Sarah Walker

2013

Selborne Chambers
10 Essex Street
London WC2R 3AA
Email Sarah Walker
020 7420 9500

Save as PDF | Download vCard

Sarah is a barrister with nearly 5 years’ experience.  She is in high demand, with clients valuing her tenacious advocacy style as well as her responsive and commercial approach to advisory work.  She appears regularly in the High Court, County Courts and First Tier Tribunal (Property Chamber) both in her own right and led by more senior barristers, including Romie Tager QC, Stuart Hornett and Justin Kitson.

Sarah’s areas of expertise include:

Commercial: Sarah undertakes work in all aspects of commercial litigation including matters involving the sale of goods and transfer of title, the supply of services and the proper construction and effect of contractual terms and conditions. Recently, Sarah has been led by Romie Tager QC in committal proceedings arising out of a civil fraud and misrepresentation claim and by Stuart Hornett in a 3-week trial arising out of a partnership dispute and unfair prejudice petition involving with approximately £30 million of assets [Badyal v Badyal [2018] EWHC 68(Ch)].

Sarah’s clients include well-known companies such as the Richemont Group and the Kennel Club as well as small businesses and individuals.  Her current and recent instructions as sole counsel include:

  • Advising on a claim arising out of the theft of more than £100,000 worth of garments. The matter included consideration of the Convention on the Contract for the International Carriage of Goods by Road as well as breach of contract and bailment.
  • Preparing a claim against a well-known jazz musician for breach of contract and restitution in relation to an international concert.
  • A trial arising out of damage to a vintage Jaguar car. By careful cross-examination of the expert in the case, Sarah was able to ensure that the client beat the Part 36 offers that had been made.
  • A misrepresentation, breach of contract and tracing claim arising out of an investment of nearly £700,000 in a property development project.

Insolvency: Sarah’s practice covers both corporate and individual insolvency matters.  She appears as an advocate on behalf of debtors and creditors. Recently, she has successfully represented a number of companies seeking validation orders in the High Court and was involved an appeal to the High Court under the new rules for voluntary bankruptcy applications.

Landlord and Tenant: Sarah represents and advises landlords, tenants and lenders in relation to residential and commercial properties.  She is regularly instructed on possession and forfeiture matters as well as disrepair claims, service charge disputes and 1954 Act lease renewals.

Current and recent instructions include:

  • Advising a lender on the effect of the Crown’s disclaimer of the leasehold interest, against which its charge is secured.
  • Possession proceedings in relation to a Rent Act tenancy.
  • Proceedings brought by a leaseholder arising out of a failure to convey the garage associated with the relevant lease. The multi-party claim includes issues relating to proprietary estoppel and attornment as well as relief from forfeiture pursuant to the High Court’s inherent jurisdiction.

Real Property: Sarah undertakes work on real property matters in areas including co-ownership disputes, boundary disputes, easements (particularly rights of way and rights to light) and adverse possession.  Sarah’s clients include Thames Water, local authorities as well as individuals.

She is currently instructed (with Justin Kitson) in relation to a long-running family dispute in regarding the ownership of a valuable South London property.  They successfully obtained permission for a second appeal to the Court of Appeal on a number of issues arising out of an application for security for costs.  However, following further developments in the litigation, Sarah and Justin were able to obtain a judgment in favour of the client and avoid the costs of a full trial.

Other recent cases include:

  • A claim in nuisance and trespass between neighbours. Sarah successfully obtained an injunction for the removal over a lane for access to her client’s property.  The trial is listed for later this year.
  • Proceedings in the First-Tier Property Tribunal on the issue of whether mixed use premises have the protection of the Landlord and Tenant Act 1985. In particular, whether the relevant property is a “dwelling” within the meaning of the Act.
  • Proceedings in the High Court between several family members relating to the beneficial ownership of a property.

Professional Negligence: Sarah acts for and advises claimants and defendants in professional negligence claims particularly in relation to legal and accounting practices.  Sarah was instructed and pleaded a claim, brought by the intended beneficiary of a will, against solicitors for negligently failing to follow up on a draft will sent to the elderly client.  The matter has recently settled on favourable terms for the client.  Other matters include:

  • Advising on a potential claim against a local authority following its failure to remove tenants from a property.
  • A claim against a firm of solicitors for negligently drafting a sale agreement, conditional on planning.

Please see Sarah’s Privacy Notice here.

Notable cases

Badyal v Badyal [2018] EWHC 68(Ch)

Appeared for the Second Defendant (led by Stuart Hornett) in a claim arising out of a partnership dispute and petition under s.994 of the CA 2006.  The case involved serious allegations and counter-allegations of fraud, breaches of director’s duties and setting up competing businesses.  Sarah and Stuart were successful on all the above points, resisted the petition under s.994 CA 2006 and established that many UK and Indian companies assets worth £30 million+ were partnership property or held on trust.  The Court awarded the Second Defendant indemnity costs of the action.

 Chuku v Chuku (2017-18) CLCL/Ch/CA

Successfully obtained permission to appeal on two important points relating to security for costs (led by Justin Kitson on a direct access basis).  The appeal hearing before the Court of Appeal was vacated because Sarah and Justin were able to obtain a favourable judgment for the client on the substantive dispute, without having to go to full trial.

Al-Nesnas v Al-Najar and others (2017) Ch

Acted for the Claimant (led by Romie Tager QC) in committal proceedings arising out of a claim for civil fraud and breach of contract and following a successful application for a freezing order.  The committal proceedings were settled prior to the full hearing.  Sarah has continued to be involved in various satellite issues relating to the beneficial interests held in various properties related to the Defendants.

 Re: Ferretti (2016) Ch.

Sarah acted for a world-renowned hair stylist (led by Romie Tager QC and Stuart Hornett) in a complex shareholder/company dispute involving injunctive and interim relief before settlement was achieved.

 

Memberships

Chancery Bar Association
Property Bar Association

Education

  • BA (Hons) (First Class), Warwick University
  • GDL, City University (Commendation)
  • BPTC, BPP (Very Competent)
  • Lord Haldane, Lord Denning, Hubert Greenland and Hardwicke scholarships, Lincoln’s Inn