Photo of Emily Gillett

Emily Gillett

Call: 2005

Called in 2005, and recognised as one of 10 “Stars at the Bar” by Legal Week in 2010, after just four years in practice, Emily has a broad commercial chancery practice, with experience in complex onshore and offshore litigation and arbitration.

Emily’s practice includes insolvency and company work and she has developed particular expertise in multi-jurisdictional commercial fraud cases (often with foreign law elements).  She has considerable experience in applications for interim relief and committal for contempt of court.

Between 2010 and 2014, Emily acted as one of the principal juniors for JSC BTA Bank in its multi-billion dollar litigation against Mukhtar Ablyazov and others.  As a result of her involvement in the BTA litigation, her name appears in at least 10 reported decisions (3 from the Court of Appeal).

Since mid-2014, Emily has been acting as junior counsel for the Algosaibi family in its Cayman Islands litigation seeking the recovery of billions of dollars allegedly misappropriated between 2000 and 2009 by Maan Al Sanea.

Emily is robust and experienced in fraud work beyond her year of call.

Chambers and Partners

Civil Fraud & Asset Recovery

  • Freezing injunctions
  • Search and seizure orders
  • Disclosure orders (Norwich Pharmacal, Bankers Trust, and s.37 Senior Courts Act 1981)
  • Applications for cross-examination under s. 37 Senior Courts Act 1981
  • Receivership applications under s.37 Senior Courts Act 1981
  • Contempt applications

Significant cases include:

AHAB v SICL
Emily, led by David Quest QC of 3 Verulam Buildings, is junior counsel for the claimant in a US$ 9.2 billion Saudi Arabian/Bahraini fraud/tracing/asset recovery claim pursued against companies incorporated in the Cayman Islands (and now in liquidation). The Cayman proceedings commenced in 2009 and the case is due to be tried in 2016. It involves a complex tracing exercise spanning approximately 9 years.

Freezing injunctions:

JSC BTA Bank v Solodchenko [2011] 1 WLR 888 – Court of Appeal decision.

Applications for cross-examination under s.37 Senior Courts Act 1981:

JSC BTA Bank v Ereshchenko [2011] EWHC 848 (Ch)

JSC BTA Bank v Shalabayev [2012] EWHC 235 (Comm)

Contempt applications:

JSC BTA Bank v Solodchenko (No. 2) [2011] 1 WLR 906

JSC BTA Bank v Kythreotis [2012] 1 WLR 350 – Court of Appeal decision.

JSC BTA Bank v Shalabayev [2011] EWHC 1613 (Ch)

JSC BTA Bank v Shalabayev [2011] EWHC 2908 (Ch)

JSC BTA Bank v Ereshchenko [2011] EWHC 1891 (Ch)

 

 

Commercial Litigation & Arbitration

  • Joint venture disputes
  • Contractual disputes (including fee claims relating to investment bank advisory work)
  • Jurisdiction disputes

Significant cases include:

BAT Industries Plc v Winward Prospects
Multi-jurisdictional claim relating to the cost of cleaning up the pollution of two US rivers, and in particular in relation to the recovery of allegedly unlawful dividends totalling in the region of US $800 million.

Joint venture dispute; LCIA arbitration
Concerning Ukranian and Cypriot companies with a value of approximately US $400 million.

JSC BTA Bank v Ablyazov:

BTA Bank v. Ablyazov [2013] EWHC 510
After a 44 day trial of 3 actions (raising issues of Kazakh and Russian law), the Bank was awarded damages in excess of US$1.5bn, plus interest and indemnity costs, together with a port on the White Sea in Russia.

BTA Bank v. Ablyazov (CA) [2013] 1 WLR 1854
A judge had not erred in refusing to recuse himself as the trial judge following his finding of contempt against a defendant, as there was no real possibility of bias and the right to make an application had been waived.

Company & Insolvency

  • Breaches of directors’ duties claims
  • Shareholder disputes
  • Administration applications
  • Bankruptcy and winding up petitions
  • Restraint of winding up petitions
  • Transactions at an undervalue
  • Private examinations under s.236 and s.366 Insolvency Act 1986
  • Proof of debt disputes
  • IVAs and CVAs
  • Challenges to office-holders’ fees

Significant cases include:

Joint venture dispute; LCIA arbitration
Concerning Ukranian and Cypriot companies with a value of approximately US $400 million.

BAT Industries Plc v Winward Prospects
Multi-jurisdictional claim relating to the cost of cleaning up the pollution of two US rivers, and in particular in relation to the recovery of allegedly unlawful dividends totalling in the region of US $800 million.

 

International & Offshore

Almost all of Emily’s work involves multiple jurisdictions. Drawing on her study of French law, she has gained experience of grappling with issues which are governed by something other than English law.  Her recent cases have presented issues under Kazakh law, Russian law, Ukranian law, Cypriot law, the law of Saudi Arabia and the law of the Cayman Islands.

As a result of Emily’s instructions in the Algosaibi v SICL dispute, she has appeared in the Financial Services Division of the Grand Court of the Cayman Islands.

Recognition

Chambers UK Bar 2016 (Civil Fraud)

“A lateral thinker who is incredibly hard-working and has good ideas.” “She works very hard and produces good written work.”

Chambers UK Bar 2016 (Commercial Chancery)

“She is very prepared, very thorough and she has a very nice court manner.”

Who’s Who Legal UK Bar 2015 (Civil Fraud)

One of the three “Leading Juniors”.

Gillett is “simply unflappable ” and her “drafting is of the highest quality”.

Chambers UK Bar 2015 (Commercial Chancery)

“A very good, incredibly hard-working, personable, feisty advocate.”

Chambers UK Bar 2015 (Civil Fraud)

“She quickly grasps necessary points which is impressive and important. She can get the other side to panic and make a mistake and then rely on it later.”

“Very bright, and when silks try and intimidate her she doesn’t break her stride.”

Who’s Who Legal 2015 (Business Crime Defence)

Chambers UK Bar 2014 (Commercial Chancery)

“She is impressive on her feet and very good at dealing with important points.”

Chambers UK Bar 2014 (Civil Fraud)

“Emily is robust and experienced in fraud work beyond her year of call.”

“Very good, very user-friendly and very diligent.”

Chambers UK Bar 2013 (Commercial Chancery)

“She just gets on with things and produces high-quality product consistently”

Chambers UK Bar 2013 (Civil Fraud)

“A capable and experienced junior, who is equally adept at both drafting and advocacy. Her skills are deployed on sophisticated and high-profile matters.”

Chambers UK Bar 2012 (Commercial Chancery)

“Although still rather junior, Emily Gillett has already impressed many of the heavy-hitters in the chancery division, having appeared in the BTA Bank litigation. Sources heap praise on her advocacy and her drafting skills.”

Legal Week 2010 – ‘Stars at the Bar’

Memberships & Publications

Chancery Bar Association

COMBAR

Ranked in

Chambers & Partners –
Commercial Chancery, Civil Fraud

Who's Who Legal –
Civil Fraud

Legal Week –
Stars at the Bar 2010

Chambers Global –
Commercial Chancery, Dispute Resolution

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