Lucy Emanuel (Capital Law)

Lucy Emanuel

Partner
Commercial Disputes

Lucy’s main area of expertise is in professional negligence/ professional indemnity and regulatory compliance.

Her experience includes claims involving solicitors, auditors and accountants, valuers, construction professionals and independent financial advisors for breach of contract, negligence and breach of regulatory obligations.

She also has experience of working for and against regulators, including judicial reviews, appeals to decisions, interpretation of policy wording and compliance advice.

She regularly advises regulated professionals and businesses on tricky areas of data protection. In particular tech start-ups who often push the boundaries of regulation.

Lucy regularly advises on and provides training to regulated professionals and businesses on compliance and best practice. In particular, data protection and FCA/PRA compliance.

I should also mention that the judge paid tribute to the well prepared case on both sides. Although it was a team effort, I do think significant praise should be afforded to Lucy Emanuel; who has performed excellently on a very complicated matter”

Gareth Williams, Senior Policy Executive BMA

  • Managing to a successful resolution a £19.5million claim by the liquidators of a company for wrongful trading  and misfeasance arising out of a ‘Ponzi’ scheme run by the directors that defrauded 100s of creditors (many lost their pensions). As part of this action we obtained a freezing injunction against the directors.
  • Negotiating litigation funding, ATE insurance and managing a £14million claim by a company in liquidation against its auditors, for negligence and breach of contract arising out of their failure to detect a ‘Ponzi’ scheme being run through the company.
  • A £multi-million, multi-jurisdictional subrogated recovery action on behalf of a Lloyds Insurance Syndicate against pyrotechnic engineers and health and safety professionals.
  • Negotiating and obtaining litigation funding and ATE Insurance and running to a successful outcome a £5.8million claim against a trustee for breach of trust. The claim arose out of investments of SIPP funds in an offshore  fractional ownership in a hotel.
  • Arranging litigation funding, ATE Insurance and fortification insurance (for a cross undertaking in damages) and pursuing a £17.5million claim for a breach of FSMA (promoting, establishing  and operating a collective investment scheme in breach of FSMA), fraudulent misrepresentation and unlawful means conspiracy. This claim is live and we have secured a freezing injunction to the value of the claim.
  • Successful outcome at the Court of Appeal in a claim supported by the British Medical Association for interpretation of the national employment contract for junior doctors. The successful outcome of this appeal had national significance for junior doctors in the NHS and enabled them to reclaim unpaid salary the tune of £multi-millions and ensured that the NHS trusts adhered to contractual terms put in place to safe guard patient and doctor safety.
  • Arranging litigation funding, an indemnity for adverse costs and pursuing to a successful conclusion a £82million claim in professional negligence against an accountant and auditor who failed to detect a ‘ponzi’ scheme being run through the company’s accounts.
  • Arranging litigation funding, ATE insurance, an anti-avoidance endorsement and manging a £24million claim against a US telecoms aggregator for breach of an agency agreement. This claim is live.
  • Advising on the structure of and preparing documentation (including claims management agreement, plain English document and fee agreement) for a US Firm’s £multi-million group action in the UK.
  • Advised numerous Insurtech start-ups and MGAs on their regulatory requirements including data protection, FCA Handbook, Solvency 2, Insurance Distribution Directive etc.
  • A Judicial Review against HMRC arising out of its decision that the structure of our clients’ finances constituted a tax avoidance scheme.
  • Successfully defended a Pension Trustee in a claim for alleged breach of its regulatory obligations under the FCA Handbook. The claim was successfully struck out at a early hearing.
  • Successfully defended a claim for payment of a £multi-million loan made in breach of the general prohibition in FSMA.
  • Professional negligence
  • Banking and finance claims
  • Mis-selling of investment products
  • Regulatory investigations and compliance
  • FCA handbook and data protection
  • Directors’ duties and claims for misfeasance
  • Professional negligence claims against third party advisors

Career

  • Partner, Capital Law Limited (Nov 2021 – present)
  • Senior Associate, Capital Law Limited (May 2020 – Nov 2021)
  • Associate, Capital Law Limited (2019 – April 2020)
  • Solicitor, Capital Law Limited (2016 – 2019)
  • Solicitor, TLT (2015 – 2016)
  • Senior Paralegal, Eversheds (2010 – 2015)
  • Legal Assistant, TLT (2007 – 2010)

Education

  • University of West of England: LPC
  • University of South Wales: ILEX

Memberships / Trustee Positions

  • The Law Society of England and Wales