Aviation work is an expanding area of Erin’s practice and one which she is actively pursuing.

Earlier this year Erin was led by Steven Thompson representing Air France in a dispute involving the sale by Air France of six Boeing 747s (Eagle Aircraft Leasing v Air France (2009-2010)).  The case concerned the delivery condition of the aircraft and documentation pursuant to the sale and purchase agreements and local regulatory requirements.

Erin recently acted on a dispute surrounding the manufacture, sale and purchase of aircraft components in accordance with regulatory requirements. 

Erin has also been instructed on disputes involving alleged breaches of aircraft leasing agreements in respect of several Airbus A320s.

Erin has been instructed on a number of international trust disputes, including proceedings for the removal of a trustee and breach of trust and asset tracing.  She was involved in acting for the provisional liquidator of BVI and Congolese companies which were alleged to be holding Congolese state assets and against whom the judgment creditor sought to enforce the judgment (Kensington v Congo [2005] EWHC 2684). 

Erin assisted Counsel in a conspiracy and tracing claim in the Chancery Division brought by the Zambian Government against the former President of Zambia and other parties (Attorney General for Zambia v Meer Care Desai & ors[2007] EWHC 952 (Ch)).

Erin has experience in a wide range of commercial and contract related disputes and regularly appears in the High Court and County Court in trials, case management hearings and interlocutory applications including summary judgment, applications for injunctions, to set aside judgment in default, standard and specific disclosure, third party debt orders and charging orders.  Her experience has included:

• Several disputes involving sale of goods and supply of services in a range of industry sectors including construction, aviation, landscape gardening and architecture
• Acting for Air France in a dispute involving the sale of six Boeing 747s, revolving around the delivery condition of the aircraft and documentation pursuant to the sale and purchase agreements and local regulatory requirements
• Instructed by clients in the DIFC to prepare several applications to be heard by various courts of the DIFC.  These have included an appeal from an enforcement order of the High Court, a strike out application, an application for an injunction restraining a party from bringing further proceedings, defending an application for a third party debt order and bringing proceedings in the small claims tribunal.  Each has involved the analysis and application of the Civil Procedure Code for the DIFC
• Seeking an obtaining an injunction restraining a former director and employee of a company from disclosing confidential information
• Defending a financial trader against claims of breach of a contract for provision of services and/or professional negligence
• Acting in claims against auction houses involving principles of agency, including a claim for the return of goods deposited and stolen by an employee and a separate claim for the return of amounts paid for goods which it later transpired were stolen property
• A dispute arising from the sale of a business surrounding the liability of the seller to suppliers to the business post-sale
• A dispute regarding the payment of commission pursuant to an agreement between an English language school and a third party and counter-allegations of breach of contract
• Advising and representing an investor on the recoverability of sums invested on the basis of a misrepresentation
• Advice on the extent and enforceability of warranties contained in business sale agreements

Erin has a broad and comprehensive company law background from her time as a solicitor in the corporate department of Herbert Smith.  In particular, she has experience of drafting and negotiating share sale agreements and business sale agreements, advising on terms, drafting corporate documents and assisting with company group restructurings.

Erin’s recent work includes:

• Appearing in the High Court on a petition brought pursuant to s.994 Companies Act 2006 in which she successfully argued on behalf of the petitioner that his fellow director/shareholder had unfairly excluded him from the management of the company, misappropriated company funds and unconstitutionally re-aligned the shareholding of the company in his favour (Lantsbury v Hauser and another [2010] All ER (D) 35)
• Obtaining an injunction to restrain threatened breaches of confidentiality by the former director of a company
• Advising on the extent and enforceability of directors’ duties
• Applications to register legal charges out of time and advice on the effects of late registration
• Appearances in the Companies Court pursuant to winding up petitions
• Advising on the nature of partnership assets and the procedure for dealing with those assets upon the death of a partner
• Disputes among financial contributors to a company where little or no formal arrangements are in place, including disputes as to whether money advanced was an investment or a loan
• Advising upon a dispute arising from the agreement reached between shareholders upon one of them leaving the company 

Erin has built up a broad insolvency practice and regularly appears in the High Court and County Courts in both corporate and personal insolvency.  Her work includes:

• Regular appearances in the Companies Court pursuant to winding up petitions
• Applications for injunctions restraining presentation or advertisement of winding up petitions
• Applications for validation orders
• Applications to appoint provisional liquidators
• Application for permission to use a prohibited name pursuant to section 216 Insolvency Act 1986
• Applications in relation to administrations, including extension of the period of administration
• Regular appearances in County Courts and before Registrars pursuant to bankruptcy petitions
• Applications to set aside statutory demands
• Applications for annulment of bankruptcy orders
• Applications for private examination of a bankrupt
• Advice on the applicability of limitation periods in the context of a bankruptcy
• Advice on the potential liability of an administrator for rent charged on real property used in the course of an administration

Erin’s recent work includes:

• Advising on the merits of a claim against a firm of solicitors for professional negligence in its handling of a personal injury case
• Advising the liquidators of a company on the merits of a claim for negligence against the former auditors of that company on the grounds of inadequate disclosures in the financial statements
• Defending a financial trader against claims of breach of a contract for provision of services and/or professional negligence
• Advising upon a claim involving allegations of negligent will drafting

Erin’s property practice includes:

• Bishop v Chhokar: appearing at trial on behalf of the defendant and counterclaimant in a claim by a former tenant for compensation for improvements made to property pursuant to an alleged contract and a counterclaim for unpaid rent
• Mohindra v Bennett: a dispute concerning the continued existence and extent of a right of way
• Applications for charging orders
• Peniel Church v Reid: defending possession proceedings on the grounds of proprietary estoppel and/or a constructive trust
• Advice to head landlord on breach by sub-tenant of terms of sub-lease
• Drafting proceedings for declarations under the Trusts of Land and Appointment of Trustees Act
• Advising on co-ownership of property and an application to Court to amend the land registry entry

Erin has been instructed on a number of international trust disputes in various jurisdictions.  These have included:

• Applications in Anguilla and Jersey arising from the terms of an Anguilla law trust including for the removal of trustees and appointment of new trustees, for directions from the Court and for disclosure against a third party bank
• Acting for the provisional liquidator of BVI and Congolese companies which were alleged to be holding Congolese state assets and against whom the judgment creditor sought to enforce the judgment
• Advising an offshore trust company upon the potential costs consequences of not having made a Beddoes application before defending proceedings and ways to minimise the costs liability
• Instructed in ongoing litigation in England involving allegations that the trustees of an offshore trust in breach of trust have failed to collect in and realise trust property and/or preferred the interests of the income beneficiary over those of the capital beneficiaries

Erin regularly appears in court and/or advises on contentious probate issues, and has twice undertaken secondments with solicitors’ practices advising on contentious trusts and succession with an emphasis on charity beneficiaries.  Her recent work includes:

• Bringing proceedings on behalf of a beneficiary contesting the validity of an unsigned, undated will which had been admitted to proof, including appearing on an application for permission to view the evidence submitted in support of the application for proof of the unsigned, undated will
• A claim by an executor challenging various transfers made by the son of the deceased purportedly under a power of attorney, including allegations of undue influence
• Defending a claim brought by the spouse of a deceased contesting the transfer of a sum of money by the deceased to his daughter shortly before his death and whether or not it constituted an inter-vivos gift
• Representing the executor of his father's estate in a series of claims brought by his brother in the Chancery and Family Divisions of the High Court relating to the administration of the estate, including appearing on an appeal in the Family Division of the High Court on jurisdictional grounds
• Applications by trustees for directions, both in the United Kingdom and in offshore jurisdictions
• Defending an application for the removal of a caveat
• Drafting and appearing on applications to remove/replace personal representatives
• Advising on proprietary estoppels claims and claims based upon constructive trusts
• Advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Representing charity beneficiaries in a claim against personal representatives alleging negligence
• Advising on the merits of a proposed application to rectify a will
• Detailed advice on the extent of trustees' investment obligations
• Claims involving allegations of a professional negligence, including negligent will drafting