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Emma Catia Walker

Call 2014

"Approaches cases with a fresh perspective"

Legal 500 2024
Contact Emma
+44 (0)20 7822 1200
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Expertise

Emma’s commercial practice covers a wide range of industry sectors, including, banking and finance, energy, construction, and insurance.

Many of Emma’s matters consist of an international and cross-border element.

Emma is currently instructed as junior counsel in a high-value cross-border banking dispute, to the value of over £28m, which is due to be heard in the Commercial Court in early 2025.

Notable Commercial Dispute Resolution cases

Acting for a Petitioner in s.994 proceedings arising from the mismanagement an alarm company, including seeking (and obtaining) a stay of proceedings to rectify the Register of Companies.

The Saudi British Bank v Abengoa S.A. (Commercial Court) [2019-2022]. Emma acted (led by Richard Hanke) for the Claimant in a claim under a number of banking guarantees, to the value of over £5m, successfully obtaining summary judgment.

East Fish Processing LLC v (1) Ecolog International FZE (2) Ecolog International CFI 052/2021 (DIFC). Emma acted as sole counsel for the joint Defendants who were a supplier to the UN, in relation to an alleged breach of contract concerning supply of commercial commodities, and non-payment. The Defendants were successful in both defending the claim and awarded their counterclaim. The Defendants were also successful on appeal.

A v B [2021-2022] (DIFC and Commercial Court, London). Emma acted (led by Rupert Reed KC) successfully in a worldwide freezing injunction obtained in DIFC and England & Wales for approximately US$88million.

Acted in two matters as sole counsel before Commercial Court relating to breaches of an SPA and one in relation to breach fiduciary duties.

Acted as sole counsel for a petrochemical service provider in services agreement dispute with multinational chemical manufacturing company.

The World LLC v Shokat Dalal (Commercial Court) [2019-2020]. Emma acted (led by Ian Mill KC) for the Defendant in a claim concerning recognition and enforcement of judgments of the Dubai courts in the sum of approximately £35million, which included allegations that the judgments were procured by fraud.

Advised a European food franchise in a commercial contractual dispute, amounting to approximately £15million, under a Franchise Management Agreement.

Advised two airlines, in relation to two different disputes – one dispute concerned non return of security deposit in accordance with an aircraft leasing contract, whilst the second dispute concerned contractual and tortious breaches of an aircraft purchase agreement.

Paralel Routs Ltd v Fedotov [2019] EWHC 2656 (Ch). Emma acted (led by Richard Hanke) for the Defendant in a claim brought to recover £26million allegedly due under 17 loan agreements, which were in fact part of a corporate raid by a Russian former business rival.

Acted for a Claimant biomedical company in USD$9 million breach (settled upon receipt of Particulars of Claim).

Represented an energy company in its claim for breach of commercial restrictive covenants and commercial fraud claim (settled upon receipt of Particulars of Claim).

State Trading Corporation v Betamax Ltd [2019] SCJ 154. Emma acted (led by Stuart Isaacs KC) for the Defendant, before the Supreme Court of Mauritius, concerning the set aside of a SIAC arbitration award, on the grounds of breach of domestic public policy.

Elena Baturina v Alexander Chistyakov [2017] EWHC 1049 (Comm) (led by Nick Cherryman) relating to the defence of a Russian investor against claims for breach of contract, breach of fiduciary duty and fraud relating to a joint property development.

Emma regularly acts as counsel in domestic and international arbitration proceedings, and has experience in both institutional and ad hoc arbitrations.

Notable International Arbitration cases

Acted in an ICSID arbitration brought under UK-UAE BIT concerning real estate investments.

Provided expert evidence for Moscow City Arbitrazh Court in relation to the interpretation of an LCIA arbitral award.

Acted in a US$8million Bilateral Investment Treaty SCC arbitration, representing two Russian Claimants, against the government of an Easter European state relating to expropriation and suspension of the Claimants’ shares in a major local bank.

Acted in a US$275million ECT claim, under ICSID, for an oil and gas exploration and production company.

Acted in a US$1.7 billion UNCITRAL arbitration, as part of a counsel team, for an oil and gas exploration and production company.

Acted in a £2.2million LCIA tax arbitration concerning corporation tax, share valuation and fraud.

Acted for a Malian gold production and exploration company against a private equity fund in an approximately US$10million dispute, in relation to early termination of a project finance facility.

Acted for a Saudi-based high net worth individual in a EUR 65 million action relating to the sale and purchase of a luxury yacht (London Maritime Arbitrators Association).

Emma is regularly instructed in civil fraud disputes, and has experience in dealing with urgent interim applications. Much of her commercial and insurance work includes issues of commercial fraud, especially in relation to claims concerning breaches of fiduciary duties and economic torts (inducement of breach of contract and conspiracy), and deceit.

Emma has advised an international telecommunications company on the impact of the Bribery Act 2010.

She is regularly instructed in matters concerning asset recovery, concerning international and cross-border assets.

Notable Civil Fraud & Asset Recovery cases

A v B [2021-2022] (DIFC and Commercial Court, London). Emma acted (led by Rupert Reed KC) successfully in a worldwide freezing injunction obtained in DIFC and England & Wales for approximately US$88million.

Advised a member of the ‘Big 4’ in dispute with another member, as to regulatory breaches.

Acted as sole counsel for a large high street department store in a contractual dispute, and successfully was awarded a counterclaim in relation to commercial fraud.

Paralel Routs Ltd v Fedotov [2019] EWHC 2656 (Ch). Acted (led by Richard Hanke) for the Defendant in a claim brought to recover GBP26million allegedly due under 17 loan agreements, which were in fact part of a corporate raid by a Russian former business rival.

Represented an energy company in its claim for breach of commercial restrictive covenants and commercial fraud claim (settled upon receipt of Particulars of Claim).

Acted as junior counsel in a US$8m Bilateral Investment Treaty SCC arbitration, representing two Russian Claimants, against the government of an Eastern European state relating to expropriation of the Claimants’ shares in a major local bank (SCC, Stockholm).

Emma is frequently instructed on claims concerning property damage. At present, she is instructed in multiple property damage cases concerning:

  • Flooding due to burst pipes, sub-standard plumbing and poor architectural design.
  • Fire due to failure to extinguish, electrical faults and negligent architectural design.
  • Japanese Knotweed concerning spread from local government and land.
  • Trees due to ingress of roots requiring superstructure repairs, underpinning, and root-barriers following subsidence.
  • Cavity Wall Insulation due to allegations of improperly or negligently installed CWI.

She has extensive experience of property damage claims as sole counsel, and brings her commercial litigation, civil fraud and insurance experience to bear in claims concerning policy coverage issues, subrogated recovery, expert evidence, non-disclosure and fraud.

Notable Property Damage cases

Acted for the Claimant owners of a property destroyed following the escape of fire from an adjoining residential property. The claim raises issues of professional negligence in addition to the ignis suus doctrine.

Acted for a charitable trust concerning fire spread from electrical power cables.

Acting for the Claimant in two subrogated recovery actions brought for breach of the ignis suus duty arising from a catastrophic fire.

Acting for both multiple Claimants and Defendants in relation tree-related subsidence and TPOs.

Acting for Claimants in multiple high-value subrogated recovery actions arising from an escape of water in period properties across England.

Acting for Defendants in multiple claims relating to Japanese Knotweed.

Acted for subrogated insurers in recovery proceedings arising from a catastrophic warehouse fire.

Acted for an events company concerning fire damage to approximately 100 vehicles.

Emma is frequently instructed to advise, draft and appear in products claims concerning property damage. Emma uses her property damage and commercial litigation experience to provide widespread advice in claims.

Emma has experience in advising and acting in claims relating to water and gas pipework, electrical cabling, insulation, ACM cladding, and defective household electrical appliances.

Notable Product Liability cases

Emma acted as junior counsel (led by James Maxwell-Scott KC) in the Grenfell Inquiry.

Advised leaseholders in a number of high-rise blocks across the North West in relation to ACM Cladding.

Acted for a utilities company in a claim in which it was alleged that a catastrophic fire arose in a furniture factory due to alleged defective electrical cabling.

Acted for a utilities company in a claim in which it was alleged that a large-scale flood arose due to alleged defective pipelines.

Acted for an events company concerning alleged defective electrical cabling which allegedly caused fire damage to approximately 100 vehicles.

Acted for a national department store in relation to alleged defective household appliances.

Emma is regularly instructed in corporate and personal insolvency matters, including in relation to liquidations, administrations, voluntary arrangements, bankruptcies and transaction avoidance actions.

She also has considerable experience of insolvency and company law matters arising in the context of her insurance and civil fraud practices.

Notable Insolvency cases

Acted for a HNW individual in an application to set aside a statutory demand (Insolvency and Companies Court).

Acted as sole counsel in numerous possession and sale applications.

Acted as sole counsel in numerous contested administration applications, winding-up petitions and bankruptcy petitions.

Advised on US$1.05 Billion Sale of a Power Plant Stake and the finance re-structuring matter for an international food and drinks company.

Emma advises and acts as sole counsel, appearing regularly on behalf of Claimants and Respondents, in Employment Tribunals, in a range of employment cases concerning all areas of employment law. She regularly acts for a broad range of clients, including individual employees and employers, SMEs, FTSE and multinational companies, and local authorities.

Most of Emma’s cases involve overlapping issues including constructive unfair dismissal, wrongful dismissal, discrimination, whistleblowing, harassment, victimisation, misappropriation of confidential information, and breach of restrictive covenants.

Emma was awarded “Leading Legal Mind in Employment Law 2020” by SME Legal Awards.

Notable Employment cases

Amidon v Tavistock and Portman NHS Trust [2024]. Acting for the employee in whistleblowing and race discrimination/harassment claim.

A v NHS Trust [2023-ongoing]. Acting for the employee in a disability discrimination and constructive unfair dismissal claim.

Izod v Peterborough Milton Golf Club Ltd [2022]. Acted for the Respondent in a claim for unfair dismissal and breach of contract.

Williams v Hurryflow Ltd [2021]. Acted for the Respondent in a claim for unfair redundancy.

Ukwu v Tritax Management LLP & Others [2020-ongoing]. Acted for two Respondents in relation to whistleblowing and discrimination.

Paintal v Art Asia Trust Ltd & Others [2020]. Acted for the three Respondents in relation to a claim concerning automatic unfair dismissal, and whistleblowing.

Parkes v The Chief Constable of Merseyside Police [2020]. Acted as counsel for the Claimant in relation to a claim under Regulation 5, Agency Worker Regulations 2010.

Jenkins-Hurrell v The Campion School & Ors [2019]. Acted for the three Respondents in relation to a claim concerning harassment, discrimination, and constructive unfair dismissal.

Blessing v JWT Commercial [2019]. Acted as counsel for the Respondent concerning whistleblowing and unfair dismissal.

Advised on £1.8 billion deal between LCCG and Equitable life.

A v B [2019]. Acted for an employee of a government department in relation to constructive unfair dismissal and whistleblowing.

Emma uses her employment, and commercial practices to provide assistance across multiple areas of sports law.

Emma has been appointed for a three-year term (until 2027) to the Sport Resolutions Pro Bono Service.

Emma accepts instructions to act on inquiries and investigations.

Emma acted as junior counsel (led by James Maxwell-Scott KC) in the Grenfell Inquiry, drafting questions for witnesses.

Emma acted on a Dutch authority’s tax investigation.

Emma has a broad construction practice, with experience of construction arbitrations (LCIA and ICSID), adjudications and in the TCC.

Emma advises and acts in relation to matters concerning standard form construction contracts, including JCT, NEC and FIDIC. Emma’s experience in commercial contract disputes, property damage and insurance claims means that she is able to address complex issues of technical evidence.

Notable Construction cases

Acted for the project designer in a TCC claim concerning termination disputes in relation to a biomass fired energy plant.

Acted for the Employer in payment disputes (adjudication and TCC) concerning a gas-fired power station.

Acted in an ICSID arbitration brought under UK-UAE BIT concerning real estate investments.

Advised on US$1.05 billion sale of a Power Plant stake and the finance re-structuring matter for an international food and drinks company.

Emma has been instructed in a Court of Protection matter, led by Joseph O’Brien KC, concerning cross-border elements and the definition of “habitual residence”.

Emma is a fully accredited mediator.

Emma can mediate over a range of civil and commercial disputes, using her commercial, insurance, property damage, product liability and employment experience to facilitate and assist the parties involved to focus on the mediation at hand, and consider the broad options available for settling their disputes.

Additionally, Emma has experience of appearing before many mediators.

Significant Cases

The Saudi British Bank v Abengoa S.A. (Commercial Court) [2019-2022]

Emma acted (led by Richard Hanke) for the Claimant in a claim under a number of banking guarantees, valued at over £5m, successfully obtaining summary judgment.

East Fish Processing LLC v (1) Ecolog International FZE (2) Ecolog International CFI 052/2021 (DIFC)

Emma acted as sole counsel for the joint Defendants who were a supplier to the UN, in relation to an alleged breach of contract concerning supply of commercial commodities, and non-payment. The Defendants were successful in both defending the claim and awarded their counterclaim. The Defendants were also successful on appeal.

Grenfell Inquiry

Acted as junior counsel (led by James Maxwell-Scott KC) on the Grenfell Inquiry.

A v B [2021-2022] (DIFC and Commercial Court, London)

Emma acted (led by Rupert Reed KC) successfully in a worldwide freezing injunction obtained in DIFC and England & Wales for approximately US$88million.

Paralel Routs Ltd v Fedotov [2019] EWHC 2656 (Ch)

Emma acted (led by Richard Hanke) for the Defendant in a claim brought to recover GBP26million allegedly due under 17 loan agreements, which were in fact part of a corporate raid by a Russian former business rival.

Privacy Policy

Emma Catia Walker Privacy Policy

My contact details:

ICO Reg No: ZB287680
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

Contact Emma
+44 (0)20 7822 1200
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Save profile
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"very good barrister"

Legal 500 2022

  • Queen Mother Scholarship (Major) – Middle Temple
  • Hong Kong Scholarship (Overseas Placement) – Middle Temple
  • Elected Lifetime Scholar, Jesus College – University of Cambridge
  • Jelf Medal – King’s College London
  • Patricia de Souza – King’s College London

  • BPTC (Very Competent), The City Law School
  • LLM (Commercial Law) (First), University of Cambridge
  • LLB with Transnational Legal Studies (First), King’s College London

  • BSL (level 3)
  • Spanish (intermediary)
  • French (basic)

  • The Honourable Society of Middle Temple
  • LCIA YIAG
  • Young ITA
  • LCLCBA
  • Employed Barristers’ Committee

  • LexisPSL Commercial, ” Restrictive covenants and restraint of trade in commercial contracts” (pending publication);
  • Thomson Reuters Practical Law Arbitration Blog (November 2017 and April 2018);
  • Case Note, Journal of Damages in International Arbitration (Vol 4, No 2, 2017) and Quantum Quarterly (Q4, 2017).

“Emma contributes attention to detail, and the ability to pull together experiences from a number of areas and therefore approach cases with a fresh perspective.”
Legal 500 2024

“very good barrister“
Legal 500 2022

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