Appeal decision about whether exchange of letters created a contract.
  • Profinance Trust v Gladstone [2001] EWCA Civ 1031 - Court of Appeal decision about award of interest in Unfair prejudice petitions.
  • Scottish Equitable v Derby [2001] EWCA Civ 369 - Court of Appeal decision about change of position defence and payments made under mistake.
  • Hylton Potts v Gemshore (2001) - application to rectify charge register as charge a sham.
  • Tanfern Ltd V Cameron-MacDonald (2000) - leading Court of Appeal Decision on Appeals under the CPR and related Procedure.
  • Roberts v Bentley Jennison (2000) - Court of Appeal decision revoking permission to appeal granted when Court not informed of all facts.
  • Target Holding v Oxborough (2000) - Court of Appeal decision about strike out for want of prosecution.
  • Ebert v Birch (1999) - Court of Appeal decision about vexatious litigants.

• Employment

  Paul advises on all aspects of non-contentious and contentious employment matters, representing clients in the Employment Tribunal and related High Court Litigation. This includes advising clients in advance of potential issues arising; preparing clients faced with the challenges of starting a business or advising with regard to the demise of a business and the challenges created by TUPE and the Acquired Rights Directive. In the past he has also advised on large scale collective redundancy plans, high level discrimination claims as well as the enforcement of restrictive covenants and garden leave clauses.

  Employment disputes include:

  • Many TUPE issues arising out of the relation between English subsidiaries of American/other Parent Companies and the problems of explaining TUPE to non-European employers.
  • ET Jurisdiction re employee working on a ship, yet never worked in the UK.
  • Determining the apportionment of liability under TUPE in respect of a fluctuating work force.
  • Claims of senior director to retirement package and shareholding where disputes as to correct version of agreement.
  • Claims arising in multi jurisdictions due to 5 agreements about or related to the employment of CEO with different applicable law.
  • Claims relating to “forced” relocation to Germany and use of without prejudice communications.
  • Claims of discrimination and bullying.
  • Claim arising from demise of Lehman Brothers in administration.

  Recent employment cases

  • (2025) A dispute about whether acts amounted to gross misconduct and the consequences;
  • (2024) A dispute concerning enforceability of covenants;
  • (2024) A dispute about sums due under a contract and notice provisions.