Emily Betts

Introduction & Contact details

Emily joined Hardwicke as a tenant after completing her pupillage in September 2011. She spent her pupillage working mostly with the commercial and property teams, and since getting on her feet, has developed a busy court practice covering a broad range of work. Her particular interests lie in commercial, employment and property litigation.

Prior to coming to the Bar, Emily worked for Herbert Smith LLP for a year as a paralegal in the Employment department and also has previous experience working in smaller law firms. Before converting to law, Emily’s first degree was in Economics and Geography and whilst at university she undertook an internship at Deloitte in audit and tax. All of this experience has given her a good understanding of commercial demands and pressures.

Emily gets on very well with clients; she prides herself on providing clear advice and a prompt turnaround of work.

Qualifications

• LLM Labour Law, Distinction and Prize for Legal Theory (LSE)
• BVC, Very Competent (BPP)
• Connor Scholarship, Middle Temple
• GDL, Commendation (City University)
• BSc (Hons) Economics and Geography, 2:1 (University College London)

Professional Associations

• Employment Law Bar Association
• London Common Law and Commercial Bar Association

T:  +44 (0)20 7242 2523 (switchboard)
F:  +44 (0)207 691 1234
E:  emily.betts@hardwicke.co.uk

Commercial

Banking, Finance & Credit

During pupillage, Emily has gained experience of general contract disputes as well as claims under the Consumer Credit Act 1974, the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. She also had the opportunity to work on several matters involving high court injunctive relief, including a doorstep search order and a preservation of goods order.

Employment

Emily has a particular interest in employment law. Through her work at Hardwicke and also for the Free Representation Unit, she has experience with unfair dismissal, TUPE, sex discrimination, disability discrimination and whistleblowing claims in the employment tribunal.  At Herbert Smith Emily was involved with several large pieces of High Court litigation on post-termination restrictions in the context of team moves. In her first six months of pupillage she assisted David Lewis in the conduct of Deir v Al Athel [2011] EWHC 354 (QB), a ten-day High Court trial relating to unpaid directorship fees.

Emily has experience in the conduct of CMDs, PHRs and final hearings in Employment Tribunals both through her work in Chambers and previously for the Free Representation Unit. As a FRU rep she appeared for the Claimant in a disability discrimination case which resulted in judgment for the Claimant and damages of over £10,000.

Emily is particularly interested in the interrelationship between Article 8 ECHR and employment law and has recorded a podcast on the topic “do employees have a right to privacy in the workplace?” which you can listen to here for free using the code “hardwicke2011”.

Professional negligence

Emily has drafted opinions and pleadings in several professional negligence cases, concerning solicitors and surveyors.

Recent cases:

• Currently acting as junior to PJ Kirby in a two week High Court trial involving breach of fiduciary duty, breach of the implied term of fidelity and non-dealing and non-compete restrictive covenants;

• Resisting annulment of bankruptcy order where the defendant disputed the assignment of debt and service of bankruptcy petition;

• Small claim concerning a guarantee given by email by a director of a company to a contractor;

• Defending a fast-track claim for unpaid recruitment fees on the basis of a penalty clause and alternatively waiver by estoppel;

• Assisted in advising on the construction of an insurance policy which involved determining whether the sale of a particular financial product was a ‘regulated activity’ under the FSMA 2000;

• Assisted as a pupil in the preparation for Meares v Medway PCT, EAT, 7 Dec 2010, a case on the correct approach to the question of whether a protected disclosure has been made in good faith;

• Assisted David Lewis and Nigel Jones QC as a pupil in Rossetti Marketing Ltd v Diamond Sofa Co Ltd and another [2011] EWHC 2482;

• Assisted PJ Kirby and Nigel Jones QC in preparation for a forthcoming trial in the Chancery Division concerning a claim for breach of trust in respect of a multi-million pound employees’ pension fund.

Property & Private Client

Emily spent three months of her pupillage sitting with the Property team and assisted with cases concerning adverse possession, business tenancies under the Landlord and Tenant Act 1954, forfeiture and relief from forfeiture, and claims for dilapidations.

Emily has appeared on behalf of landlords in a number of trials, both small claims and fast-track, including claims for possession, service charge and ground rent, as well as defending counterclaims for disrepair, unlawful eviction and failure to secure a tenancy deposit. Emily also has experience in mortgage possession claims, for both mortgagors and mortgagees, as well as obtaining charging orders and orders for sale.

Recent cases:

• Resisting an injunction preventing sale of property at an undervalue;
• Appeals from dismissal of warrants for possession – Emily has experience in both bringing and resisting appeals;
• Fast track trial involving unlawful eviction – where a landlord had changed the locks and left the tenants belongings in the garden;
• Claim for damp-related disrepair;
• Application for order for sale where the underlying debt was disputed;
• Claim for service charge defended on the grounds that the demands were not properly served.