Tom Emslie-Smith

Tom Emslie-Smith

  • Called in 2016

Tom Emslie-Smith has a busy practice in court and on paper across all of Chambers’ core areas. He is in Court nearly every day and regularly appears in Fast Track trials, small claims, stage 3 hearings and Employment Tribunal proceedings.

Tom joined Chambers in October 2017 upon successful completion of pupillage under the supervision of Guy Watkins, Tom Bourne-Arton and Carwyn Cox.


Personal Injury

Personal injury is a core area of Tom’s practice. He is regularly instructed in Fast Track trials, stage 3 hearings and RTA small claims. Tom also provides advice on liability and quantum and drafts statements of case, schedules and counter-schedules.

Tom frequently handles matters in Court and on paper across the range of personal injury issues, including:

  • Employer’s liability
  • Highways Act 1980
  • Slip and trip accidents
  • Pet liability
  • Fundamental dishonesty
  • Low Velocity Impact Defences

Tom’s recent experience includes a claim by the cyclist in a bicycle v pedestrian accident where the cyclist had a criminal conviction arising from the incident. He has also had experience of pet liability proceedings, successfully defending the owner of a dog that escaped and ran into a road.

During pupillage Tom gained extensive experience drafting pleadings and advices in complex personal injury matters. Tom worked closely with Tom Bourne-Arton on several industrial deafness cases involving limitation issues. More broadly, he has had practical training across the spectrum of personal injury claims including product liability, defective premises, clinical negligence and inquests.

Tom is happy to consider accepting instructions on a CFA basis.


Tom handles cases involving insurance law, with particular knowledge of motor insurance and MIB claims. Recent experience includes a dispute involving his client’s liability to satisfy a judgment under s.151 Road Traffic Act 1988.


Tom has a keen interest in employment law. He has recently concluded a favourable settlement for a client in a complex, multi-headed discrimination case, which involved TUPE and psychiatric harm. Acting on a pro-bono basis, Tom had conduct of the litigation as well as the advocacy.

Tom has a range of experience before the Employment Tribunal and is willing to take instructions for both claimants and respondents in interim and final hearings.


Credit Hire

Tom has built up an extensive knowledge in credit hire matters through regular instructions. He undertakes work on both claimant and defendant sides and has dealt with cases covering a broad range of credit hire issues.

General Common Law

Tom has court experience in a wide variety of common law cases including: fire and property damage; diminution in value; hire purchase; contractual debt claims and strike out applications. He happily accepts instructions, both in court and on paper, in household damage and construction disputes.

Tom is happy to be instructed in interim and final hearings across Chambers’ broad spectrum of common law work.

If you would like to instruct Tom Emslie-Smith or would like help or advice in doing so, please call and talk to our excellent clerking team, led by senior clerk Alan Kilbey MBE. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at

For more information about our clerking team, please click here for the clerks page.

Appointments & Memberships

Personal Injury Bar Association

Employment Lawyers Association

Bar Pro Bono Unit Volunteer Panel

Lincoln’s Inn

Education & Qualifications

Bar Professional Training Course, University of Law, Outstanding (2016)

Graduate Diploma in Law, Kaplan Law School, Commendation (2014)

MA (Hons) International Relations, University of St Andrews, 1st Class (2013)


Medical Protection Society Prize for Personal Injury and Clinical Negligence, University of Law (2016)

Buchanan Prize for BPTC Performance, University of Law (2016)

Advocacy Scholarship, University of Law (2016)

Lord Denning Scholarship, Lincoln’s Inn (2014)

Hardwicke Entrance Scholarship, Lincoln’s Inn (2013)

Dean’s List for Academic Excellence, University of St Andrews (2012 & 2013)

Personal Interests

Tom enjoys playing the guitar and has performed in a band in live music venues across London. He also enjoys playing and watching football, rugby, running and just about any other sport going.