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Emma Morales

Counsel

Madrid

Emma Morales

Counsel

Madrid

Emma has developed during the last 7 years her professional career in Linklaters, she has more than 15 years of experience in civil and commercial litigation, in relation to unfair competition, financial contracts and liability of administrators. Her practice is also very focused on commercial and investment arbitration, and has experience in appeals of cassation and procedural infraction before the Supreme Court. Prior to Linklaters, Emma worked at Bird & Bird and at the office of José Luis de Castro, specialist in civil litigation and ex-magistrate at the Provincial Court of Madrid. 

News & insights

Publications: 25 FEBRUARY 2020

A misprediction is not a mistake: settlement not set aside despite change in law

A change in the law made shortly after a compromise agreement was entered into did not give rise to a common mistake of law capable of setting aside the agreement.  The High Court held that while the doctrine of mistake operates in the context of compromise agreements, there was no “common assumption” between the parties as to the relevant law in this case and therefore no mistake.  The court observed that “a mistake will more likely arise where a well-established and unquestioned rule of law is dramatically overturned than where a single decision on a new and difficult point is overruled”.  The decision highlights the reluctance of the English courts to disturb already concluded settlements on the basis of a future revision of the law: Jeremy Philip Elston v (1) Lawrence King (2) Sue Roscoe (trustees in bankruptcy of Jeremy Philip Elston) [2020] EWHC 55 (Ch).

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Publications: 25 FEBRUARY 2020

Legal advice privilege subject to “dominant purpose” test – how to deal with multi-party email communications

The dominant purpose of a communication must be to obtain, or give, legal advice for legal advice privilege to apply.  The Court of Appeal considers how, in the light of this, to analyse privilege and internal multi-party email communications between in-house lawyers and non-lawyer employees. Three Rivers No. 5 is criticised but acknowledged to be binding: The Civil Aviation Authority v Jet2.Com Ltd, R. (on the Application of) [2020] EWCA Civ 35.

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Publications: 25 FEBRUARY 2020

Time limits for damages claims based on public law breaches during rail franchise procurement

This case highlights the very different, and often very strict, time limits that apply in different private law and public law claims.  Rejecting the Secretary of State’s attempt to strike out part of the claims against it, the Court of Appeal confirmed that the six-year time limit for damages claims applies to a procurement conducted outside the Public Contracts (and similar) Regulations.  However, the three- month judicial review time limit may apply to other private law claims in this context.  The decision highlights the importance of considering time limits when challenging, or defending, public body decision-making.  Where the public law act engages private law rights, damages and other remedies may still be available where the time limits for judicial review have passed – provided that judicial review is not being sought by the back door: Secretary of State for Transport v Arriva Rail East Ltd & ors [2019] EWCA Civ 2259.

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Publications: 27 NOVEMBER 2019

New remuneration for renewable energy in Spain

More favourable treatment seeks to avoid the initiation of new arbitration proceedings and to terminate existing ones

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Published work

  • New ruling by the Madrid High Court of Justice: Arbitration and Public Policy, Kluwer Arbitration Blog, 2/08/2018 
  • The Banking Litigation Law Review, Ed. Law Business Research, Editions 1 (2017) and 2 (2018), “Spanish Chapter”. Guía bilingüe de Arbitraje Comercial y de Inversiones (Linklaters, September 2017) 
  • The parties’ discretion to terminate a proceeding for the annulment of an arbitration award: recent development of Court rulings, Kluwer Arbitration Blog, 7/06/2017 
  • Medidas Cautelares inaudita parte. Incumplimiento de un Acuerdo de Confidencialidad de un Proceso de Due Diligence, Ed. Wolters Kluwer, Anuario Práctica Contenciosa para Abogados 2014