Lucy Emanuel (Capital Law)

Lucy Emanuel

Senior Associate
Commercial Disputes

Lucy is a Senior Associate in our Commercial Disputes team. Her main area of expertise is in professional negligence/ professional indemnity and regulatory compliance.

Lucy’s 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

  • Advising 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 relating to its decision that the structure of our clients’ finances constituted a tax avoidance scheme.
  • Acting for the descendants of the donor to the National Fund, now worth £550million. We arranged an ‘all in one’ funding and adverse costs protection for our clients which, innovatively, also covers any appeal.
  • Advising on a £multi-million claim for breach of trust involving the payment of monies out of an escrow account for the investment in ‘off plan’ property in the Caribbean.
  • Advising on a claim against a pension trustee for breach of regulatory obligations under the FCA Handbook, including failure to act in its client’s best interests.
  • Defending a claim for payment of a £multi-million loan made in breach of the general prohibition (s19 Financial Services Markets Act).
  • Acting for the administrator of a company in an £82m claim in professional negligence against an accountant and auditor who failed to detect a ponzi scheme being run through the company’s accounts.
  • Advising the administrators of a company in a multi-million pound claim against the former auditors arising out of the pre-pack sale of the company.
  • Advising administrators of a company in a £20m claim against the company’s directors for misfeasance and its auditors for professional negligence. This included advice on a s236 application for disclosure of the auditor’s working papers and a delivery up application against the directors for recovery of documents/a hard drive.
  • Helped the British Medical Association secure c.£300m in Clinical Excellence Awards (CEA) for consultants in England from the Department of Health and NHS Employers. 
  • Pursued for the BMA a test case for a breach of junior doctors’ terms of employment successfully to the Court of Appeal and defeated the defendant’s application for permission to appeal to the Supreme Court. The result affects all junior doctors and has far reaching repercussions for the NHS.
  • Working with a US firm and former partners of a leading City firm on better ways of structuring their £multi-million class actions. This includes creating new funding arrangements, drafting client facing and funding terms, and providing litigation support on more competitive terms to increase their profit margins.
  • Acting for an insurer in a £multi-million claim, being brought in Spain, for negligence and breach of contract against multiple defendants for losses from an event cancellation due to a fire. We are working with Spanish lawyers from our international network.
  • Advising US firm and former partners of a leading City firm on better ways of structuring their £multi-million class actions. This includes creating new funding arrangements, drafting client facing and funding terms, and providing litigation support on more competitive terms to increase their profit margins.
  • Acting for an insurer in a £multi-million claim, being brought in Spain, for negligence and breach of contract against multiple defendants for losses from an event cancellation due to a fire.
  • Acting for a trade union in a judicial review challenge against the Chancellor relating to the Public Sector Exit Payment Regulations.
  • Arranged litigation funding for and are running a £25m claim against a large US based telecoms company which ceased paying contractual commission.
  • Pursuing a £5.6m fraudulent misrepresentation claim and unlawful means conspiracy claim against a BVI based company, Swiss company, and UK and Jersey based property developer. This is linked to another £80m claim we are running on behalf of Geneva based investors who have been defrauded.
  • 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

  • Senior Associate, Capital Law Limited (May 2020 – present)
  • 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