People

Emma Mockford

Year of Call: 2016 (Solicitor: 2013)

Clerk: Ian Moyler ian.moyler@brickcourt.co.uk

Emma Mockford

Year of Call: 2016 (Solicitor: 2013)

Clerk: Ian Moyler   ian.moyler@brickcourt.co.uk

Overview

Emma joined Chambers as a tenant in July 2017 following successful completion of pupillage. She is now developing a broad practice spanning all areas of Chambers’ work including EU / competition law, commercial law and public law.

Before coming to the Bar, Emma qualified as a solicitor at Freshfields Bruckhaus Deringer LLP (2011-2013) and practised as an associate in the firm’s dispute resolution department in London (2013-2016), specialising in EU and competition litigation and public law. During her time at Freshfields, Emma acted for and advised major corporate clients from a range of industries, including the financial, energy and telecommunications sectors, on both contentious and regulatory matters. She developed a commercial and client-focussed approach and was commended for her ability to perform under pressure. Emma also acted pro bono for clients in various fora and spent time on secondment to the firm’s Brussels office.

During pupillage, Emma benefitted from exposure to each of Chambers’ core practice areas. Highlights of her experience during pupillage included assisting on the following cases:

  • R (UNISON) v Lord Chancellor (an access to justice based public law challenge to employment tribunal fees heard by the Supreme Court in March 2017).
  • Flynn Pharma Ltd & Ors v Competition and Markets Authority (an ongoing appeal in the Competition Appeal Tribunal against a CMA decision that Flynn Pharma engaged in allegedly excessive pricing in respect of an epilepsy drug sold to the NHS).
  • Walter Hugh Merricks CBE v MasterCard Inc & Ors (one of the first applications for a collective proceedings order to be brought in the CAT, following the introduction of the new opt out class action regime).
  • Bayerische Landesbank v Constantin Medien AG (a substantial Commercial Court dispute relating to the sale of the Formula 1 group of companies to CVC).
  • A confidential LCIA arbitration worth c. US$200 million relating to the enforceability of a prior settlement agreement and raising various issues of private international law.

Since becoming a tenant Emma has been instructed in a £100 million professional negligence claim against a leading City law firm (led by Tom Adam QC and Tony Singla).

Emma graduated from the University of Oxford in 2010, winning the All Souls Prize for the Best Performance in Public International Law Final Honour Schools. She also has a Master’s degree from King’s College London in EU competition law (obtained whilst working full time as a solicitor at Freshfields). 

practice areas

EU/Competition

Emma obtained extensive EU and competition law experience in her previous role as a solicitor at Freshfields Bruckhaus Deringer LLP. As a trainee solicitor, Emma spent time on secondment to the firm’s Brussels office, where she worked predominantly on competition law matters. When she qualified as an associate in 2013, Emma chose to specialise in EU and competition litigation. Between 2013 and 2016, she advised on numerous aspects of EU law (including EU sanctions law, tariffs and the CAP) as well as working on both regulatory and contentious competition law matters. Highlights included acting for Ericsson in the Unwired Planet Inc v Huawei & Ors proceedings (a ground-breaking FRAND and competition law dispute in the patent infringement context) and acting for one of the non-addressee airlines in the Air Cargo Pergan appeals (Emerald Supplies Ltd & Ors v British Airways plc & Ors [2015] EWCA Civ 1024).

Emma also worked on a wide range of EU and competition law cases during pupillage including:

  • Walter Hugh Merricks CBE v MasterCard Inc & Ors [2017] CAT 16: one of the first applications for a collective proceedings order in the CAT under the new opt-out class action regime (assisting Marie Demetriou QC and Victoria Wakefield as a pupil).
  • Flynn Pharma Ltd & Ors v Competition and Markets Authority: a CAT appeal against a decision of the CMA that Flynn Pharma abused a dominant position by engaging in allegedly excessive pricing of an epilepsy drug sold to the NHS (assisting Kelyn Bacon QC and Tom Pascoe as a pupil).
  • W Reeves v HMRC [2017] UKFTT 192: an appeal in the First Tier Tax Tribunal raising issues as to the compatibility of section 167 of the Taxation of Chargeable Gains Act 1992 with EU law and in particular the free movement of capital (assisting Sarah Abram as a pupil).
  • ATF Overseas Holdings Ltd v Jersey Competition Regulatory Authority: an upcoming appeal in the Royal Court of the Island of Jersey against an abuse of dominance infringement decision made by the JCRA (assisting Kelyn Bacon QC as a pupil). 
  • A confidential competition and sports law arbitration relating to the lawfulness as a matter of competition law of financial fair play rules in football (assisting Victoria Wakefield as a pupil).

Emma has a Master's degree in EU competition law from King’s College London, which she obtained whilst also working full time as a solicitor at Freshfields. 

Public Law

Emma’s public law experience during pupillage included working on the following cases:

  • R (UNISON) v Lord Chancellor [2017] UKSC 51: a challenge to the introduction of fees in the employment tribunal and employment appeal tribunal on access to justice grounds, heard by the Supreme Court in March 2017 (assisting David Barr QC and Victoria Wakefield as a pupil).
  • R (Minchinhampton Committee of Commoners & Ors) v DEFRA: a judicial review brought by a group of farmers in relation to DEFRA’s administration of CAP payments (assisting Victoria Wakefield as a pupil).
  • Teva BV v MHRA: judicial review of the refusal of the MHRA to validate Teva’s application for a marketing authorisation in respect of a drug indicated for the treatment of multiple sclerosis (assisting Kelyn Bacon QC and Emily MacKenzie as a pupil).
  • A successful technology appraisal appeal on behalf of Roche before the National Institute for Health and Care Excellence (‘NICE’) (assisting Victoria Wakefield as a pupil).
  • Advising a local authority in relation to a potential judicial review claim concerning the overnight detention of children in police custody (assisting Victoria Wakefield as a pupil).

During her time as a solicitor at Freshfields, Emma also worked on a commercial judicial review action in the oil and gas sector and undertook public law work on a pro bono basis. For example, Emma worked pro bono to launch a judicial review action seeking to challenge secondary domestic legislation in the education field on the grounds of incompatibility with EU law; advised a prominent charity on an application to intervene before the Court of Appeal in support of a challenge to governmental changes to legal aid; and appeared as a volunteer advocate on behalf of the Asylum Support Appeals Project in the Asylum Support Tribunal. 

Commercial

Emma is currently instructed in a c. £100 million professional negligence claim against a leading City law firm (led by Tom Adam QC and Tony Singla).

During pupillage Emma worked on a wide range of commercial law matters. Highlights include the following cases:

  • Arcadia Petroleum Limited & Ors v Bosworth and another (hearing April 2017): an appeal to the Supreme Court in respect of a Lugano Convention jurisdiction challenge in the context of a c. US$300 million fraud claim (assisting Laurence Rabinowitz QC and Fionn Pilbrow as a pupil).
  • A confidential arbitration worth c. US$200 million relating to the enforceability of a prior settlement agreement, including as a matter of private international law (assisting Tom Adam QC, Fionn Pilbrow and Max Schaefer as a pupil).
  • Bayerische Landesbank v Constantin Medien AG [2017] EWHC 131: a substantial Commercial Court dispute relating to the sale of the Formula 1 group of companies to CVC (assisting Helen Davies QC, Fionn Pilbrow and Edward Harrison as a pupil).
  • OMV Petrom v Glencore International [2017] EWCA Civ 195: an appeal to the Court of Appeal in relation to the interest that a court may award when a claimant beats its own Part 36 offer at trial (assisting Richard Southern QC and Fionn Pilbrow as a pupil).
  • Dukkar SA v Motor Oil (Hellas) Corinth Refineries: a commercial court claim for breach of a storage agreement said to have resulted from the co-mingling of different oil products (assisting Fionn Pibrow as a pupil). 
  • Gard Shipping AS v Clearlake Shipping Pte Ltd [2017] EWHC 1091: a commercial court claim for escalated demurrage alleged to be payable under a charterparty agreement (assisting Fionn Pilbrow as a pupil).

Emma also has substantial commercial law experience as a result of her experience as a solicitor at Freshfields. During her training contract at Freshfields, Emma spent time in both the firm’s commercial litigation and international arbitration teams (as well as assisting on corporate and financial transactional work). After she qualified, she worked on a high-value international commercial arbitration before the LCIA, concerned with the contractual obligations of parents to a joint venture.

Publications

Gold at the end of the rainbow? The quantification provisions of the new EU Damages Directive, Competition Law Insight, Volume 13, Issue 6 (10 June 2014) (with Lawrence, Hollway and Howe).

Natural Justice in the CAT – Lessons for the Competition and Markets Authority and Private Parties, [2015] 8 GCLR 25 (with Das).

Questions Left Unanswered by the Great Repeal Bill, ALBA summer conference paper, July 2017 (with Bacon) (available online at https://adminlaw.org.uk/publications/lecture-papers/).

Education & Qualifications

Professional experience:

2016: Called to the Bar of England and Wales

2013-2016: Associate Solicitor, Freshfields Bruckhaus Deringer LLP

2011-2013: Trainee Solicitor, Freshfields Bruckhaus Deringer LLP

Education:

2016: Bar Transfer Test, BPP Law School

2013-15: MA in EU Competition Law, King’s College London

2011: Legal Practitioners’ Course, BPP Law School

2007-2010: BA in Jurisprudence (Law), University of Oxford (Hertford College) (First Class, All Souls Prize for Best Performance in Public International Law, Final Honour Schools)

Scholarships and prizes:

Pupillage:

Bar European Group Phoenicia Scholar (2017)

Wolfson Scholarship, The Honourable Society of Lincoln’s Inn (2016)

University of Oxford:

All Souls Prize for the Best Performance in Public International Law, Final Honour Schools (2010)

Twice recipient of the Hertford College Book Prize for academic achievement (2010)

Mooting and advocacy:

Winner of the KCL Essex Court Chambers Mooting Competition (2015) (a four-stage commercial law competition, the final of which took place in the Supreme Court in March 2015 and was judged by Lord Judge).

Winner of the KCL Graveson Moot (2015) (a three-stage annual competition, covering contract, tort and public law. The final took place in the Royal Courts of Justice before a bench of three, including the Hon Sir David Foskett).


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