Practice overview
Emma specialises in construction and commercial matters including professional negligence claims. Within those areas, she acts in complex dispute resolution, both as a junior and in her own right. She is known for her meticulous preparation and tenacity.
Emma is appointed to the Attorney-General’s C Panel. She is instructed as junior counsel to the Grenfell Tower Inquiry and for the Cabinet Office on the Covid Inquiry.
Before coming to the Bar, Emma had a successful career in business communications, working for organisations as diverse as Serco, the Carbon Trust and Microsoft. This experience has given her a particular understanding of multinational commercial clients as well as a practical and business-minded approach.
She currently sits on the board of AIM-listed fire safety products company, Lifesafe Holdings plc, as a non-executive director.
Before changing her career, Emma combined her work with fencing sabre at an international level. She represented Australia in five world championships and won two Commonwealth medals.
Areas of expertise
- Construction & engineering
- Construction & engineering
Construction & engineering
Emma has built a strong construction practice at Gatehouse Chambers. Emma’s interest in construction stems from working extensively in her previous career with architects, engineers and built environment professionals. This experience gives her a firm grasp of technical issues and a detailed understanding of how the elements of a project team interact.
She has a particular expertise in disputes involving the energy and renewables sector (see separate tab on her profile).
Fire safety
As well as maintaining a traditional construction practice, through her work as counsel to the Grenfell Tower Inquiry, Emma has developed an exceptional understanding of the Building Regulation issues that cladding cases often raise.
She has also developed excellent knowledge of developing fire-safety legislation, including the Building Safety Act 2022, Regulatory Reform (Fire Safety) Order 2005 and all aspects of construction product regulation.
Her work in this field goes beyond cladding: she has broad experience working on cases involving other fire-safety measures such as smoke control, fire doors, sprinklers and lifts.
Recent construction litigation work:
- Advised a major production company on an upcoming play about the Grenfell Tower tragedy.
- Acted for a property developer on several claims regarding the Defective Premises Act 1972.
- Advised property management company on liability following the closure of a residential high-rise block. Threatened enforcement action under the Regulatory Reform (Fire Safety) Order 2005 was dropped following Emma’s submissions.
- Currently acting for a claimant in a matter turning on the proper standard to be achieved for the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER).
- Junior to Brie Stevens-Hoare KC, acting for a purchaser of portfolio of residential tower blocks. Emma’s client alleged non-compliances with the fire requirements of the Building Regulations.
- Advised owners of a hotel with unsafe cladding on liability and strategy.
- Junior to Paul Reed KC in RSK Environment Ltd v Hexagon Housing Association Ltd [2020] EWHC 2049 (TCC), regarding a point of law on the scope of tortious liability.
- Advised owner of a vessel following defective drydock works, and currently acting in litigation against contractor.
- Successfully achieved a favourable settlement for the employer in litigation concerning defective specification and installation of biomass plant.
- Junior to John de Waal KC, acting for the owner of a portfolio of residential tower blocks with numerous defects in the installation of structural elements, cladding and cavity barriers; M&E plant; and utilities services.
- Acted for the claimant seeking a substantial stage payment for engineering services in a large development overseas.
Work on the Grenfell Tower Inquiry:
Emma has been instructed on the Grenfell Tower Inquiry since early 2018. She has focussed particularly on:
- Façade construction.
- Testing, classification and certification of cladding, insulation and fire stopping products.
- Project management.
- CDM responsibilities, including the effect of the CDM Regulations 2007 and 2015.
- Gas supply and works.
- Accreditation of testing bodies and laboratories.
She has taken evidence from witnesses at the Inquiry hearings.
- Adjudication and Expert Determination
Adjudication and Expert Determination
Emma acts regularly in adjudications and expert determinations.
Recent cases include:
- Junior toBrie Stevens-Hoare KC, acting for a purchaser of portfolio of residential tower blocks. Emma’s client alleged non-compliances with the fire requirements of the Building Regulations.
- Acted in a high-value adjudication based in Ireland, which included a multi-day hearing, focusing on issues of delay and quantum.
- Acted for a contractor in a claim regarding asbestos removal works.
- Regularly acted in adjudications involving:
- Payments based on notices.
- Final accounts
Emma accepts instructions under Gatehouse Chambers’ Fixed Fee Adjudication Scheme.
- Energy & renewables
Energy & renewables
Emma has a particular interest and expertise in the energy and renewables sector. In her previous career, Emma wrote extensively about the sector, including publishing guidance on environmental technology and renewable energy.
She has particular strength in the regulatory law that governs the supply of gas and electricity.
Recent cases include:
- At the Grenfell Tower Inquiry, Emma led on gas issues. She took evidence from the Gas Transporter.
- Advising a company on contractual and statutory rights as to the supply of gas, pipe-laying and connection, including rights under the Gas Act 1986, dealing with the HSE and Ofgem.
- Emma regularly acts for an electricity supplier, dealing with claims regarding supply, metering and contractual arrangements. She has particular familiarity with the Electricity Act 1989, including the Electricity Code.
- Achieved a favourable settlement for the employer in litigation concerning a defective biomass plant, under threat of sanction by the Environment Agency.
- Junior to David Lewis KC, acted in an arbitration concerning a joint venture for the exploration and exploitation of petroleum.
- Junior to Paul Reed KC, acted in litigation for the manufacturer of products for an offshore platform, on a matter concerning the sale of defective materials.
- Property damage
Property damage
Emma has broad experience in property damage and Party Wall Act matters.
Recent cases include:
- Appearing at trial for a developer, successfully defending an allegation of property damage.
- Appearing for the Adjoining Owner’s surveyor at appeal, successfully defending allegations of negligence and recovering a substantial costs order.
- Construction insurance
Construction insurance
Emma advises on coverage issues arising in construction matters.
Recent cases include:
As junior to Paul Reed KC:
- Advised on coverage issues with regards to a development constructed on ground with sinkholes.
- Advised on coverage issues in a matter defective materials supplied to a manufacturer of products for use on an offshore platform.
Emma is a contributor to Construction Professional Indemnity Insurance, Sweet & Maxwell, 2018 and Insurance Broking Practice and Law, edited by CMS Cameron McKenna, Informa, Looseleaf.
- Construction & engineering
- Commercial dispute resolution
- Commercial arbitration
Commercial arbitration
Emma has extensive knowledge of both domestic and international arbitration.
Recent cases include:
- As junior to David Lewis KC, acted in a high value arbitration concerning payment of cash calls in an international joint venture agreement.
- Advised on security for costs in an LCIA arbitration.
- Acted in a dispute about the purchase of a large portfolio of property.
- Commercial litigation
Commercial litigation
Emma acts in a range of complex commercial disputes.
As well as a traditional commercial litigation practice, Emma’s work has included resisting an appeal by a disqualified charity trustee on behalf of the Charity Commission in Ioannou v the Charity Commission. Emma was successful on all grounds.
She has been commended for her careful analysis of the law and scrupulous attention to detail regarding the facts of each case. Her business background gives her useful insight into the interests underlying such disputes and their commercial drivers.
Recent cases include:
- Acted for the sellers of two care homes in a pricing dispute.
- Acted for a business claiming loss of profit arising from the defendant’s closure of the business’s premises without sufficient notice. The matter engaged issues of agency and frustration.
- Acted for several claimant entities and directors in their claims for breach of fiduciary duty.
- Advised the commissioner of a work of art of her potential claims, including her rights under the Consumer Rights Act 2015.
- Franchising
Franchising
Emma’s commercial practice is especially focussed on franchising. She regularly appears in courts of all levels on injunctions, interim applications and at trial in franchise cases.
Recent cases include
- Advised franchisor as to injuncting a franchisee operating under a new name. The matter engaged issues of collateral contracts, novation, variation and breach.
- Successfully resisted an application to amend by a claimant, on behalf of a very large franchisor.
- Acting for franchisee facing claims from several claimants of fraudulent misrepresentation.
- Acted for franchisee in claim for wrongful termination, based on allegations of fraud.
- Acting for a franchisee in construction business, in a matter concerning franchise contractual issues as well as complex construction regulations.
- Commercial arbitration
- Costs and litigation funding
Costs and litigation funding
Emma appears in costs matters, most regularly on Solicitors Act assessments.
Recent cases include:
- Hanley v JC&A and Green v SGI Legal LLP [2018] EWHC 2592 (QB) on Solicitor’s Act 1974 duties delivery up of solicitor’s files.
- Successfully striking out a claim for solicitors’ fees on the basis of inadequacies in the purported bill rendered.
- Advised as to cost budgeting in group litigation.
- Financial professionals, insolvency professionals, directors & officers
Financial professionals, insolvency professionals, directors & officers
Emma’s commercial expertise makes her well placed to handle professional claims against financial advisors. She has recently advised on scope of duty of an independent financial advisor.
Professional associations
- Commercial Bar Association
- London Common Law & Commercial Bar Association
- National Association of Women in Construction
- Professional Negligence Bar Association
- Society of Construction Law
- TECBAR
Publications
Emma is a contributor to the recently published Electronic Disclosure Law and Practice and to Construction Professionals Indemnity Insurance.
Qualifications
- LLM – King’s College London – (Distinction)
- BPTC – University of Law – (Outstanding)
- GDL – University of Law – (Distinction)
- BA in English and Ancient History, University of Queensland – (First Class Honours)
- L.LM – Georg Schwarzenberger Award for International Law
- L.LM – Prize for best student on Business Law programme
- BPTC – Inner Temple Exhibition Award
- BA – University Medal for Outstanding Scholarship