Emma Franklin

Emma Franklin

Call: 2021

Practice Profile


Emma joined 7KBW on successful completion of her pupillage in September 2022.

Emma is developing a busy practice across the breadth of commercial law, including insurance, general commercial disputes, international arbitration, shipping, shipbuilding and civil fraud. Her current and recent instructions include being led in a multi-million euro arbitration involving the breach of a yacht construction agreement, being led in a civil fraud dispute concerning an unlawful means conspiracy and acting as sole counsel in an LMAA arbitration involving a dispute under a joint venture agreement in the shipping context. Emma accepts instructions as sole counsel and as junior counsel in all of 7KBW’s specialist areas.

Emma spent 9 months seconded to the insurance litigation department of a Magic Circle law firm.

Before commencing pupillage, Emma worked as a legal researcher at the “Zondo” Commission of Inquiry into State Capture in South Africa. During the year in which she was a member of the legal team, she was seconded to the Chief Evidence Leader and co-authored the chapter on public procurement reform.

  • 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)

    Languages

    French

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