“We have really enjoyed working with Emma, and she was a great asset to have there at the mediation. We thought she was well prepared and professional, and also very commercial, which we know isn’t always the case with barristers, and came up with some good points and suggestions.” – Valeo Confectionery Limited
Emma is regularly instructed by individuals and international companies and financial institutions in matters of banking and finance, contract, civil fraud, insolvency, property, and professional negligence.
Emma acts as an advocate and advisor as sole counsel and as part of a larger team.
Emma has substantial litigation experience owing to her previous position as a Legal Analyst at Kobre & Kim LLP where she worked on complex, high-value and multi-jurisdictional matters across a variety of practice areas, including commercial litigation, civil fraud, international judgment enforcement, and white collar crime. Such matters involved multi-week trials in disputes involving companies and banks in the Chancery and then-Queen’s Bench Divisions.
Commercial
Featured cases
- Sole counsel representing a major national confectionary company in a £2M dispute regarding agency transfer fees.
- Junior counsel (to Jonathan Miller) representing a HNW claimant in a civil fraud matter in the Chancery Division arising from loan agreements and property sales.
- Sole counsel in a trial arising from alleged breaches of a consultancy agreement.
- Sole counsel for a major energy company in multiple successful applications for summary judgment in breach of contract claims.
- Sole counsel in a Queen’s Bench Division matter regarding an interim costs issue.
- Advised former music group members on recovering commissions from their former manager.
- Successfully opposed an application to set aside a judgment for a debt.
- Sole counsel acting in a trial regarding a travel agency fees dispute.
- Sole counsel acting for airlines in passenger claims for compensation.
- Assisted Duncan Macpherson as a Pupil in drafting an Opinion on the enforceability of a conditional fee agreement.
- Triple Point Technology v PTT Public Co [2018] EWHC 45 (TCC): Assisted as a Legal Analyst in a three-week trial in the Commercial Court regarding a complex software license contract dispute.
- Assisted as a Legal Analyst in strategising for the litigation of several cases involving commercial agreements and allegations of fraud spanning multiple jurisdictions brought by and against a Romanian multimillionaire.
Banking & financial services
Featured cases
- Sole counsel in an ongoing matter representing a HNW defendant in a civil claim regarding bridging finance and an allegation of an unfair relationship.
- Sole counsel for defendant financial institutions in respect of interim applications and final hearings arising from the alleged non-disclosure of commission levels in respect of personal protection insurance.
- Marme Inversiones v Natwest & Ors [2019] EWHC 366 (Comm): Assisted as a Legal Analyst in a six-week trial in the Commercial Court regarding claims for misrepresentation and deceit in relation to a swap transaction, alleging approximately £1 billion in damages.
- Conducted as a Legal Analyst a forensic analysis of accounts held with a major Israeli Bank as part of a US DoJ-led tax evasion investigation.
Civil fraud & asset recovery
Featured cases
- Sole counsel representing a HNW in an ongoing civil fraud matter involving allegations of fraudulent misrepresentation in respect of a loan agreement.
- Junior counsel (to Jonathan Miller) in a civil fraud matter in the Chancery Division arising from loan agreements and property sales.
- GEHC v Gray [2019] EWHC 1260 (Ch): Assisted as a Legal Analyst in a six-day valuation hearing in the Chancery Division relating to assets found to have been held on constructive trust by a default fiduciary following a liability hearing and an enquiry into the fiduciary’s account.
- Assisted as a Legal Analyst in the strategising for the monetisation of a US$6B arbitral award against the Russian Federation.
- Assisted as a Legal Analyst in the recognition and monetisation of a US$12M arbitral award against a holder of US- and offshore-based assets.
- Assisted as a Legal Analyst in the representation of an UHNW individual defending civil fraud claims related to the oil and gas industry.
Professional negligence
Featured cases
- Sole counsel for the defendant in a claim against a barrister.
- Sole counsel for the claimants in a claim against a solicitor firm regarding the loss of their deposits paid towards off-plan property.
- Junior counsel in proceedings regarding a £2M claim against an insurance broker.
Insolvency & restructuring
Featured cases
- Act as sole counsel in the hearing of bankruptcy and winding-up petitions.
- Sole counsel in proceedings acting on behalf of bankrupts regarding the enforceability of a charge against property.
- Assisted as a Legal Analyst in opposing an application to remove a receiver.
Trusts, probate, & estates
Featured cases
- Sole counsel in a dispute regarding possession of a property and challenges to a will.
- Successfully brought an application for relief under TOLATA 1996 following the executors’ non-compliance with the terms of a will.
- Prepared a witness statement in support of a third party to proceedings regarding a property ownership dispute.
Education
- Queen Mary, University of London: LLB (Hons) English and European Law
- Université Panthéon-Assas: Certificat Supérieur de Droit Français et Européen
- University of Law (Bloomsbury): Bar Professional Training Course
Memberships
- Honourable Society of Lincoln’s Inn
- Chancery Bar Association
- RAIIDAR
Languages
- French (high proficiency)
- English (native)
Awards & certifications
- Queen Mary, University of London: John Yelland Commercial Prize
- Lincoln’s Inn: Lord Denning Scholarship
This is the Privacy Policy for:
Barrister: Emma Kiver
Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR
The Purposes for which Personal Data is Processed:
Personal data will be processed in order to enable the provision of legal services, ie:
- advice;
- representation in court;
- the drafting of legal documents.
It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.
The Lawful Basis for Processing Personal Data
In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:
- it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
- it is necessary for the purposes of providing legal services.
Special Categories of Personal Data
It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.
Who will receive Personal Data
The recipients of the personal data processed will be:
- instructing solicitors and clients;
- courts and other tribunals to which documents are presented;
- witnesses and potential witnesses, including expert witnesses;
- other barristers, pupil barristers and other legal representatives;
- regulatory authorities.
Retention Periods for Personal Data
Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.
The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.
International Data Transfers
In cases involving international disputes, it may be necessary to transfer personal data to countries outside the European Economic Area which have different data protection standards to those which apply in the European Economic Area. This will only be done for the purposes set out in this Privacy Policy. In the event this is necessary, appropriate safeguards will be in place to protect personal data, such as European Commission approved standard contractual clauses or the EU-US Privacy Shield. You have a right to ask for a copy of the relevant safeguard.
Individual’s Rights
If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.
If you wish to exercise these rights, please use the contact details above.
If you have unresolved concerns you also have the right to complain to data protection authorities.