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, including fraudulent claims and motor indemnity issues
- 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 including fraudulent claims involving low velocity impacts, staged collisions, phantom passenger claims and exaggerated injury claims. Emma also deals with motor indemnity issues in such cases;
- 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.
- Successfully set aside a Claimant’s notice of discontinuance and had the case struck out for conduct and abuse of process, thereby removing QOCS protection.
- 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 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;
- NHSLA cases;
- Optician, Optometrist and Ophthalmologist cases;
- Cases involving incorrect diagnosis;
- Cases involving delay in diagnosis;
- Negligent treatment claims;
- Negligent post-operative care claims;
- Prescription of incorrect drugs claims; and
- Birth injury claims.
- 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.