Emily Gailey

Emily has experience of commercial disputes across a wide range of business sectors, and has acted (both led and unled) in numerous high-profile and high-value matters.

Recent highlights:

• Instructed (led by David Mumford KC and James Kinman) in the trial of Asturion v Alibrahim [2023] EWHC 3305 (CH), one of the The Lawyer’s Top 20 Cases of 2023. This dispute concerned the transfer of a valuable property from a Liechtenstein foundation and gave rise to several important and difficult issues of English law including the proper characterisation of foreign powers of representation.

• Currently instructed (led by Gregory Banner KC) in an international dispute concerning the transfer of valuable intellectual property rights arising from the sale and purchase of a successful consultancy group.

• Currently instructed (led by James Aldridge KC) in a dispute relating to a valuable property development in the north of England. The case involves issues of contractual interpretation and limitation in relation to an alleged ancillary agreement.  

• Assisted (led by Andrew Twigger KC and Jonathan Allcock) in the trial of Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020) one of the Lawyer’s Top 20 cases of 2020. The case concerned the sale by the Claimant bank of defaulted loans and associated security.

Much of Emily’s practice concerns issues of civil fraud and asset recovery, and she has considerable expertise in disputes concerning the creation and enforcement of trusts, having specialised in contentious trusts and estates matters when practising as a solicitor.

Recent highlights:

• Currently instructed (led by Ben Valentin KC of Fountain Court and Jonathan Allcock) in JSC BTA Bank v Monstrey & others (2022 - ), representing the Defendants in a substantial fraud and conspiracy claim in the Commercial Court arising from the JSC BTA Bank v Ablyazov litigation.

• Currently instructed (led by Thomas Munby KC) in Kireeva v Zolotova (2022 - ), representing the Defendant in a dispute concerning the ownership of a valuable foreign property, involving serious allegations of misappropriation and dishonesty, and the scope of s.423 of the Insolvency Act 1986.

• Advised (led by Dean Armstrong KC) in a wide-ranging and high-value fraud claim brought by a prominent Georgian national against a well-known Georgian oligarch (2023).

Many of Emily’s cases involve claims arising out of company disputes, particularly unfair prejudice petitions and associated shareholder disputes, and partnership disputes of various kinds.

Recent highlights:

• Currently instructed (led by Matthew Parker KC of 3VB) in a partnership dispute relating to a valuable property development site. The Claimant has made allegations of undue influence and the misappropriation of partnership assets. A without notice freezing injunction was obtained in 2023.

• Currently instructed (unled) in dispute relating to a valuable farming partnership. This involves very serious allegations of fraud, misappropriation of assets, undue influence and breach of fiduciary duty.

• Instructed (led by Andrew Ayres KC of Twenty Essex, and Fraser Campbell of Blackstone) in the case of Krishna Holdco Limited v Gowrie Holdings Limited & others (ChD) (2020): a shareholder and joint venture £150m dispute relating to the importation and distribution of pharmaceuticals (unfair prejudice petition and Part 7 proceedings).

• She appeared (led by Christopher Parker KC) in the Court of Appeal for the successful appellant in the case of Griffith v Gourgey and others (2019), concerning two unfair prejudice petitions.

Emily regularly acts in professional negligence disputes and appeared (led by Rebecca Page) in Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd [2022] EWHC 2275(Ch) a 5-day High Court summary judgment / strike out application successfully striking out a multi-million-pound claim for professional negligence against a firm of solicitors.

Emily has appeared in numerous bankruptcy and insolvency matters including (as sole counsel) the widely reported case of Re Triumph Furniture Ltd (2019), concerning the appointment of administrators out of hours.