Emily Formby KC

“She is very determined, committed, robust and empathetic." Chambers and Partners 2022

"She has incredible forensic skills, great attention to detail and patience in the face of all sorts of obstacles." Chambers and Partners 2022

“Emily is always measured and has an exceptionally thorough approach. Where Emily is involved, we know our client’s case is stronger for it.” The Legal 500 2021

“Emily cuts to the issues and is sensible and pragmatic.” The Legal 500 2021

Emily is instructed in the full range of clinical negligence and personal injury cases, and is always happy to speak about prospective instructions to see where she can help. Specialising in high value and catastrophic claims, she is long experienced in managing claims so as to cut quickly to the heart of the issue, she is adept at managing large multi-personnel and expert conferences as well as remaining empathetic and attuned to the fine detail of any case. Able to master a wealth of complex forensic and clinical detail, Emily can analyse cases so as to focus on the key issues. Conscious of the human element inherent in injury work, Emily strives to provide the best outcome possible for those for whom she is working and is imaginative and creative in her approach to team work. Formidable and fierce when required, Emily can lead but is not afraid to listen. Her persuasive advocacy wins plaudits and brings success but her compassion and humanity is never hidden. She has growing recognition for her work in fatal accident claims. 

Cases of note

• Acting for the claimant where failure to bring mother to early assisted delivery led to significant injuries for mother and baby.
• Representing the claimant where a doctor had been struck off for inappropriate surgery.
• Acting for defendant where claimant alleged failure to admit to hospital let to suicide attempt
• Acting for the claimant in a complex claim. Delayed diagnosis of cerebral bleed leading to significant but subtle permanent symptoms. Complex causation issues.
• Acted for claimant where failure to monitor baby at birth led to avoidable oxygen starvation and injury.
• Acting for claimant where failure to administer and monitor anti-coagulation treatment led to undiagnosed clotting and death.

Emily is instructed in high-value employer liability claims ranging from stress at work and bullying issues to accidents in the workplace, including schools, prisons, hospitals and more usual office claims.

Cases of note

Alleged injury to worker due to lifting and threading heavy machinery. After fully fought trial, claimant lost claim. Emily represented the defendant employer.

Often highly complicated and contested cases where emotions run high, Emily has a wide ranging and broad inquest practice including many years of experience with jury inquests. She has represented government departments, particularly the prison service and many parties in a large number of suicide cases. She works with clients who have fatal accidents and represents them at the inquest before moving into the damages claim, being particularly experienced in accidents involving cyclists. In the clinical negligence sphere, she represents doctors and patients when there is an investigation into how death arose and is fully conversant with article 2 of the Human Rights Act and human rights arguments and the interplay of European and domestic law. She represents those in care homes, particularly vulnerable adults, and has also been involved in a number of health and safety inquests. An adjunct to her inquest work is the number of fatal accident claims that follow.

Cases of note

• Acting for family where failure to admit or react to deceased’s condition led to completed suicide. 
• Acting for mother where failure to monitor baby at, during and after birth led to avoidable death.
• Acting for hospital where alleged failure to monitor and admit patient led to death.
• Acting for family raising concerns over lack of access to primary care leading to developing avoidable conditions in vulnerable adult living in residential care leading to avoidable death.

Accidents involving animals are often complicated and poorly understood. From horses in the New Forest causing accidents to dog bites and incidents in public parks, Emily understands the particular elements of animal claims and all that they can entail.

Emily has particular expertise in road traffic accident claims. She has long worked in cycling claims and has an unparalleled experience in such cases ranging from accidents involving pot holes to the most catastrophic incidents involving bicycles and HGVs in conflict, multi-vehicle incidents and a wide range of claims. She has growing recognition and expertise in the developing world of e-scooter and micromobility claims and has lectured widely on the topic. She is also the co-presented of popular podcast Wheel Life, which looks at cycling and vulnerable road users from a legal perspective.

Cases of note

• Cyclist killed by cycling into van while exit way trapped by passing cars.
• Cyclist involved in catastrophic road traffic accident leading to long term harm and needs.
• Multiple vehicle accidents when deceased was struck by number of vehicles in succession.
• Pedestrian injured when struck by car when walking on road at night.

From an accident perspective, Emily has been instructed in a wide range of public liability claims from incidents on the highway, accidents with rights of way/liability issues, road design, ownership, trespass, occupiers’ liability and accidents at events.

Accidents where products are involved from shearing of forks on a bicycle to the collapse of a bar stool chair or a product found in an apple pie are all instances of product liability claims where Emily has been involved.

She also has experience in complicated claims looking at the failure of mechanical items leading to catastrophic accidents from helicopters to cars.

Injuries in contact sport and accidents involved bicycles are particular areas of claim where Emily has considerable experience.

A CEDR qualified Mediator, Emily is able to bring significant ‘coal face’ experience as an injury litigator to her alternative dispute resolution work.

Her mediation training also assists her in all forms of dispute resolution when she is representing one of the parties. Instructed by all parties, Emily has extensive experience and a track record of success in all forms of ADR, where joint settlement meetings (JSMs) form a bedrock of her litigation practice.

Her role sitting as a Crown and County Court judge means she is able to bring her judicial training to bear on all aspects of ADR. She is used to balancing needs, listening to argument, taking an objective overview and managing matters with calm authority, thereby assisting the parties to reach a conclusion that is satisfactory to all concerned.

Emily is delighted to be one of the founder members of the 39 Essex Chambers ADR panel for fixed-fee arbitrations and adjudications.