Emma is an experienced and confident advocate who appears regularly in Court. She provides advice, both in conferences and in her written work, which is thorough yet easy to digest. Drafting documents for Claimants and Defendants forms a significant part of Emma’s practice.
Emma’s areas of practice include:
- Personal injury and Fraud
- Clinical negligence, including NHSLA work and plastic surgery cases
- Product liability
- Property damage
Emma accepts instructions in all areas of personal injury work and acts for both Claimants and Defendants. Emma regularly appears in trials, Costs and Case Management Conferences (CCMCs), Case Management Conferences (CMCs) and interim applications. She regularly advises on both liability and quantum and frequently drafts Particulars of Claim, Defences, Schedules of Loss and Counter-Schedules of Loss. Emma regularly advises on complex future loss issues, including future loss of earnings and handicap on the labour market.
Emma’s busy practice includes:
- Claims involving Complex Regional Pain Syndrome, Chronic Pain, Fibromyalgia and Functional Neurological Disorder;
- Brain and head injury claims;
- Carpal Tunnel Syndrome cases;
- Accidents in the workplace, including issues of contractual indemnity between contractors and sub-contractors;
- Occupiers’ liability cases;
- Claims brought pursuant to the Fatal Accidents Act 1976;
- Road traffic accidents;
- Highways cases;
- Landlord and Tenant cases where disrepair led to injury;
- Criminal Injuries Compensation Authority claims and appeals; and
- Acted pro bono for the victim of an armed gang assault in his appeal against the CICA’s initial award of approximately £4,000. Injuries suffered included a fractured skull with 10cm head wound, PTSD and post-concussion syndrome. The final sum awarded was in excess of £94,000.
- Acted for a family in an inquest where the deceased had died from mesothelioma. The finding was that the mesothelioma was likely to have been caused by exposure to asbestos in the deceased’s workplace in the 1970s, rather than from (disputed) exposure in her home.
- Obtained judgment for the Claimant in a food poisoning case against a large pub chain.
- Advised in a brain injury case where issues akin to those raised in Billet v MOD were likely to be raised. Emma explained the various approaches that could be taken by a Court in assessing future loss of earnings/handicap on the labour market, including applying an adjusted disability multiplier.
- Advised the Claimant on the necessary medical evidence and potential quantum in an accident at work case which caused a short-lived back injury but which resulted in the development of Functional Neurological Disorder, resulting in the Claimant being wheelchair bound and unable to work.
Emma accepts instructions from Defendants in all areas of personal injury related fraud. Emma is frequently brought in to assess evidence and witnesses at an early stage and provide advice as to how to proceed. Emma is firm in her view that Defendants should not shy away from pleading fraud where the evidence is sufficient to do so. Her experience includes claims involving:
- Exaggeration of injuries
- Phantom passengers
- Staged accidents
- Fabrication of accidents
- Low velocity impacts
- Motor indemnity issues arises from such claims.
Emma is also experienced in dealing with fundamental dishonesty cases and cases resulting in the removal of QOCS protection after a case has been struck out.
- Argued successfully that a liability admitted claim should be dismissed under Section 57 of the CJCA 2015. Although some elements of the claim were established by the Claimant, the Judge found that there had been a significant exaggeration in respect of the extent of the injuries sustained. Emma successfully argued that the extent of the exaggeration was sufficient to be considered fundamentally dishonest and persuaded the Court to dismiss the entire claim under s.57.
- Successfully set aside a Claimant’s notice of discontinuance and had the case struck out on the basis of the Claimant’s conduct, thereby removing QOCS protection.
- Persuaded a Judge to strike a case out rather than make an Unless Order where there had been numerous and significant breaches of the directions order. The Defence had raised dishonesty in respect of failure to mention numerous previous accidents and injuries to the medical expert.
- Acted for Defendants in cases where the Claimants failed to attend the trial. The cases were struck out for non-attendance and findings were made that the conduct of the Claimants obstructed the just disposal of proceedings. QOCS protection was therefore removed.
Large loss section 57 cases coming thick and fast
Emma acts for both Claimants and Defendants in clinical negligence cases and is regularly instructed by the NHSLA, private insurance companies and medical defence organisations. Emma accepts instructions in all medical malpractice claims, including:
- Plastic surgery cases;
- Cases for the NHSLA and other medical defence organisations;
- Optician, Optometrist and Ophthalmologist cases;
- Claims involving consent issues;
- Cases involving incorrect diagnosis;
- Cases involving delay in diagnosis;
- Negligent treatment claims;
- Negligent post-operative care claims;
- Prescription of incorrect drugs claims;
- Birth injury claims; and
- Inquests involving care and nursing homes;
- Acted for numerous care homes in cases involving residents developing pressure sores and sustaining other injuries;
- Defended a case involving transmittance of a disease from a donor organ after a transplant operation;
- Acted in a case involving a laparoscopic assisted vaginal hysterectomy. The issues involved whether the Claimant had received sufficient information about the risks prior to the surgery and whether the resulting complications were due to negligence or were simply an ordinary risk of properly performed surgery.
- Defended a claim involving allegations of failing to provide sufficient information about the risks of plastic surgery and the need for further rectification surgery as well as allegations that the surgery itself had been performed negligently. The case also involved insurance issues.
- Emma has acted in numerous cases involving allegations of negligence against opticians/optometrists for failing to spot signs of retinal detachment and/or failing to urgently refer to an ophthalmologist.
Product Liability and Property Damage
Emma acts in cases involving product liability and property damage cases, advising on prospects of success and potential value of claims.
- A mains water leak caused property damage to a hotel. The claim involved issues of commercial loss of revenue as well as repair costs.
- Fire damage to a commercial property caused by a faulty tumble dryer. Claims were brought against the manufacturer of the product by the landlords and also the tenant, who ran a business from the premises. The damages claimed included building damage, contents and stock damage.