Her experience within credit hire is broad and Emma has run and defended credit hire claims within the small claims track and fast track. Emma is keenly aware of the commercial considerations underpinning credit hire claims as well as the impact upon and experiences of lay clients attending court in relation to credit hire claims. Emma is well versed in the technical arguments run in credit hire cases and looks forward to sharing her knowledge with solicitors within this complex, and developing, area of law.
She is particularly interested in claims involving fraud. Her significant experience in the small claims track, fast track and multi track has gleaned a sound knowledge of the sorts of arguments judges find attractive. Emma is therefore especially well placed to advise upon prospects where there are arguments as to liability, causation and allegations of fraud/fundamental dishonesty.
Her busy court practice consists of trials, interlocutory hearings and disposal hearings. Emma is keenly aware of the commercial considerations underpinning credit hire claims as well as the impact upon, and experiences of, lay clients attending court.
She is happy to receive paper instructions for drafting and advisory work.
Emma is very happy to accept instructions pre-litigation and exhorts the benefits of engaging counsel to consider merits at an early stage. Such conferences can be conducted in person or by phone.
Before being called to the Bar, Emma read English Literature at the University of Bristol where she graduated with first class honours and was ranked first in her year. She received substantial scholarships to complete her legal studies and, most recently, has been nominated for Junior Professional of the Year.
Recent cases include:
Successful defence of a multi track credit hire claim where liability/negligence remained in issue, Achieving a substantial reduction in damages award where need had not been established for storage/recovery, Achieving summary dismissal of a claim for credit hire where the claimant had filed unintelligible documents and failed to make out its case, Achieving dismissal of a claim for credit hire where a claimant, during cross examination, conceded they had not signed the hire agreement and therefore the agreement was unenforceable, Successfully disproving allegations of fundamental dishonesty made against a family of claimants, Advising upon the likelihood of successfully pursuing allegations of fraud and settling proceedings, Acting on behalf of a defendant who, following settlement of a personal injury claim within the MOJ portal, discovered cogent evidence of fraud and sought to vitiate any agreement made (making of agreement not being admitted), Appearing at CCMCs and making the usual submissions regarding costs budgets, Dealing with matters of track allocation.
Litigation Assistant, SLC Solicitors, Junior in the Costs Department, Lyons Davidson, Gateway Assessor, Citizens Advice, Social Policy Co-ordinator, Citizens Advice, Witness Support Volunteer, Victim Support.
Literature (especially the 18th century), and music.
From Inner Temple;
Frank and Burris Gahan Scholar; Exhibition Award; Duke of Edinburgh Award
From the Bar Council;
Bar Council Law Reform Essay Competition, Second Prize
From the College of Law;
No 5 Plea in Mitigation Competition; Negotiation Competition
From the University of Bristol;
The Savage Prize, for best overall performance; Dean’s List; Ross Turnbull Prize
From the University of Oxford;
Oxford University Access Essay Competition, Second Prize
University of Bristol, First Class BA (Hons), English – ranked first in year
The College of Law, LLB, Upper second, Law
The College of Law, Bar Professional Training Course, Very Competent
The College of Law, Graduate Diploma in Law, Commendation
‘Credit where credit is due: reforming a benefit recipient’s first right of appropriation’
www.barcouncil.org.uk, Costs in Focus, 2013, Lyons Davidson, Contributor