Emma Loizou
Call: 2018
Barrister
Emma Loizou has a broad chancery practice covering the full range of Radcliffe Chambers’ core practice areas with a particular interest in private client and insolvency litigation. She regularly appears as sole advocate in the County Court and High Court as well as having a busy drafting and advisory practice.
Emma has experience advising and representing clients in matters relating to trusts, wills and estates.
Her recent work includes:
- Advising on claims brought under the Inheritance (Provision for Family and Dependants) Act 1975.
- Advising on the construction and rectification of wills.
- Advising on challenging a will on various grounds including lack of capacity, undue influence and forgery.
- Advising on the revocation of a will where there were issues of domicile and conflicts of law.
- Advising in relation to an insolvent estate.
- Representing the defendant at a mediation in an intimated claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- Advising in relation to disputes involving co-ownership of property following a relationship breakdown including claims for a declaration of beneficial interests and equitable accounting.
As a pupil, Emma shadowed counsel and gained experience of settling proceedings, preparing skeleton arguments and written advice in a variety of disputes including:
- Contentious probate claims.
- Claims for provision under the Inheritance (Provision for Family and Dependants) Act 1975.
- Revocation of a will.
- Part 64 claims for the court’s directions concerning the administration of estates.
- Costs.
Emma regularly appears as sole advocate in the High Court and County Court in personal and corporate insolvency matters, in particular in contested winding up and bankruptcy petitions. She acts for debtors, petitioners and insolvency practitioners. Emma is a contributor to Insolvency Litigation: A Practical Guide, 3rd Ed.
Emma’s recent work includes:
- Acting for the successful petitioning creditor in Re A Company [2022] EWHC 943 (Ch). The case concerned whether the coronavirus test under the Corporate Insolvency and Governance Act 2020 was satisfied and whether the petition debt was bona fide disputed or subject to genuine and serious cross-claims.
- Acting for the successful trustee in bankruptcy before the First-tier Tribunal in securing a restriction at the Land Registry over a property held in the names of the bankrupt and a relative where there were arguments concerning sham trusts.
- Acting for the debtor in bankruptcy hearings where the petition debt was disputed on various grounds.
Emma has experience of a range of insolvency applications including:
- Setting aside statutory demands.
- Annulment of bankruptcy orders.
- Possession and sale of a bankrupt’s former home.
- Validation orders.
- Winding up petitions on the just and equitable ground.
- Administration orders.
- Extensions of administration.
- Income payment orders.
Emma is also developing a broad company law practice. She is familiar with applications to extend time to register a charge with Companies House, applications to rectify the register as a result of a mis-statement, applications to restore dissolved companies to the register and applications to the court to convene a company meeting.
During pupillage, Emma gained experience of preparing skeleton arguments and written advice in relation to a variety of issues including directors’ duties and liabilities, shareholder disputes, administration applications and removing a trustee in bankruptcy from office.
Emma advises on and represents clients in property-related disputes.
Emma’s recent work includes:
- Acting for the successful trustee in bankruptcy before the First-tier Tribunal in securing a restriction at the Land Registry over a property held in the names of the bankrupt and a relative where there were arguments concerning sham trusts.
- Advising in relation to disputes involving co-ownership following a relationship breakdown including claims relating to constructive trusts and proprietary estoppel.
- Settling pleadings and representing the claimant at various hearings including an early neutral evaluation in a claim for a declaration as to beneficial interests, order for sale and equitable accounting.
- Attending the hearing of a final charging order in relation to a judgment worth almost £1 million.
- Advising in relation to the creation of an easement.
- Possession claims.
During pupillage, Emma gained experience of a wide variety of real property matters including proprietary estoppel, constructive and resulting trusts and land registration issues.
Emma has experience advising and settling proceedings in a variety of commercial matters including contractual disputes and the sale and supply of goods and services.
Emma has recently advised on issues concerning jurisdiction and governing law in a contractual dispute concerning parties based in different jurisdictions.
Emma is regularly instructed to represent clients in commercial disputes at trial or at interim hearings. She is familiar with applications for extensions of time, default judgment, strike out, summary judgment and relief from sanctions. Emma is also regularly instructed to attend dispute resolution hearings.
- BPTC at the University of Law (2017-2018)
- BCL at Wadham College, University of Oxford (2016-2017)
- Law with Study in Continental Europe at the University of Bristol (2010-2014)
Emma graduated from the University of Bristol with a First. She was awarded the prize for coming top of her year in the trusts exam. During her undergraduate degree, Emma spent a year studying law at Università degli Studi di Siena, Italy.
Before coming to the Bar, Emma worked as a research assistant at the Law Commission on the charity law reform project.
- 4 Stone Buildings Prize for joint best performance in Civil Litigation, Evidence and Remedies, The University of Law (2018)
- Lord Denning Scholarship, Lincoln’s Inn (2017)
- Hardwicke Entrance Award, Lincoln’s Inn (2017)
- South Square Chambers Scholarship to study the BCL, University of Oxford (2016)
- Herbert Smith Freehills Prize for best performance in trusts, University of Bristol (2014)
- Winner of the Herbert Smith Mooting Competition, University of Bristol (2011)
- Winner of the Field Shield Mock Trial, University of Bristol (2011)
The Honourable Society of Lincoln’s Inn.
The Chancery Bar Association.
Read Emma’s Privacy Notice, Data Protection Policy and Disposal Policy.