Home > Our people > Barristers > Emma Hynes
Emma Hynes
  • We take data and privacy issues very seriously. See our privacy policy.

Emma specialises in commercial, construction and professional negligence matters. Within those areas she acts in complex dispute resolution, both as a junior and in her own right. Emma is currently instructed as junior counsel to the Grenfell Tower Inquiry.

Before coming to the Bar, Emma had a successful career in business communications and consultancy 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.

Before changing career, Emma combined her work with fencing at an international level. She represented Australia in five world championships and has won two Commonwealth medals.

Commercial Litigation

Emma acts in a range of complex commercial disputes.

Her business background gives her useful insight into the interests underlying such disputes and the commercial imperatives that drive them.

Recent Work:

  • Insurance and product liability: currently acting in case concerning the purchase of defective products used in the manufacture and onward sale of new products in the oil and gas industry.
  • Supply and sale of goods: acting for a professional sports club regarding purchase of technical equipment and its installation.
  • Data protection: advising on obligations under old data laws and under GDPR.
  • Consumer sales agreements: acting in several trials concerning claims under the Consumer Rights Act 2015.

Franchising

Emma has acted in a number of franchising cases, including appearing in the High Court on short-notice injunctions. She has developed particular expertise with regard to data protection in franchising agreements.

She is currently acting for a franchisor facing claims from a number of franchisees regarding construction of their agreements. Issues include post-termination obligations and the terms of buy-back clauses.

Commercial Arbitration

Emma has extensive knowledge of both domestic and international arbitration.

Recent work includes advising on security for costs in an LCIA arbitration.

 

Private International Law

Emma has expertise in conflicts of laws including jurisdictional disputes and enforcement of judgments.

She successfully applied for a stay of proceedings for a foreign domiciled defendant on the basis of forum non conveniensGarcia v (1) BIH (UK) Ltd (2) Total Gabon SA (3) Sigma Offshore SARL [2017] EWHC 739 (Admlty).

Construction Litigation

Emma has built a strong construction practice at Hardwicke. Her interest in construction stems from working extensively in her previous career with engineers, built environment experts and architects. This experience gives her a firm grasp of technical issues that arise in design and construction and a detailed understanding of how the project team interacts.

Recent Construction Litigation Work:

  • Acting for Employer in a matter concerning defective specification and installation of biomass plant.
  • Drafting letters for an Employer to several defendants following the discovery of a sinkhole in a large residential development.
  • Successfully appearing at trial for an Employer in a claim for defective works.
  • Acting for engineering firm, defending allegations of misrepresentation, professional negligence and copyright infringement.
  • Advising on termination of multi-stage contract for a residential development.

Adjudication

Emma acts regularly in adjudications, for both referring and responding parties. She has recently acted in cases concerning interim payment, final accounts and defects claims.

She has recent experience cases involving asbestos removal and is familiar with the regulatory regime that governs construction activities in this area.

Emma accepts instructions in Hardwicke’s Fixed Fee Adjudication Scheme.

Energy & Renewables

In her previous career, Emma wrote about the energy sector, including publishing guidance on renewable energy. Her L.MM dissertation was on legal issues affecting offshore oil and gas exploration, production and supply.  Since coming to the Bar she has used that knowledge in several cases concerning utilities and renewables.

Examples include:

  • Emma is currently instructed in a case concerning products supplied to construct an offshore platform
  • She advised on conflict of laws issues affecting an offshore installation, and appeared in the successful application to stay the proceedings before the English court: Garcia v (1) BIH (UK) Ltd (2) Total Gabon SA (3) Sigma Offshore SARL [2017] EWHC 739 (Admlty)
  • She is currently acting for the employer in a case of defective biomass plant.

Property Damage

Emma has experience in a range of property damage issues. She is currently instructed to act in a property damage claim following works on a residential property.

She also has experience in matters concerning the Party Wall Act. She recently appeared for Adjoining Owner’s surveyor in appeal; successfully defending allegations of negligence and recovering a substantial costs order.

Costs Litigation

Emma appears in costs matters, most regularly on Solicitors Act assessments. She has also advised on appealing summary assessment of costs following the award of indemnity costs, and has acted in several cases regarding ATE premiums.

She recently appeared in the cases of Green v SGI [2017] EWHC B27 and Hanley v JC&A [2017] EWHC B28 (Costs) on delivery up of solicitor’s files.

She is currently instructed on the appeal of both of these cases.

 

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
Menu