Emily Wilsdon

Year of call:
2011
Email:
emily.wilsdon@39essex.com

Clerks:
+44 (0)20 7832 1111

Emily has particular expertise in judicial review, civil claims with a public law element, public inquiries, inquests, and national security. She also accepts instructions in commercial and construction.

She is a member of the Attorney General’s Civil Panel of Counsel, B Panel (London), appointed in September 2020. She is also a member of the Equality and Human Rights Commission’s panel of counsel: England and Wales, B list, appointed in May 2019.

Administrative and Public


Emily has significant experience in a broad range of public law matters, and acts both for and against the government in judicial review proceedings, claims against public bodies and other proceedings with a public law element.

Recent cases Emily has acted in include:

  • EOG and KTT v SSHD [2022] EWCA Civ 307, linked appeals heard over three days, concerning aspects of policy about the grant of leave to remain to victims of trafficking, and the interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings.
  • Binder v SSWP [2022] EWHC 105 (Admin), a challenge to the national disability strategy, the meaning of ‘consultation’.
  • Jalloh v SSHD [2021] AC 262, [2020] UKSC 4, which decided that an unlawful curfew is detention for the purposes of the tort of false imprisonment;
  • KTT v SSHD  [2021] EWHC 2722 (Admin), which concerns the policy on leave for victims of trafficking and the relevance of an unincorporated convention.
  • SV v SSHD JR/2543/2020, a decision of the Upper Tribunal on 7 December 2021, before a Presidential panel, on trafficking policy and the effect of an unincorporated treaty.
  • Kaitey v SSHD [2020] EWHC 1861 (Admin), which concerns the meaning of bail in the Immigration Act 2016, and which is currently before the Court of Appeal;
  • DMA & others v SSHD [2020] EWHC 3416 (Admin), [2021] 1 WLR 2374, a systemic challenge to the asylum accommodation system;
  • NN and LP v SSHD [2019] EWHC 766 (Admin) and [2019] EWHC 1003 (Admin), a challenge to the National Referral Mechanism which supports victims of trafficking.

She regularly advises on and acts in domestic cases involving the interpretation of international law, including the Council of Europe Convention on Action against Trafficking in Human Beings and the 1954 Convention relating to the Status of Stateless Persons. In 2016 she participated in a week of discussions with the Mexican Armed Forces on International Humanitarian Law and International Criminal Law, with Andrew Cayley QC and Rodney Dixon QC.

She acts in a range of national security cases before the Special Immigration Appeals Commission (SIAC), the Proscribed Organisations Appeals Commission (POAC) and the Investigatory Powers Tribunal (IPT). Recent judgments include:

  • Singh [2022] SN/93/2020, a review of a refusal of a naturalisation application;
  • Dogan [2021] SN/72/2019, a review of a refusal of a naturalisation application;
  • Arumugam & others [2020] PC/04/2019, a challenge to proscription of the LTTE.

Inquests and Investigations


Emily has been instructed for core participants and undertaken work in relation to a range of inquiries, including the Independent Inquiry into Child Sexual Abuse, the Leveson Inquiry, and the Undercover Policing Inquiry.

She currently represents the Department of Levelling Up, Housing and Communities (formerly MHCLG) in the Grenfell Tower Inquiry, led by Jason Beer QC; and the Home Office in the Brook House Inquiry, led by Julian Blake.

Emily regularly advises and represents a range of interested parties at inquests, including Article 2 inquests with a jury. She has particular expertise in deaths in custody and inquests with complex medical issues.

Notable recent instructions include representing the Ministry of Justice in a week-long jury inquest into a death in HMP Swansea; representing the Ministry of Justice in an inquest into a death in custody at HMP Woodhill related to the use of illicit drugs including new psychoactive substances (commonly known as spice); representing the bereaved family in an inquest with complex medical issues arising from a deep vein thrombosis (which included detailed cross examination of the hospital consultant); and representing a family in an inquest regarding the death of their son in a road traffic incident.

Commercial and Construction


Emily is keen to develop her practice in commercial and construction disputes.

As an Inner Temple Pegasus Scholar, she gained experience working on a wide range of commercial and arbitration matters as an Associate at Al Tamimi & Co, and at the DIFC Court in Dubai. Her work included advising and drafting on matters such as disputes about jurisdiction and the enforcement of arbitral awards and issues of contract, tort, financial regulation and civil procedure. She also has experience of working on contractual matters for energy companies, and litigation involving allegations of fraud.

She recently represented the Marine Accident Investigation Branch in Ocean Prefect Shipping [2019] EWHC 3368 (Comm), [2020] Bus LR 712, which decided the admissibility of a Marine Accident Investigation Branch report into a private shipping arbitration.

She has a detailed knowledge of building regulation and policy, the construction industry, building products and the testing regime as a result of her work on the Grenfell Tower Inquiry for the Department of Levelling Up (formerly MHCLG).

She is used to dealing with large document heavy matters and disclosure platforms; advising on highly sensitive issues of disclosure and procedure; assisting witnesses from the highest level of seniority down with the drafting of witness statements; and drafting detailed submissions dealing with large amounts of evidence and both technical and sensitive topics, and engaging with large client teams in order to do so.

Emily's Practice Areas


Call +44 (0)20 7832 1111 for more information

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