Emilia Carslaw
Junior counsel

Emilia Carslaw

Call to Bar:2020

LEGAL 500

5 Stone Buildings is one of the 'best traditional Chancery sets'.

Emilia has a busy Chancery practice and welcomes instructions in all of chambers’ practice areas. She joined 5 Stone Buildings in October 2021 after successful completion of her pupillage in chambers.

 

Emilia has experience in a wide range of private wealth disputes, including those relating to:

  • Wills, probate, and the administration of estates, including contentious probate claims, claims under the Inheritance (Provision for Family and Dependants) Act 1975, the construction of wills, and claims against personal representatives (including claims for their removal or substitution) and by personal representatives (including Part 64 applications). She deals with both English and cross-border estates.
  • Trusts (both on and offshore), acting for beneficiaries, trustees and third parties in a variety of disputes, including trustee removal claims, claims for breach of trust, claims for disclosure, and applications for directions.
  • The Court of Protection, with a focus on property and affairs, including recent statutory will applications and contested deputyship applications.
  • Equitable claims often involving the lifetime transfer of assets pursuant to undue influence, lack of capacity, or other vitiating factors. She has also prepared statements of claim and applications in numerous jurisdictions in respect of the recovery of assets misappropriated in the context of a high-profile international fraud.
  • Real property, including ToLATA claims and proprietary estoppel claims. She successfully obtained a vesting order under section 181 of the Law of Property Act 1925 in Alison Court Management Company Ltd v Crown Estate Commissioners [2022] EWHC 2375 (Ch). 
  • Taxation, both advising private clients in contentious and non-contentious matters and acting in tax litigation for HMRC as a member of the Government Legal Department’s off-panel junior junior scheme. She appeared (led) in the Supreme Court in Fisher v HMRC concerning the transfer of assets abroad regime.
  • Art and cultural property, including, as a pupil, provenance disputes, professional negligence claims, authenticity and attribution disputes, and other contractual disputes. She is a member of Professional Advisers to the International Art Market (PAIAM)”. .

 

Emilia has a first class degree in Classics from the University of Oxford, where she won university prizes for the best performance in the Latin papers and for the best thesis on a Roman topic. She went on to complete an MPhil in Latin Literature at the University of Cambridge. She obtained a Distinction in the GDL, coming top in her year in the Equity and Trusts exam and third in the year overall. While studying for the BPTC, for which she obtained an Outstanding grade, she was a Visiting Lecturer at City Law School. She also represented the parents of children who had been excluded from school in front of school governing bodies and local councils through the School Exclusion Project.

About Emilia Carslaw

Education and Qualifications
  • BPTC, City, University of London: Outstanding
  • GDL, City, University of London: Distinction
  • MPhil in Latin Language and Literature, Emmanuel College, Cambridge
  • BA in Classics, Jesus College, Oxford: First Class
Scholarships and Prizes
  • Buchanan Prize (Lincoln’s Inn)
  • Lord Denning Scholarship (Lincoln’s Inn)
  • Lord Brougham Scholarship (Lincoln’s Inn)
  • Postgraduate Scholarship (City Law School)
  • Serle Court Prize for Equity and Trusts (City, University of London)
  • Viscount Sankey Award (Jesus College, Oxford)
  • Hertford Prize for the best performance in the Latin papers (University of Oxford)
  • De Paravicini Prize for the best thesis on a Roman topic (University of Oxford)
  • Various college prizes (Jesus College, Oxford)
  • GDL Moot, finalist and runner-up (City, University of London)
  • Maitland Advocacy Prize, semi-finalist
Memberships
  • Court of Protection Bar Association
  • ConTrA
  • Chancery Bar Association
  • Professional Advisers to the International Art Market
  • Advocate
Publications and lecturing

Emilia enjoys writing journal articles and has contributed to Trusts & Trustees (see Investing in their best interests: considerations for trustees from the rise of ESG’ (2023) Trusts & Trustees volume 29, issue 8, pp. 698-708, which she wrote alongside Peter Steen, Alexander Rhodes and Margherita Cornaglia of Mishcon de Reya).

Along with other members of Chambers, Emilia writes regular case notes for Trusts & Estates and the Solicitors for the Elderly newsletter.

She also gives webinars and conferences to solicitors about all areas of her practice.

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