Year of call: 2013
E: esheppard@3vb.com

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Emmanuel is a commercial law practitioner practicing in international arbitration and litigation. He acts in public and public/commercial matters generally on behalf of the Government.

His commercial practice includes civil fraud, professional negligence, banking, restitution, injunctions and other interim remedies. Emmanuel’s current instructions include acting as a junior counsel in The Libyan Investment Authority v Societe Generale.

In 2015/16, Emmanuel was a Judicial Assistant to the Supreme Court (to Lords Toulson and Hughes) where he worked on high profile commercial and public law cases, as detailed below.  He has an active pro-bono practice, regularly working with Chambers’ partner Advocates for International Development (A4ID).


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Emmanuel’s commercial work in international arbitration and litigation covers banking, professional negligence, financial services, civil fraud, insurance, intellectual property, and jurisdiction/ conflict of laws including:

  • Acting in a matter before the Commercial Court concerning conspiracy to injure and other economic torts arising indirectly from the Lonrho v Fayed litigation.
  • Assisting senior members of chambers in international arbitrations covering a range of matters including a dispute surrounding the alleged misrepresentations made by a large international development bank.
  • Being instructed by Slaughter and May on the counsel team to the skeleton argument in a billion dollar commercial dispute involving allegations of defamation, conspiracy and fraud.
  • Being instructed by Herbert Smith Freehills LLP in a multibillion-dollar fraud claim concerning the complex transactions of a large national investment fund which were alleged to have been procured by corruption.
  • During pupillage assisting in an appeal to the Supreme Court in a PPI and consumer credit matter concerning undisclosed commission.
  • Generally assisting senior members of chambers in multijurisdictional commercial disputes relating to insurance, telecommunications, financial regulation and banking, including for example, advice on the impact of The Solvency 2 Regulation 2015 on certain ISPVs.
     

In his unled work, Emmanuel advises and drafts pleadings on a wide variety of commercial disputes arising out of retail banking, bank lending, fraud, and agency fees.  He regularly appears in county court applications for strike out and summary judgment.  His court experience includes acting for claimants in unfair dismissal cases before the employment tribunal under FRU.


As a Judicial Assistant to the Supreme Court, Emmanuel worked on the following commercial law cases:
Patel v Mirza [2016] 3 W.L.R. 399 which restated the test for the illegality defence.
Willers v Joyce [2016] 3 W.L.R. 477 on the liability for maliciously prosecuting a civil claim.
Versloot Deredfging v HDI Gerling Industrie Versicherung AG [2016] 3 W.L.R. 543 on the application of the fraudulent claim rule to a fraudulent device in an insurance claim.

Emmanuel’s publications include an article for the Butterworths Journal of International Banking and Finance Law entitled “Good faith in the aftermath of Yam Seng”.

Emmanuel acts in public law matters and is a member of the Government Legal Department’s (GLD) pool for junior barristers. This work includes:

  • Acting for the GLD on the Lord Harris Review of self-inflicted deaths in prison.
  • Visiting Richmond Hill Prison in Grenada as part of a pro bono project with Chambers’ partners Advocates for International Development (A4ID), the Global Alliance for Legal Aid (GALA) and the Grenada Human Rights Organisation (GHRO).
  • Acting under A4ID in other prison related matters.
  • Acting for the GLD in a procurement matter.
  • Assisting senior members of chambers in advising the GLD on the impact of a new financial services regulation on a specific aspect of the UK’s financial services industry.
     
     

As a Judicial Assistant to the Supreme Court, Emmanuel worked on the following public law cases:
Belhaj and another v Straw and others (appeal from [2014] EWCA Civ 1394, judgment pending) concerning the ambit of the foreign act of state doctrine and indirect impleader in state immunity.
Abd Ali Hameed Al-Waheed v Ministry of Defence (appeal from [2014] EWHC 2714 (QB), judgment pending) about the application of art. 5(1) of the ECHR to a power of detention in a non-international armed conflict.
Rahmatullah v Ministry of Defence and another (appeal from [2014] EWHC 3846 (QB), judgment pending) concerning the doctrine of Crown act of state.
Arorangi v Minister of the Cook Islands National Superannuation Fund (judgment pending) concerning the constitutionality of a Cook Islands pension scheme, in particular whether it discriminated against migrant workers.
United Policyholders Group and others v Attorney General of Trinidad and Tobago [2016] 1 W.L.R. 3383 concerning the alleged legitimate expectations arising out of a series of assurances made by the government of Trinidad and Tobago.

Oxford, BA (Hons), Classics, First Class
Cambridge, BA (Hons), Senior Status Law, accelerated course, (Top 10 First in Part I).
BPTC, College of Law
Regent's Park Prize, Oxford (for Classics, performance in Finals)
Wolfson Prize, Cambridge (for Law, performance in Part I)
Lord Denning Scholarship, Lincolns Inn
Finalist of the De Smith Mooting Competition