Practice Profile

Emma Hilliard has been recommended for Aviation in the legal directories for several years – she has been recommended for Aviation in Chambers & Partners UK Bar in 2013, 2014, 2015 and 2016, and in Legal 500 in 2014, 2015, 2016, 2017 and 2018. She has been described as “a junior impressing the aviation market”, “a rising star”, “An excellent junior for aviation matters”, “very bright and has a strong reputation” and “particularly active in complex aviation insurance cases” – see further the “In the Directories” section below for quotations. She is currently ranked as a Leading Junior in band 3 for Aviation in Legal 500 2018 and in band 3 for Aviation in Chambers & Partners 2016.

Selected cases:

• Acted as junior counsel (led by Gavin Kealey Q.C., Stephen Kenny Q.C. and John Bignall) for 18 major aviation insurers in a $150 million aviation insurance dispute in the Commercial Court (PK AirFinance US Inc v Chartis & Ors; and Blue Sky One Limited & Ors v Chartis & Ors). It was claimed by the alleged owners and mortgagees of three Boeing 747 aircraft that the aircraft were lost when misappropriated by an Iranian airline.
• Instructed in a confidential arbitration.
• Appeared as sole counsel representing FedEx in a trial on quantum concerning carriage of goods by air.
• Appeared as sole counsel representing Air Canada in a dispute concerning refusal to allow a passenger to fly.

Selected cases:

• Emma was instructed as junior counsel (led by David Bailey Q.C.) acting for insurers in relation to a multi-million pound Commercial Court claim brought by a bank providing invoice discounting and factoring services.
• Appeared as sole counsel representing Barclays Bank Plc in a County Court trial concerning the termination of a customer’s banking relationship.
• Appeared as sole counsel representing Barclays Bank Plc in a County Court trial concerning its procedures for identifying customers.

Emma Hilliard has been instructed in a range of commercial disputes including a range of different types of contractual disputes covering areas including sale of goods, banking, aviation, energy, insurance and reinsurance, shipping and commodities. Prior to commencing practice, Emma was previously a Supervisor in Contract Law at Gonville and Caius College, Cambridge University (2005-2006).

Selected cases:

• Navig8 Inc v South Vigour Shipping Inc & Ors [2015] 1 Lloyd’s Rep 436 (Commercial Court) –
• Emma recently appeared as junior counsel for the First to Fourth Defendants who successfully defended claims in a 5 day trial in the Commercial Court (led by Robert Bright Q.C.), the sums involved being approximately US$10.9 million.
• Acted as junior counsel (led by Gavin Kealey Q.C., Stephen Kenny Q.C. and John Bignall) for 18 major aviation insurers in a $150 million aviation insurance dispute in the Commercial Court (PK AirFinance US Inc v Chartis & Ors; and Blue Sky One Limited & Ors v Chartis & Ors). It was claimed by the alleged owners and mortgagees of three Boeing 747 aircraft that the aircraft were lost when misappropriated by an Iranian airline.
• Acted as junior counsel for insurers in relation to a multi-million pound Commercial Court claim brought by a bank providing invoice discounting and factoring services (led by David Bailey Q.C.);
• Emma was instructed as part of a team of counsel in relation to a substantial shareholders dispute;
• Appeared in the Court of Appeal as junior counsel for the successful appellants (led by David Bailey Q.C.) in an appeal from the decision to grant an anti-suit injunction: – Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2011] 1 Lloyd’s Rep 399 (Court of Appeal).
• Appeared (as sole counsel) in two County Court trials heard together. The two claims were brought by self-employed owner-drivers each alleging breach of contract for services.

Selected cases:

• Emma has been instructed as junior counsel in several confidential arbitrations concerning commodities.

Emma Hilliard has experience of a wide range of insurance and reinsurance disputes. Emma has been described as follows in the Aviation section of the Chambers and Partners UK Bar Guide 2016: “An aviation insurance and reinsurance specialist with a growing practice in the area. She is very bright and has a strong reputation.”  Prior to commencing practice at the Bar, Emma previously studied Commercial Insurance Law as a postgraduate at Cambridge University as part of her Commercial LLM (First Class, 2004-2005).

Selected cases:

• Emma has been instructed in a number of confidential insurance and reinsurance arbitrations.
• Acted as junior counsel for the defendants in a claim brought in the Commercial Court against insurance brokers (led by Richard Southern Q.C.). Appeared as sole counsel at a CMC.
• Acted as junior counsel (led by Gavin Kealey Q.C., Stephen Kenny Q.C. and John Bignall) for 18 major aviation insurers in a $150 million aviation insurance dispute in the Commercial Court (PK AirFinance US Inc v Chartis & Ors; and Blue Sky One Limited & Ors v Chartis & Ors). It was claimed by the alleged owners and mortgagees of three Boeing 747 aircraft that the aircraft were lost when misappropriated by an Iranian airline.
• Acted as junior counsel for insurers in relation to a multi-million pound Commercial Court claim brought by providers of invoice discounting and factoring services (led by David Bailey Q.C.).
• Acted for a number of insurers in a reinsurance dispute in the Commercial Court.
• Acted as junior counsel for a company in a dispute with insurance brokers.
• Acted as junior counsel (led by Julia Dias Q.C.) for a company in a claim relating to the provision of claims handling services.
• Instructed as junior counsel in a high value reinsurance dispute in the Commercial Court relating to pharmaceuticals (led by S.J.Phillips Q.C.).
• Acted for the insured, an exporter, in a Commercial Court action concerning an insurance policy with the Export Credit Guarantee Department.
• Acted as junior counsel (led by Robert Bright Q.C.) for insurers in 2 Commercial Court cases in relation to claims made for alleged loss of containers.
• Acted as sole counsel for the insured in a marine insurance dispute.

Emma Hilliard has substantial experience of acting as counsel in arbitrations and has appeared at the final hearings in a number of substantial confidential arbitrations as well as a number of interlocutory hearings. Emma has been instructed in arbitrations in a variety of sectors including a number of insurance and reinsurance arbitrations, shipping arbitrations conducted in accordance with the rules of London Maritime Arbitrators’ Association and LCIA arbitrations (see also the Insurance and Reinsurance, Aviation, Shipping and Commodities sections). Emma also has experience of various types of applications in the Commercial Court including applications under section 68 and section 69 of the Arbitration Act 1996.

Selected cases:

• Appeared in the Court of Appeal as junior counsel for the successful appellants (led by David Bailey Q.C.) in an appeal from the decision to grant an anti-suit injunction: – Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2011] 1 Lloyd’s Rep 399 (Court of Appeal).

Emma Hilliard has been instructed in a number of cases involving claims against professionals, including in particular insurance brokers.

Selected cases:

• Acted as junior counsel for the defendants in a claim brought in the Commercial Court against insurance brokers (led by Richard Southern Q.C.). Emma appeared as sole counsel for the defendants at a CMC.
• Acted as junior counsel for a company in a dispute with insurance brokers.

Emma Hilliard has experience advising, settling statements of case and appearing in Court and in arbitrations (including on LMAA terms) in shipping disputes. She has been instructed in a wide variety of charterparty disputes.

Selected cases:

• Recently appeared as junior counsel for the First to Fourth Defendants who successfully defended claims  in a 5 day trial in the Commercial Court (led by Robert Bright Q.C.), the sums involved being approximately US$10.9 million – Navig8 Inc v South Vigour Shipping Inc & Ors [2015] 1 Lloyd’s Rep 436 (Commercial Court).
• Appeared in the Court of Appeal as junior counsel for the successful appellants (led by David Bailey Q.C.) in an appeal from the decision to grant an anti-suit injunction – Oceanconnect UK Ltd & Anor. v Angara Maritime Ltd [2011] 1 Lloyd’s Rep 399 (Court of Appeal).
• Appeared as junior counsel (led by Dominic Kendrick Q.C.) at the final hearing in a confidential arbitration.
• Appeared as junior counsel (led by Timothy Salomon Q.C.) at the final hearing in a confidential arbitration.
• Appeared as junior counsel (led by Richard Southern Q.C.) at the final hearing in a confidential arbitration.
• Appeared as junior counsel (led by Richard Southern Q.C.) at the final hearing in a confidential arbitration.
• Appeared, as sole counsel, in a 1 day Commercial Court application to set aside judgment in a charterparty dispute worth several million US$.
• Instructed as junior counsel (led by S.J.Phillips Q.C.) in a large dispute concerning the payment of commission to ship brokers. Emma appeared as sole counsel at a CMC.
• Appeared in a two day County Court trial involving 3 parties and relating to damage to a vessel on a slipway.