Emma Hynes

Areas of expertise

• Construction & engineering

  Construction & engineering

  Building and fire safety

  Emma has an exceptional understanding of construction disputes, especially those engaging issues of building safety and regulatory compliance. Since acting as a lead junior counsel on the Grenfell Tower Inquiry, she has worked on the cutting edge of building safety law, bringing her expertise in both the technical and legal issues these cases involve.

  Emma also advises MHCLG on the design and implementation of amendments to the Building Safety Act 2022 and other related legislation, especially with regards to construction product manufacturers.

  Emma’s recent building safety cases:

  • A claim for frustration of a lease of a building comprising student accommodation, led by John de Waal KC.
  • Acting for the landlord of a major hotel, in a claim for remediation pursuant to the Regulatory Reform (Fire Safety) Order 2005 and concerning the scope of Fire Risk Appraisals (FRAEW) to the PAS 9980 standard.
  • Acting in a claim against cladding-subcontractors, led by David Pliener KC.
  • Acting for the insurers of architects in Shepherd Construction Ltd v Kingspan and others, a very high-value and complex litigation concerning remediation of defective cladding.
  • Defending subcontractors against a Building Liability Order.
  • Acting for a property management company threatened with enforcement action under the Regulatory Reform (Fire Safety) Order 2005.  Following Emma’s submissions, regulatory action was not pursued.
  • Advising the National Theatre on a play, Grenfell: In the Words of Survivors.

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  Utilities

  Emma has considerable expertise in all aspects of supply and metering of utilities.

  • Gas: At the Grenfell Tower Inquiry, Emma was responsible for all of the gas-related issues and evidence, in both Phase 1 (the role gas played in the fire) and Phase 2 (the design and installation of the gas supply at the Tower). She has detailed knowledge of domestic gas regulation.
  • She has advised a company on its 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.
  • Electricity: Emma has acted on numerous occasions for an electricity supplier, dealing with claims regarding supply, metering and contractual arrangements. Emma has particular familiarity with the Electricity Act 1989, including the Electricity Code.
  • Water: Emma advises as to the supply of water pursuant to applicable legislation, regulations and codes.

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  General construction and technology

  Emma has a mainstream construction litigation practice. Recent cases include:

  • Defending a multi-national engineering firm, led by Paul Reed KC, against very high value claims of negligent explosion suppression design. (Volac International v IEP Technologies [2025] EWHC 1490 (TCC))
  • Achieving a favourable settlement for an engineering company, against whom defective design was alleged in respect of train ball bearings. Emma was led by David Pliener KC.
  • Acting for a claimant in a matter turning on the proper standard to be achieved for the Lifting Operations and Lifting Equipment Regulations (LOLER) 1998.
  • Successfully representing the owner of a vessel following defective dry-dock works.

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  Commercial litigation

  Emma is instructed in a range of complex commercial disputes.

  Before coming to the bar she had a successful career in business communications, working for organisations as diverse as Serco, The Carbon Trust, and Microsoft. This experience gives her exceptional insight into the interests and commercial drivers underlying such disputes.

  Emma’s recent cases include:

  • Acting for 62 claimants in a substantial Commercial Court claim, engaging complex issues of the Commercial Agents Regulations 1993, the “Braganza” exercise of contractual discretion, alleged breaches of good faith duties, and fines, alleged to amount to contractual penalties. Emma is led by David Lewis KC.
  • Achieving a favourable settlement for a franchisee in a construction-related franchise. The franchisee alleged that it could not continue to operate the franchise for risk of breaching regulation The matter engaged misrepresentation, breach and termination issues.
  • Acting for a franchisor defending claims which include fraudulent and negligent misrepresentation, deceit and unlawful means conspiracy.

  Emma’s charity law practice gives her particular insight into charitable companies, director/trustee duties, charity proceedings and charitable accounts, filing and reporting.

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  Construction Insurance

  Emma advises on coverage issues arising in construction matters. She acts for insurers engaged in construction disputes, recently advising on issues pertaining to very significant litigation with multiple coverage layers.

  She has also acted as junior to Paul Reed KC:

  • Advising on coverage issues with regards to a development constructed on ground with sinkholes.
  • Advising on coverage issues in a matter of 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, 2022, Construction All Risks Insurance, Sweet and Maxwell 2021 and Insurance Broking Practice and Law, edited by CMS Cameron McKenna, Informa, Looseleaf.

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  Energy and Renewables

  Emma has particular expertise in the energy and renewables sector. In her previous career, Emma wrote extensively about the sector, publishing guidance on environmental technology and renewables.

  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 was responsible for all of the gas-related issues and evidence, in both phase one (the role gas played in the fire) and phase 2 (the design and installation of the gas supply at the Tower). She took evidence from the gas transporter in the oral hearings.
  • 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.
  • Acting for an electricity supplier, dealing with claims regarding supply, metering and contractual arrangements. Emma has particular familiarity with the Electricity Act 1989, including the Electricity Code.
  • As junior to David Lewis KC, acting in an arbitration concerning a joint venture for the exploration and exploitation of petroleum.
  • As junior to Paul Reed KC, acting in litigation for the manufacturer of products for an offshore platform, on a matter concerning the sale of defective materials.

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  Adjudication

  Emma acts regularly in adjudications and expert determinations.

  Recent cases include:

  • As junior to Brie Stevens-Hoare KC, acting for a purchaser of a portfolio of residential tower blocks. Emma’s client alleged non-compliance with the fire requirements of the Building Regulations. Emma advised on the suitability of expert determination, terms of appointment and strategy for the conduct of the process.
  • Acting in a high-value adjudication based in Ireland, which included a multi-day hearing, focusing on issues of delay and quantum.
  • Acting for a contractor in a claim regarding asbestos removal works.
  • Regularly acting in adjudications involving:
    • Payments based on notices;
    • Final accounts.

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  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.
• Commercial Dispute Resolution

  Commercial Dispute Resolution

  Emma is instructed in a range of complex commercial disputes.

  Before coming to the bar she had a successful career in business communications, working for organisations as diverse as Serco, The Carbon Trust, and Microsoft. This experience gives her exceptional insight into the interests and commercial drivers underlying such disputes.

  Emma’s recent cases include:

  • Acting for 62 claimants in a substantial Commercial Court claim, engaging complex issues of the Commercial Agents Regulations 1993, the “Braganza” exercise of contractual discretion, alleged breaches of good faith duties, and fines, alleged to amount to contractual penalties. Emma is led by David Lewis KC.
  • Achieving a favourable settlement for a franchisee in a construction-related franchise. The franchisee alleged that it could not continue to operate the franchise for risk of breaching regulation The matter engaged misrepresentation, breach and termination issues.
  • Acting for a franchisor defending claims which include fraudulent and negligent misrepresentation, deceit and unlawful means conspiracy.

  Emma’s charity law practice gives her particular insight into charitable companies, director/trustee duties, charity proceedings and charitable accounts, filing and reporting.

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  Commercial Arbitration

  Emma has extensive knowledge of both domestic and international arbitration.

  Recent cases include:

  • As junior to David Lewis KC, acting in a high-value arbitration concerning payment of cash calls in an international joint venture agreement.
  • Advising on security for costs in an LCIA arbitration.
  • Acting in a dispute about the purchase of a large portfolio of property.

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  Franchising

  Emma’s commercial practice is especially focused on franchising and she is regularly instructed to appear in court in injunctions, interim applications, and at trial in these legally complex and evidentially challenging disputes.

  Recent cases include:

  • Acting for a franchisee in a construction-related franchise, concerning issues of breach and termination.
  • Acting for a franchisor defending claims which include fraudulent and negligent misrepresentation, deceit and unlawful means conspiracy.
  • Advising a franchisor as to injuncting a franchisee operating under a new name. The matter engaged issues of collateral contracts, novation, variation and breach.
  • Successfully resisting an application to amend by a claimant, on behalf of a very large franchisor. This matter ended the claim with the claimant paying substantial costs.
  • Acting for a franchisee facing claims of fraudulent misrepresentation from several claimants.
  • Acting for a 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.

   

• Inquiries and inquests

  Inquiries and inquests

  Emma is ranked in the Legal 500 for Inquiries. She has taken lead roles and positions of considerable trust in two of the most high-profile and significant public inquiries in the UK: the Grenfell Tower Inquiry, and at the Covid Inquiry. She is appointed as counsel in the non-statutory review into PFI contracting at the Chalcots Estate in Camden.

  Grenfell Tower Inquiry

  Emma was appointed as counsel to the Grenfell Tower Inquiry in January 2018, and quickly built a reputation for delivering exceptional work.

  • In 2020-22 she was lead junior on issues concerning several prominent core participants, including Arconic, the controversial cladding manufacturer.
  • She was one of a handful of juniors asked to take oral evidence.
  • After the close of oral hearings, Emma had a key role in drafting the Grenfell Tower Inquiry report, and she has advised the Metropolitan Police Service on potential prosecutions.

  Covid-19 Inquiry

  In October 2022, Emma joined the Covid-19 Inquiry, representing the Cabinet Office and Number 10. She quickly became a trusted junior, working with some of the Inquiry’s most prominent witnesses.

  Owing to her professional knowledge and interpersonal skills, she was appointed to work intensively with a high-profile witness, helping them give their evidence of decision-making during some of the most well-publicised and controversial events of the pandemic.

  Emma supported the Cabinet Office and Number 10 to provide evidence on the following complex and sensitive topics:

  • Module 2 – Core decision-making and political governance.
  • Module 5 – Procurement.
  • Module 8 – Children and Young People.
  • Module 9 – Economic Response.

  Chalcots Estate Independent Review

  Emma is lead counsel to this non-statutory review, chaired by Bart Kavanagh, and  instructed by the London Borough of Camden. This examines crucial issues:

  • How and why combustible cladding products were specified on the Chalcots Estate.
  • The responsibilities of the council during the PFI contract period, and the discharge of that responsibility.
  • Compliance with regulations.
• Charities

  Charities

  Emma has a particular interest in charity law and is regularly instructed by the Charity Commission. Her work includes:

  • Judicial Review of the Charity Commission’s report into the Kids Company, brought by the representatives of (the late) Camila Batmanghelidjh: R (Kerman) v The Charity Commission [2025] EWHC 1223 (Admin).
  • Trustee disqualification proceedings:
    • Mond v The Charity Commission [2025] UKFTT 103 (GRC): an important case on the balance to be struck between a trustee’s right to freedom of expression on social media and the regulator’s role in protecting public trust in charities.
    • Ioannou v The Charity Commission [2023] UKFTT 306 (GRC): Emma was successful on all grounds in this disqualification, in both the First Tier Tribunal and on appeal in the Upper Tier Tribunal.
  • Charity Commission decisions:
    • Successfully defending appeals against Commission decisions as to registrations: Centore v The Charity Commission [2026] UKFTT 77 (GRC); Rankine v The Charity Commission [2025] UKFTT 387 (GRC); Ukraine Development Charity v The Charity Commission [2025] UKFTT 263 (GRC).
    • Striking out of a claim for judicial review of the Commission’s decision to order disclosure pursuant to its statutory powers, in proceedings related to the inquiry into the Big Help Foundation.
    • Successfully resisting an appeal on matters regarding the Freedom of Information Act 2000 on behalf of the Commission: Cooke v The Information Commissioner and The Charity Commission [2023] UKFTT 1036 (GRC).
    • Assisting the Commission in responding to charity proceedings permission applications, pursuant to section 115 of the Charities Act 2011.
  • Advisory
    • Advising the Commission as to the statutory powers available and the practical risks and issues engaged with online filing of charitable accounts.
    • Advising on statutory interpretation of the Charities Act 2011 with regards to persons sanctioned under UK law.

  Emma also represents charities and trustees engaged in litigation or facing regulatory action.