Justin Emerson

Justin Emerson joined Gepp Solicitors in 2001 and is now Head of the Dispute Resolution team. He has 25 years’ experience covering all aspects of the litigation process across a broad range of disputes.

Justin has expertise in contract and property disputes as well as professional negligence claims. Justin represents both corporate and the private clients including the education and hospitality sectors, aiming to achieve a commercial, practical solution to avoid the time and cost of litigation.

As a successful litigator, Justin will always try to find the most cost-effective way of achieving the client’s objectives. His non-confrontational approach and calm manner ensures his clients are guided to the most practical solution. If matters go to Court, Justin’s firm approach has helped his clients ‘come out on top’.

CASE SUMMARY (1)

Director/shareholder dispute resolved before trial

Justin was instructed by a company director and shareholder who had fallen into dispute with his co-director and shareholder.  The relationship between the parties had deteriorated to the extent that the other director resigned and issued a petition on the grounds of unfair prejudice under section 994 of the Companies Act 2006.

The grounds alleged included failure to pay dividends, excessive director’s remuneration and a general under reporting of profits.  The petition was issued in the High Court, and the client needed assistance responding.  A defence was filed and expert evidence obtained regarding the value of the parties shareholding’s in the Company.  At mediation a settlement agreement was reached between the parties regarding the buy-out of the retiring directors’ shares.  This meant that client could focus on continuing to run his business without the ongoing expense of litigating the matter to trial.

CASE SUMMARY (2) 

Contract Dispute

Justin was instructed by a company in commercial litigation regarding an allegedly outstanding debt.  The client was a Care Home provider and engaged many care staff via agency referrals.  Once such agency was seeking to claim a fee for referring staff.  However, the client denied there was a referral because they already knew the staff. Therefore no introduction had been made and no fee was payable.  With Justin’s assistance the claim was defended to trial.  Whilst attempts were made to negotiate a settlement without incurring the costs of trial this did not prove possible due to the stance taken by the Claimant.  The client was successful at trial and the claim was dismissed.  The claimant was ordered to pay a contribution towards the client’s costs, which whilst not fully reimbursing, represented a significant saving upon simply paying the debt claimed.

CASE SUMMARY (3)

Professional negligence

Justin represented an individual client with a professional negligence claim against a firm who provided will drafting and tax advice.  The firm had failed to advise the client regarding the full tax implications of a settlement trust created.  The client subsequently had to pay unexpected tax to HMLR and penalties for late payment.  A letter of claim was sent seeking a contribution towards the tax and late payment penalties.  With Justin’s assistance the case was settled without the need for the expense and delay of court proceedings.