Emma Franklin

Emma Franklin

Call: 2021

Practice Profile

Emma is developing a busy practice across the breadth of commercial law, including insurance, shipping, general commercial disputes, international arbitration, shipbuilding and civil fraud. She accepts instructions as sole counsel and as junior counsel in all of 7KBW’s specialist areas and regularly acts as sole counsel in LMAA disputes.

Her current and recent instructions include being led in a marine insurance dispute following the Russian invasion of Ukraine; being led in an arbitration involving the disputed sale of a floating storage regasification unit; and acting as sole counsel in a pair of COVID-19 related business interruption insurance cases.

Emma has recently spent nine months seconded to the insurance litigation department of a Magic Circle law firm.

  • Advised insurers with James Brocklebank KC regarding coverage under an investment management insurance policy following a dispute involving an alternative investment fund manager.
  • Advised with Alexander MacDonald on the merits of a broker’s negligence claim.
  • Advised with Peter MacDonald Eggers KC and Sandra Healy for insurers in a multi-jurisdictional dispute relating to war risks coverage of cargo, following the Russian invasion of Ukraine.
  • Instructed with Peter MacDonald Eggers KC in a reinsurance arbitration.
  • Advised insurers as sole counsel on the coverage position under a policy of employer’s liability insurance following an employee’s workplace injury.
  • Advised as sole counsel on the insurance position in a dispute involving the development and sale of a property which was found to contain contaminated timber.
  • Instructed with Stephen Hofmeyr KC in a multi-million pound dispute concerning a marine hull war risks policy of insurance.
  • Advised with Richard Waller KC on a political risk policy regarding the banking crisis in Lebanon.
  • Acted as sole counsel in an LMAA arbitration concerning the constructive total loss of a yacht.
  • Advised as sole counsel in a dispute regarding the proper interpretation of a legal expenses insurance policy.
  • Assisted with the COVID-19 business interruption insurance claim before Butcher J Stonegate v MS Amlin & Others [2002] EWHC 2548 (as a pupil).
  • Assisted with the mortgagee’s interest insurance claim in Piraeus Bank v Antares & Others [2022] EWHC 1169 (Comm) before Calver J (as a pupil).
  • Instructed in an LMAA arbitration concerning sums due under a co-operation agreement in the shipping context.
  • Advised disponent owners as sole counsel on liability for damaged cargo under various charterparty agreements.
  • Advised with Stephen Hofmeyr KC on the proper interpretation of a charterparty following the late delivery of a vessel.
  • Advised as sole counsel on the merits of a demurrage claim.
  • Instructed in an LMAA arbitration concerning the alleged breach of a charterparty for a yacht that was redelivered in a damaged state.
  • Prepared pleadings in an international charterparty dispute regarding an alleged mis-delivery of cargo.
  • Acting in a multi-million euro arbitration involving the alleged breach of a yacht construction agreement.
  • Assisted with a Bermuda Form arbitration involving defective construction materials (as a pupil).
  • Assisted in advising on an application for the removal of an arbitrator pursuant to section 24 of the Arbitration Act 1996 (as a pupil).
  • Instructed in a dispute involving an unlawful means conspiracy.
  • Instructed in an application for pre-action disclosure proceedings for an applicant who was conned into paying a fraudster who held an account with the respondent bank.
  • Conducted research into the law on expert determinations and injunctive relief in a dispute concerning the proper interpretation of a decommissioning security agreement.
  • Conducted research in preparation for the trial of ABN Amro Bank N.V v Royal Sun Alliance Insurance plc & Others [2021] EWCA Civ 1789 in the Court of Appeal (as a pupil).

“Innovation-led cultural change: can technology effectively address workplace harassment?” (2020) Discussion Paper for the Legal Policy & Research Unit, International Bar Association

  • Education

    2017 – 2019  BA Jurisprudence (Hons) with Senior Status, University of Oxford (First Class)

    2015 – 2016 LLB (Hons), University of Cape Town (Cum Laude)

    2012 – 2014 BA (English Literature and Law), University of Cape Town

    Scholarships and awards

    • University of Law: Advocacy Scholarship (2021)
    • University of Law: class prize for International Commercial Practice (2021)
    • University of Oxford, Norton Rose Fulbright Prize in Constitutional Law: for the best paper in the subject (2019)
    • University College, University of Oxford: Finalist’s Scholarship Award (2019)
    • University College, University of Oxford: Exhibition Award (2018)
    • University of Cape Town Law Faculty Scholarship: for exceptional academic attainment in previous undergraduate degree (2016)
    • University of Cape Town Dean’s Merit List: award given in recognition of consistent academic excellence (2012 – 2016)
    • University of Cape Town Humanities Entrance Scholarship (2012)
    • University of Cape Town Humanities Faculty Scholarship (2012)
    • University of Cape Town New Millennium in Historical Perspective Class Medal (2012)