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Emma Healiss was called to the Bar in 2014 and became a tenant at Keating Chambers following the successful completion of her pupillage in 2016.
Emma has developed a busy and broad practice in line with Chambers’ profile, with a particular focus on construction and engineering, professional negligence, utilities, procurement, insurance and insolvency.
Emma has acted as both sole and junior counsel in the High Court and County Court TCC, and has gained experience of various forms of alternative dispute resolution, including arbitration, adjudication and mediation. In addition, Emma regularly advises in her own right and has worked on cases involving a variety of standard form contracts including the JCT, NEC, IChemE and RIBA forms of appointment, as well as bespoke construction contracts, PFI/PPP and turnkey agreements.
Recent highlights of Emma’s experience include:
- Acting (as sole counsel) in High Court, London TCC proceedings concerning a substantial final account dispute.
- Acting (as sole counsel) in adjudication proceedings concerning substantial defects in a large residential property.
- Acting (as junior counsel) in a dispute concerning the construction and operation of an energy-from-waste plant.
- Acting (as junior counsel) in arbitration proceedings concerning the construction of a skyscraper in the UAE.
Emma is a contributor to the Keating on Construction Contracts supplement and the Practical Law Construction Blog. Before coming to the Bar, Emma provided assistance in the County Court and Family Court to a number of clients for the Personal Support Unit. Emma continues to represent clients referred by the Bar Pro Bono Unit.
- Case Management Conference (High Court, London TCC) Emma appeared on behalf of the Defendant and obtained an order for disclosure of a costs budget from the Claimant, a litigant-in-person represented on a direct access basis.
- Final Hearing (Willesden County Court) Emma successfully defended and counterclaimed on behalf of a homeowner in a construction dispute with a neighbour. The dispute concerned the existence and potential breach of implied contractual terms.
- Application for an injunction (Central London County Court) Emma appeared on behalf of the applicant and successfully obtained an injunction and an amendment of an order for sale of a property.
- Application to set aside default judgment (Chelmsford County Court) Emma appeared on behalf of the Defendant in a contractual construction dispute and obtained an order to set aside default judgment.
- Application for a vesting order (Companies Court) Emma successfully obtained a vesting order in relation to the assets of a company in liquidation.
- Case Management Conference (Central London County Court) Emma appeared on behalf of a local authority in a contractual debt claim.
- Case Management Conference (Wandsworth County Court) Emma successfully obtained a contested order for re-allocation of proceedings to the multi-track, transfer to the TCC and associated case management directions.
Emma has recently:
- Drafted Particulars of Claim in a final account dispute on behalf of a scaffolding contractor. The dispute concerned payment of the balance of the contract price and payment for various contractual variations.
- Drafted Particulars of Claim in a breach of contract/unjust enrichment claim on behalf of homeowners against a contractor who abandoned conversion works at their property prior to practical completion.
- Drafted a Defence to a Part 20 Claim on behalf of a flooring specialist. The dispute concerned the existence and extent of duty of care to prevent pure economic loss.
- Provided non-contentious advice on the terms of a NEC3 contract for the provision of electrical services in a hospital.
- Assisted in a dispute concerning the scope of a contractor’s obligations under a PFI contract in providing flood defence services.
- Assisted with drafting a Part 18 Request for Further Information in a claim concerning a defective opening mechanism in marina lock gates.
- Assisted in advising a transport authority in a claim against service and utilities providers for damage to a sub-surface bridge.
- Advised a purchaser of property in a claim against an approved building control inspector in negligence and under the Defective Premises Act 1972.
- Assisted with drafting a Defence on behalf of an architect in a claim regarding defects in a home extension. The dispute concerned the scope of the architect’s obligations and whether the defects were design or workmanship issues.
- Assisted in a claim against an architect and a design and build contractor in a negligence claim relating to the design and construction of external paving.
- Assisted in a claim relating to the defective design and construction of an offshore windfarm that also raised issues regarding latent damage and the Limitation Act 1980.
- Drafted the Response, Rejoinder, and Response to Surrejoinder in adjudication proceedings concerning a final account valuation and claims of incomplete and defective groundworks.
- Assisted with drafting a Referral in an adjudication concerning a payment dispute arising out of a contract for the design, construction, commissioning and testing of an energy-from-waste plant.
- Assisted with drafting a skeleton argument for a court hearing seeking to enforce an adjudicator’s decision.
- Assisted in a case regarding resisting enforcement of an adjudicator’s decision via concurrent Part 8 proceedings.
- Assisted in an adjudication regarding the payment provisions of the Housing Grants, Construction and Regeneration Act 1996 and the incorporation of a contractual programme.
- Assisted in advising a supplier of power lines on the scope of “construction operations” under the Housing Grants, Construction and Regeneration Act 1996.
- Assisted with drafting a Particulars of Claim on behalf of a major insurer against a contractor that failed in its obligations to rectify defects under an insurance policy. This claim raised various issues under the Limitation Act 1980.
- Assisted with drafting a Defence in a claim brought by a homeowner against an insurer for an alleged failure to remedy defects in a property as required by the terms of the insurance policy.
- Assisted with advising on a claim against an insurer under the Third Parties (Rights against Insurers) Act 1930 relating to demolition and asbestos removal works.
- Assisted in a case regarding an automatic suspension under Regulation 47H.
- Assisted in a case regarding the scope of the definition of “contracting authority” under Regulation 3(1)(w).
- Acted (as junior to Sarah Hannaford QC) for a NHS Trust in a claim concerning termination of a contract and non-payment of invoices on the basis of alleged breaches of contract.
- Advised on the prospects of successfully pursuing a winding-up petition in the case of a potentially disputed debt.
- Drafted a Particulars of Claim on behalf of a major contractor who had overpaid an employee following the termination of the employee’s employment.
- Drafted a Particulars of Claim in a claim relating to a partner’s entitlement to a profit share following retirement from the partnership.