Emily Mitcheson is a senior associate in the commercial litigation team.
Emily advises on a broad range of disputes involving individuals, charities and businesses across a large number of business sectors, including digital marketing, retail, property development, sport, IT and other legal professionals.
Emily is particularly experienced in dealing with civil fraud disputes and complex contractual matters. Emily is recognised for her technical expertise and commercial approach to ensure that clients' legal and business objectives are achieved.
Emily joined Russell-Cooke as an associate in September 2014 from a large regional firm in Cambridge. Emily was appointed as a senior associate in July 2019.
Emily acts in a broad range of disputes, including contractual and quasi-contractual claims, misrepresentation claims, loss of profit claims, contested debt claims and other commercial disputes. Emily is also experienced in mediation/dispute resolution procedures.
Specific examples include:
- acted for a vehicle and fleet management company in a claim against a national facility company arising from the lease and management of a fleet of 1,014 vehicles and a counterclaim for c.£1.1m plus damages. A successful no-set off meant Summary Judgment for unpaid invoices was obtained in October 2019 (Venson Automotive Solutions Limited v Morrisons Facilities Services Limited & Ors  10 WLUK 147)
- acted for a digital marketing agency in relation to an urgent anti-suit injunction to enforce an exclusive English law and jurisdiction clause. Commercial Court proceedings were also issued for losses arising from breach of contract (c.£15m) and there was a counterclaim brought on the basis of allegations of sham and bribery (Motortrak Ltd v FCA Australia PTY Ltd  EWHC 990 (Comm))
- acted for a multi-international storage company in relation to UK litigious matters. Regular instructions concern issues arising from customer disputes; regulatory matters; risk management; and Court proceedings including urgent injunctions
- acted for a property investor in a claim arising from the purchase of a landmark £600 million property in central London. The former agents sought a £7.5m commission for the introduction of the property, with a counterclaim by the client for £48m arising from the agent's breach of contract and negligence
- acted in successfully defending a claim for a declaration that the defendant was a contracting party to a construction contract and responding to a claim for c.£1m based on a subcontractor entering a binding contract with a main contractor (Berkeley Square Investments Limited v Ian Block  EWHC 1253 (TCC))
- acted for a travel agency against a Premier League football club relating to the non-delivery up of match tickets. The position was resolved by way of commercial resolution
Financial services litigation
- acted for a property developer in Commercial Court proceedings against one of the major banks for consequential losses (c.£2.8m) flowing from the miss-selling of interest rate hedging products and the loss of the opportunity to further develop a site. The case settled at mediation
- acted for an IT company that places consultants in major banks in relation to legal issues arising from exclusive consultancy agreements. Defended claims for non-payment of invoices that were withheld due to breaches of non-competition clauses. The claims were settled in the course of negotiations
- Emily also has a growing practice in regulatory disputes and investigations
Member of the Junior London Solicitors Litigation Association (JLSLA) and London Solicitors Litigation Association (LSLA)
- LLB, University of Southampton
- Distinction for Legal Practice Course, The College of Law Guildford