Elizabeth Walsh

Call 2020

Overview

Elizabeth has a commercial and commercial-chancery practice spanning the full range of Chambers’ practice areas, including commercial litigation, arbitration, banking & financial services, company law, insolvency law, civil fraud, and civil recovery under the Proceeds of Crime Act 2002.

Areas of expertise

Company Law
- Assisted Jonathan Crow K.C. (with David Caplan, One Essex Court) in advising on the merits of a claim relating to alleged breach of directors’ duties as a matter of both English and Turkish Company Law.
- Re Compound Photonics Group Limited [2020] EWHC 3176 (Ch) – as a pupil, Elizabeth assisted Donald Lilly (with Andreas Gledhill Q.C., Blackstone Chambers) in the trial of an unfair prejudice petition under s.994 of the Companies Act 2006 on behalf of the majority shareholders in an optical technology company.
- Acted as second junior to Sharif Shivji K.C. and Albert Sampson in a DIAC Arbitration concerning a partnership dispute.
- Acted as junior to Alastair Tomson in an LCIA arbitration concerning an unfair prejudice petition under s.994 of the Companies Act 2006.
- Assisted Tom Gentleman with amending a draft unfair prejudice petition under s.994 of the Companies Act 2006.
- Advised (as a pupil, assisting Gregory Denton-Cox) two listed funds that held shares in a number of SPVs as to whether contractual restrictions on transfer of the SPVs would also apply to a sale of the shareholders by their parent company. Elizabeth helped advise on the risks of such a sale giving rise to claims for breach of the shareholders agreements, unfair prejudice pursuant to s.994 of the Companies Act 2006, and other potential actions.
- Advised (as a pupil, assisting Tom Gentleman) as to whether a board resolution purporting to remove a director was valid under s.168 Companies Act 2006 and/or the company’s articles of association.
Insolvency & Restructuring
- Acted as junior counsel to Lara Hassell-Hart in a string of successful Part 8 claims brought by the Gas and Electricity Markets Authority for urgent declarations of corporate insolvency in respect of energy supply companies under s.123 of the Insolvency Act 1986 and the Energy Acts 2004 and 2011. The High Court declarations enabled the regulator, OFGEM, to take steps to revoke the companies’ energy supply licences and manage the companies’ existing customer bases, and attracted significant media attention at the time.
- Secretary of State for BEIS v Geoghegan (Re Bell Pottinger LLP) [2021] EWHC 672 (Ch); [2021] B.C.C. 675 – as a pupil, Elizabeth assisted Tiran Nersessian on behalf of the Secretary of State to successfully resist an application to strike-out disqualification proceedings. The application concerned the extent to which the Company Directors Disqualification Act 1986 (CDDA) applies to LLPs pursuant to the LLP Regulations 2001, and whether a member of an LLP has to be concerned in its “management” for the CDDA to apply.
- Darty Holdings SAS v Carton-Kelly [2021] EWHC 1018 (Ch) – as a pupil, Elizabeth assisted Tiran Nersessian (led by Andreas Gledhill Q.C., Blackstone Chambers) in an application to strike out a preference claim brought under s.239 Insolvency Act 1986, on the basis that the preferential payment post-dated the transaction which severed the connection between the parties.
- Elizabeth is regularly instructed to appear in the winding up list in the Business and Property Courts on behalf of debtors, creditors or supporting creditors, including in recission applications.
- Other recent corporate insolvency work has involved: providing advice and representation in applications to wind up on the just and equitable basis; drafting a successful appeal of a liquidator’s rejection of a Proof of Debt under rule 14.8 of the Insolvency (England and Wales) Rules 2016; advising on a proposed solvent liquidation under a members’ voluntary liquidation (MVL); and advising (as sole counsel) on a series of alleged transactions at an undervalue under s.238 of the Insolvency Act 1986, preference payments under s.239 of the Insolvency Act 1986 and the implications of winding up the company.
- Elizabeth is also frequently instructed to advise on matters of personal insolvency and to attend hearings in the Bankruptcy Court. On all occasions where Elizabeth has represented the Debtor at the final hearing of a bankruptcy petition (including in one instance where the petition was brought on the basis of a personal guarantee) the petitions have been dismissed in favour of the Debtor.
- She also volunteers pro bono with the COIN (Company Insolvency) scheme run by City, University of London, providing advice and representation to litigants-in-person at the winding up court.
Commercial Dispute Resolution
- Park v Hadi [2022] EWCA Civ 581; [2002] 4 W.L.R. 51 – acted as junior counsel to George Bompas Q.C. in the Court of Appeal in an appeal concerning the correct procedure for applications for relief from sanctions and the courts’ approach thereto.
- Acted as junior counsel (led by Nicholas Cox) for the Department for Health and Social Care (“DHSC”) in providing advice on merits and draft Particulars of Claim for a potential claim for breach of contract and breach of Heads of Terms.
- Appeared as sole counsel in the High Court at the hearing of two interim applications in a contractual case brought by an investment fund in Singapore against a UK-based start-up company for claims of misrepresentation and breach of contract.
- Appeared as sole counsel in successfully resisting an application for strike-out and summary judgment in the County Court in a claim for breach of contract and breach of guarantee in relation to unpaid invoices.
- Advised Italian lawyers’ as to the governing law of a commercial contract with reference to the conflict of laws provisions under the Rome I Regulation, and provided practical advice as to the consequences of terminating the contract.
- Settled pleadings in a case of breach of contract on behalf of a clothing brand which services customers across Europe. The case involved issues such as hidden fees and miscalculation of duty charges and tax.
- Provided advice on the merits of a claim under the Consumer Rights Act 2015 (“CRA”) as well as a claim for damages at common law, and drafted a letter before action.
- Successfully representing (as sole counsel) Santander at the trials of numerous claims alleging unfair relationships between creditor and debtor under s.140A of the Consumer Credit Act 1974 (“CCA”) in relation to allegedly mis-sold payment protection insurance (“PPI”) and the non-disclosure of commission. Elizabeth has garnered extensive experience of cross-examination at these trials.
Fraud: Civil
- Acted as second junior to Sharif Shivji KC and Albert Sampson in a DIAC Arbitration concerning a partnership dispute.
- Republic of Mozambique v Credit Suisse and ors – as a pupil, Elizabeth assisted Tom Gentleman (led by Andrew Hunter Q.C, Blackstone Chambers and Sharif Shivji Q.C.) in a case involving allegations of bribery and unlawful means conspiracy.
- As a pupil, Elizabeth assisted with a complex claim brought on behalf of the liquidator of a company established and registered in the DIFC for unlawful means conspiracy, fraudulent breach of directors’ duties, dishonest assistance and knowing receipt.
Offshore Litigation
- Oscar Trustee Limited v MBS Software Solutions Limited – as a pupil, Elizabeth assisted Sharif Shivji Q.C. in successfully defending an application for summary judgment and applying for a stay of the proceedings in the BVI in favour of the courts of Hong Kong on the grounds of forum non conveniens. The proceedings concerned a claim for payment under an equity derivative executed pursuant to the ISDA Master Agreement, where the underlying equity stake arose out of mining interests on the Turkish-Syrian border.
- As a pupil, Elizabeth assisted with a complex claim brought on behalf of the liquidator of a company established and registered in the DIFC for unlawful means conspiracy, fraudulent breach of directors’ duties, dishonest assistance and knowing receipt.
- Elizabeth advised (as a pupil, assisting Donald Lilly) as to whether a suite of contracts between a number of Bermudan entities survived the insolvency of some of those entities, as well as on jurisdiction.
Banking & Finance
- As a pupil, Elizabeth assisted Tom Gentleman in a claim against a bank relating to the alleged legal assignment of an overdraft debt to a professional debt-collection company pursuant to s.136 of the Law of Property Act 1925. The case also gave rise to issues of limitation particular to the repayment of unsecured overdrafts in modern banking practice.
Arbitration
- Acted as second junior to Sharif Shivji KC and Albert Sampson in a DIAC Arbitration concerning a partnership dispute.
- Acted as junior to Alastair Tomson in an LCIA arbitration concerning an unfair prejudice petition under s.994 Companies Act 2006.
- Assisted John Brisby K.C. and Karl Anderson with research on the principle of res judicata and the law of evidence in arbitration.
POCA Work & Asset Forfeiture
- Acted as junior counsel (led by Alex Cook K.C.) for Her Majesty’s Revenue & Customs (“HMRC”) in relation to a Disclosure Order (DO) and a Property Freezing Order (PFO).
- Elizabeth has appeared at the Magistrates Court in relation to cash forfeiture proceedings under ss.298-300 of the Proceeds of Crime Act 2002 (“POCA”).
- Elizabeth undertook a three-month secondment at the National Crime Agency (“NCA”). She successfully obtained DOs, PFOs and an account freezing order (AFO).

Other information

Career & Appointments
- COMBAR
- ChBA
- ConTrA
Education & Awards
- BA (History), Clare College, University of Cambridge (First Class)
- GDL, City Law School
- BPTC, City Law School
- Astbury Scholarship, Middle Temple (2017)
- Blackstone Entrance Exhibition, Middle Temple (2017)
- Queen Mother Scholarship, Middle Temple (2018)
- Hardwicke Entrance Exhibition, Middle Temple (2018)
- Finalist and Runner-Up, Rosamund Smith Mooting Competition, Middle Temple (2019)
Publications
- Litigation in the Time of Covid-19, the 4 Stone Buildings’ E-Book