Emma Hynes

Areas of expertise

• Construction & engineering
  • Construction & engineering

    Construction & engineering

    Emma was instructed as a leading junior on the Grenfell Tower Inquiry and took evidence in the oral hearings. Her experience from the Grenfell Tower Inquiry has given her an exceptional grasp of the changing landscape of building safety law, and she has been instructed in some of the most prominent and cutting-edge construction cases arising from the Building Safety Act 2022.

    Grenfell Tower Inquiry

    Emma has been instructed on the Grenfell Tower Inquiry since early 2018 and continues to assist Sir Martin Moore-Bick during the report-writing phase.

    Her work for this Inquiry gave her technical specialisms in:

    • 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, installation and regulation; and
    • Accreditation of testing bodies and laboratories.

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    Fire safety

    Emma has developed an exceptional understanding of the Building Regulations and, in particular, issues raised by cladding cases.

    She has excellent knowledge of developing fire-safety legislation, including the Building Safety Act 2022 and its associated regulation, the 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:

    • Acting for the insurers of design professionals in Shepherd Construction Ltd v Kingspan and others, a very high value and complex litigation concerning remediation of defective cladding.
    • Defending cladding subcontractors against a Building Liability Order, following the enactment of the Building Safety Act 2022.
    • Advising a major production company on a play about the Grenfell Tower tragedy.
    • As junior to Paul Reed KC, defending a multi-national engineering firm against very high value claims of negligent explosion suppression design.
    • Acting for a property developer on several claims regarding the Defective Premises Act 1972.
    • Advising a property management company on liability following the closure of a residential high-rise block. Enforcement action threatened under the Regulatory Reform (Fire Safety) Order 2005 was not pursued following Emma’s submissions.
    • 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.
    • 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.
    • 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.
    • Acting for the owner of a vessel following defective dry-dock works.
    • Successfully achieving a favourable settlement for the employer in litigation concerning defective specification and installation of a biomass plant.
    • As 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.
    • Acting for the claimant seeking a substantial stage payment for engineering services in a large development overseas.

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    Emma also acts in the fields of construction insurance, energy and renewables, and construction adjudications and expert determinations.

  • Construction insurance

    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.

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    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.

  • Energy & renewables

    Energy & 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.
  • Adjudication & expert determination

    Adjudication & expert determination

    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.
  • 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.
• Commercial dispute resolution
  • Commercial litigation

    Commercial litigation

    Commercial litigation

    Emma acts in a range of complex commercial disputes. 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.

    She has particular expertise in franchising disputes.

    As well as her traditional commercial litigation practice, Emma has developed a practice in the charities sector, including directors’ and charity trustees’ duties.

    Recent commercial litigation cases include:

    • Acting for the sellers of two care homes in a pricing dispute.
    • Acting 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.
    • Acting for several claimant entities and directors in their claims for breach of fiduciary duty.
    • Advising the commissioner of a work of art of her potential claims, including her rights under the Consumer Rights Act 2015.
  • Commercial arbitration

    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.
  • Franchising

    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 has established herself in lead roles and positions of considerable trust in two of the most high-profile and significant public inquiries in the UK: as counsel to the Grenfell Tower Inquiry, and representing the Cabinet Office and Number 10 on the Covid Inquiry.

  Her extensive involvement in these inquiries has dominated her practice in the past few years.

  Grenfell Tower Inquiry

  Emma started as junior counsel to the Grenfell Tower Inquiry in early 2018, and quickly built a reputation for delivering exceptional work.

  • In 2020-22 she was lead junior for several prominent core participants, including Arconic, the controversial cladding manufacturer.
  • She is one of a handful of juniors asked to take oral evidence.
  • Since the close of oral hearings, Emma has been drafting the Inquiry report, and has advised the Metropolitan Police Service on potential prosecutions.

  Her experience on Grenfell gave her an exceptional understanding of the complex issues concerning cladding works and the new requirements being introduced by the Building Safety Act 2022 and associated regulation. Consequently, she is highly sought after in relation to cladding disputes and disputes concerning all aspects of fire performance and regulation.

  She has also advised a major production company on a play based on the tragedy.

  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.

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

  Emma continues her instruction on the Covid-19 Inquiry, supporting the Cabinet Office and Number 10 to provide evidence on the complex and sensitive topics of procurement and on the Test and Trace programme.

• Charities

  Charities

  Emma is regularly instructed by the Charity Commission. Her work includes:

  • Responding to Camila Batmanghelidjh’s claim for judicial review of the publication of the Charity Commission’s report into the handling of the charity, Kids Company.
  • Representing the Commission at charity trustee disqualification hearings. For example, Emma was successful on all grounds in Ioannou v Commission at first appeal and at a subsequent appeal in the Upper Tribunal.
  • Advising on statutory interpretation of the Charities Act 2011, in particular as applied to persons sanctioned under UK law.
  • 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.
  • Representing the Commission in applications in support of contempt proceedings.
  • Advising the Commission in its statutory powers of compulsion of documents on matters of privilege.
  • Assisting the Commission in responding to charity proceedings permission applications, pursuant to section 115 of the Charities Act 2011.