Elizabeth Walsh - 4 Stone Buildings

Practice

Elizabeth joined chambers in October 2021 following the successful completion of her pupillage under the supervision of Donald Lilly, Tiran Nersessian, Tom Gentleman and Gregory Denton-Cox. She accepts instructions across the full spectrum of work undertaken by Chambers, including commercial litigation, company law, insolvency, banking & financial services and civil fraud.

She has appeared as sole counsel in both the High Court and County Courts, and is frequently instructed as junior counsel in large-scale commercial litigation. She also assisted on a number of cases during pupillage. Notable examples include:

Company Law: Re Compound Photonics Group Limited[2020] EWHC 3176 (Ch) – the trial of an unfair prejudice petition under s.994 of the Companies Act 2006. As a pupil, Elizabeth assisted Donald Lilly (with Andreas Gledhill Q.C.) on behalf of the majority shareholders in an optical technology company.
Insolvency & Restructuring: Elizabeth 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. The insolvency of these energy supply companies has been the subject of media attention in recent months.
Civil Fraud: Republic of Mozambique v Credit Suisse and ors – as a pupil, Elizabeth assisted Tom Gentleman (led by Andrew Hunter QC and Sharif Shivji QC) in a case involving allegations of bribery and unlawful means conspiracy.
Offshore: Oscar Trustee Limited v MBS Software Solutions Limited – as a pupil, Elizabeth assisted Sharif Shivji QC 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.

Prior to joining Chambers, Elizabeth worked as a paralegal at a commercial litigation firm and volunteered with the Company Insolvency Pro Bono scheme.

Practice areas

Company law

Re Compound Photonics Group Limited[2020] EWHC 3176 (Ch) – the trial of an unfair prejudice petition under s.994 of the Companies Act 2006. As a pupil, Elizabeth assisted Donald Lilly (with Andreas Gledhill Q.C.) on behalf of the majority shareholders in an optical technology company.
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 brought against members of a limited liability partnership (LLP). 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.
Advised (as a pupil, assisting Gregory Denton-Cox) two listed funds that held shares in a number of special purpose vehicles 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

Elizabeth has 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. The declarations, which were made by the High Court under s.123 of the Insolvency Act 1986 and the Energy Acts 2004 and 2011, enabled the regulator OFGEM to take steps to revoke the companies’ energy supply licences and manage the companies’ existing customer base. The insolvency of these energy supply companies has been the subject of media attention in recent months.
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 brought against members of a limited liability partnership (LLP). 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) – 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. As a pupil, Elizabeth assisted Tiran Nersessian (led by Andreas Gledhill QC).
Elizabeth volunteers pro bono with the COIN (Company Insolvency Pro Bono) scheme, providing advice and representation to litigants-in-person at the winding up court.

Commercial dispute resolution

Republic of Mozambique v Credit Suisse and ors – as a pupil, Elizabeth assisted Tom Gentleman (led by Andrew Hunter QC and Sharif Shivji QC) in a case involving allegations of bribery and unlawful means conspiracy.
Elizabeth 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.
Elizabeth 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.
Elizabeth advised Italian counsel 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.
Elizabeth 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.

Fraud – civil

Republic of Mozambique v Credit Suisse and ors – as a pupil, Elizabeth assisted Tom Gentleman (led by Andrew Hunter QC and Sharif Shivji QC) 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 QC 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.

Regulatory

Elizabeth has 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. The declarations, which were made by the High Court under s.123 of the Insolvency Act 1986 and the Energy Acts 2004 and 2011, enabled the regulator OFGEM to take steps to revoke the companies’ energy supply licences and manage the companies’ existing customer base. The insolvency of these energy supply companies has been the subject of media attention in recent months.

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.