Emily is a Partner in our real estate litigation team in Bristol. Emily predominately works for clients in the Energy and Utilities and the Real Estate and Infrastructure Sectors, providing strategic support and risk management advice in relation to property and land right disputes arising from energy infrastructure, property development and the use of compulsory purchase powers.
Emily has a broad range of energy sector experience, with particular expertise in acting for electricity and gas distribution network operators. She advises our Energy and Utility Sector clients on all aspects of property law and has particular experience in addressing issues arising from major infrastructure projects, new energy infrastructure, the deployment of statutory and compulsory purchase powers and advising on and addressing issues relating to the protection of energy infrastructure.
Emily also regularly advises developers, institutional investors and pension funds on a diverse range of property issues, including boundary disputes, rights of way and easement issues, trespass claims, nuisance and negligence claims, breaches of restrictive covenants, misrepresentation and breach of contract claims, option and overage disputes, party wall issues, insolvency related disputes and issues relating to the exercise of compulsory purchase powers.
Emily is a member of the Compulsory Purchase Association, Women in Infrastructure and the Property Litigation Association, and is on both the Compulsory Purchase Association (South West) committee and the Junior Property Litigation Association (South West) committee.
Emily Van Schalkwyk is a truly outstanding lawyer. She can seamlessly move from advising on and litigating on Compulsory Purchase disputes to doing the same on Electronic Communications Code disputes. She is incredibly hardworking, extraordinarily bright and has very sound litigation judgment. She is one of the best solicitors I have worked with in 40 years at the Bar and 18 years as Q.C."
Leading a team acting in an arbitration relating to a £35m dispute.
Defending an energy client in High Court injunction proceedings, concerning a disputed wind farm grid connection.
Advising for a residential developer in relation to a £1.5 million+ breach of covenant claim.
Acting for an institutional investor, in relation to a strategically important restrictive covenant claim.
Advising a number of energy clients in relation to their land rights and property assets where they are affected by HS2.
Judgment guides on a 'gap' in the telecoms regime when site providers grant a concurrent lease to a third party
Cornerstone v University of the Arts London decision has potential to help unlock stalled Code negotiations
Tribunal provides clarity on terms typically contained in agreements under the Electronic Communications Code that could help boost the rollout...
On 5 November 2019 we held our annual Communications Review 2019, where experts from our London, Bristol and Thames Valley...
Boost for network operators as Tribunal issues first decision on the valuation of consideration and compensation payable under the Electronics Communications Code
In a landmark decision under the Electronic Communications Code, the Tribunal has ruled in EE and Hutchison 3G's favour, concerning...