Ms Emma West

Emma West

Lawyer biography

Emma has expertise in commercial and financial disputes involving litigation and mediation. She acts on a range of disputes for both corporate clients and high-net worth individuals across a number of sectors.


Updates

Litigation

Is a 'good arguable case' good enough? Court of Appeal considers test for establishing jurisdiction
United Kingdom | 19 February 2019

A recent Court of Appeal decision has confirmed that the test for deciding whether a claimant has a good arguable case is relative. Where a court lacks the evidence to decide which party has the better argument, a more flexible approach should be adopted. In circumstances where the evidence is thin, it is not all relative and claimants are required only to demonstrate a plausible evidential basis that the gateway exists.

Negligent misstatement and undisclosed principals – a gamble not worth taking
United Kingdom | 11 September 2018

The Supreme Court recently ruled that a bank providing a reference relating to its customer owed a tortious duty of care only to the addressee. The decision reflects the wider judicial trend of restricting the circumstances in which duties of care for negligent misstatement are found to exist on the basis of an assumption of responsibility by the party making the statement.

Supreme Court curtails negotiating damages
United Kingdom | 29 May 2018

A recent Supreme Court decision is now the leading case on negotiating damages. It has emphasised the compensatory basis of contractual damages and restricted negotiating damages to cases where the obligation breached by the defendant protected an asset with economic value. While the decision offers welcome clarity, it leaves some important questions unanswered.

Guidance on proving significant and complex fraud
United Kingdom | 23 January 2018

A recent Commercial Court decision concerned a claim against three former directors of the claimant companies in respect of fraudulent schemes involving construction projects and land acquisitions in Kazakhstan. The decision provides guidance on what is required to prove a complex fraud and when foreign limitation periods will be disapplied because they cause the claimant undue hardship.