Sarah
Walker

Sarah has considerable experience in disputes between and within companies and other business entities involving breaches of contract and civil fraud and asset recovery as well as the construction and enforcement of complex contractual agreements, warranties and guarantees.

Her current and recent instructions include:

• Acting for the Defendants (led by Nicholas Trompeter KC) in an LCIA Arbitration arising out of a multi-million euro investment in crypto-currency.
• Acting for a prop-tech startup in relation to a c. €500,000 debt said to arise in relation to the assignment of a software development contract. The matter included consideration of the necessary contractual requirements for a valid assignment and allegations of economic duress.
• Advising in relation to possible breach of warranty claims arising out of a multi-million pound purchase of a care home business.
• Advising in relation to an indemnity under an assignment agreement in a complex situation involving a multi-million pound fraud and both civil and criminal proceedings.
• Advising on the construction and enforceability of a personal guarantee given by directors of a company, said to give rise to a c.£1million liability.

Sarah has considerable experience bringing and defending claims including allegations of dishonesty.  She has been involved in cases alleging “sham” documents as well as cases involving professional negligence claims involving mortgage/identity fraud, vintage car fraud and property investment project fraud.

Recent and notable cases include:

• Committal proceedings, led by Romie Tager KC, arising out of a civil fraud and misrepresentation claim involving a multi-million pound property investment scheme.
• Acting as sole Counsel in relation to a fraudulent and negligent misrepresentation, breach of contract and tracing claim arising out of an investment of nearly £700,000 in a property development project.
• Acting for two of approximately 15 proposed defendants in relation to an alleged multi-million pound international vintage car fraud, led by Justin Kitson. The matter included a one-day hearing to determine whether the claimant was entitled to resurrect proceedings in the High Court, following an election to pursue the matter in New York.
• Providing advice regarding an indemnity under an assignment agreement in a complex situation involving a multi-million pound fraud and both civil and criminal proceedings.

Sarah has acted for and advised clients in connection with various company and partnership matters including unfair prejudice applications and just and equitable winding up. In addition, through her work on the A-G’s Panel of Counsel, Sarah has developed a specialism in directors disqualification (which proceedings frequently involve consideration of the scope and extent of directors’ duties).

Recent and notable cases include:

• Advising 2 shareholders in a British vineyard on a potential unfair prejudice petition and/or remedies in respect of breaches of director duties
• Acting for a German bank (led by Stuart Hornett) in a complex s.994 petition and breach of warranty claim relating to its investment in a start-up technology company which culminated in a c.3-week trial. The case settled whilst waiting for judgment.
• Defending a claim arising out of a partnership dispute and unfair prejudice petition involving approximately £30 million of assets, led by Stuart Hornett [Badyal v Badyal [2018] EWHC 68(Ch)]. Stuart and Sarah were also successful on appeal [Re: Paramount Powders (UK) Ltd [2019] EWCA Civ 1644].

Sarah’s practice covers both corporate and individual insolvency matters. Many of the commercial and property cases she has been involved in have included an insolvency element.  However, she also appears as an advocate on behalf of debtors and creditors in pure insolvency proceedings.

Sarah is regularly instructed in the following matters:

• Directors’ disqualification proceedings.
• Public interest winding-up petitions.
• Contested winding-up and bankruptcy petitions.
• Applications to annul a bankruptcy order or to rescind a winding-up order.
• Injunctions to restrain presentation or advertisement of winding-up petitions.

Sarah is recognised as a leading junior in Property Litigation in Legal 500. She has experience in all key property areas including co-ownership disputes, boundary disputes, easements and adverse possession. She also 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:

• Acting for the Leadmill Ltd (led by Nicholas Trompeter KC and Tom Hickman KC) in the highly publicised 1954 Act lease renewal see  The Leadmill: Hearing over future of Sheffield music venue adjourned – BBC News
• A co-ownership and partnership dispute arising out of the breakdown of a romantic relationship.
• Acting for the purchaser of a prestigious country home to obtain possession against common law tenants, renting for below the AST threshold. This was reported in the Daily Mail –  Defiant Evelyn Waugh superfans are STILL living in the literary giant’s £3M Cotswold home | Daily Mail Online
• A family dispute in the High Court over the ownership of two valuable property development plots, involving common intention constructive trusts, resulting trusts and proprietary estoppel as well as allegations of forgery. The matter culminated in a 6-day trial in 2020, where Sarah obtained a favourable judgment and costs award for her clients [Bulled v Petrie [2020] EWHC 2485 (Ch)].
• Acting for a bridging company in relation to possession proceedings to recover a circa. £1million loan and defending a counterclaim from the borrower on the basis of an unfair relationship.

Sarah acts for and advises claimants and defendants in professional negligence claims particularly in relation to legal, conveyancing and accounting practices.

Sarah’s cases include:

• Acting for the intended beneficiary of a will in a claim against solicitors for negligently failing to follow up on a draft will sent to the elderly client.
• 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.
• Acting for a protected party in a professional negligence claim for failing to obtain effective contamination insurance in respect of a property purchase.

Sarah’s property practice regularly includes consideration of probate and administration matters.  She has experience in dealing with claims for family provision under the 1975 Act and incapacity as well as dealing with breach of trust and tracing claims in asset recovery.

Recent cases include:

• Advising and acting for a husband in a claim for reasonable financial provision from his separated wife’s estate.
• Acting for the executors in a contentious probate matter contesting the validity of a will on the basis of lack of capacity and/or undue influence.
• Acting for a successful dependent in a claim for financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. Sarah successfully obtained judgment for the applicant’s living expenses and a payment in respect of the applicant’s CFA uplift [Germones v Crafter (Feb 2022)].

MVL Properties (2017) Limited v The Leadmill Limited (2024)

A highly publicised 1954 Act claim in respect of an iconic nightclub in Sheffield. Sarah is part of the new team brought in shortly before the initial trial, who sought to add additional and novel arguments in defence of the landlord’s opposition to the renewal of the Leadmill’s tenancy, including submissions on the correct interpretation of ground g and an argument that it may not be compatible with Article 1 of the First Protocol of the ECHR.

Re Brickvest Limited (2022)

A complex s.994 petition and breach of warranty claim relating to a German bank’s investment in a fin-tech start-up which culminated in a c.3-week trial. The case settled whilst waiting for judgment.

Bulled v Petrie [2020] EWHC 2485 (Ch)

A family dispute in the High Court over the ownership of two valuable property development plots, involving common intention constructive trusts, resulting trusts and proprietary estoppel as well as allegations of forgery. The matter culminated in a 6-day trial in 2020, where Sarah obtained a favourable judgment and costs award for her clients.

Re Paramount Powders [2019] EWCA Civ 1644

Successful resisted (led by Stuart Hornett) an appeal against the refusal by the trial judge to make a just and equitable winding-up under s.122(1)(g) of the Insolvency Act 1986. The case involved a detailed analysis of the authorities concerning the analogy with partnership concepts, clean hands and winding up being a last resort.

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. The case led to numerous heavy applications including injunctions and share transfer orders in the face of a competing Indian injunction; debarring orders; relief from sanctions and applications for pre-dissolution distributions.

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.