Emma Sole joined Farrar’s Building in 2007 after a pupillage at Littleton Chambers, which focused primarily on employment law.
Emma continues to specialise in employment law, but now also undertakes work in the fields of personal injury and general common law.
Emma has advised and acted on a significant number of credit hire claims, principally for Defendants but also for the Claimant.
She is happy to consider undertaking work on a CFA basis and also undertakes work on a pro bono basis, through the Pro Bono Unit.
Emma’s employment law experience includes representing clients in a variety of claims involving, for example, unfair dismissal, discrimination and “whistle-blowing”. Emma has also advised clients in high value restraint of trade claims.
Emma represents both employees and employers at employment tribunals in trial, at pre-hearing reviews and in other applications. Emma has also been instructed to act for parties involved in the Tribunal mediation scheme.
Emma also often speaks at the Farrar’s Building Employment Seminar and contributes to the Employment Law newsletter.
In addition, Emma receives instructions in numerous common law areas, including commercial cases and contractual disputes.
Emma has been instructed on a number of insurance matters and is presently involved in a long-running subsidence and insurance claim.
In the field of personal injury Emma’s extensive practice involves Employers’ liability, tripping and slipping cases and road traffic accident claims.
The experience of working in employment law and personal injury provides Emma with an invaluable overlap of knowledge and expertise; which is put to particular use in work-place stress claims which often cross over with disability discrimination/reasonable adjustment cases.
Emma contributed to the June 2014 Personal Injury Law Journal with an article entitled “A Cause for Concern”, which examined the effects of the judgment in Woodland v Essex County Council .
Emma’s practise includes representing clients on both sides of the issue; insurers arguing for findings of fraud and fundamental dishonesty but also Claimant’s defending such allegations. Recently Emma was able to successfully resist a fundamental dishonesty defence and application to
disapply QOCS, on behalf of a Claimant, despite the Court expressly finding numerous inconsistencies in her evidence. In 2019 Emma has dealt with several contempt of Court hearings, albeit in cases involving breach of Court Orders.
Emma will give clear and practical advice on all issues involved in cases of fraud/fundamental dishonesty, from costs to strike out applications, relying on a wealth of Court-based experience to steer clients through to the best outcome for them.
Lipton Group PLC v Cudd (2015) UKEAT/0360/14/DM
Successfully acted for the Respondent Appellant in an appeal against an award made for injury to feelings. Award reduced by over 25% from £12,100 to £9,000.
Craven v Orion (2013)
Acted for ex-Director/employment Claimant in a successful constructive dismissal claim. Claimant was awarded damages capped at the statutory limit having been persuaded that monthly "Director's Loans" formed part of the recoverable remuneration package and were not repayable.
Customer Systems PLC v Ranson & Ors (2011) EWHC 3304
Acted for the Fourth Defendant (unavailable for representation at trial as Emma's due date for her first child fell in the middle of it) in a high value claim concerning the enforceability of restrictive covenants and breach of fiduciary duties.
Mauritius Tourism Promotion Authority v MK Wong Min (2008) UKEAT 018[5/6/7]/08
Concerned the limits of the considerable leeway given to foreign states who seek to raise the issue of immunity late in the day. Successfully defended the appeal on behalf of the Respondent.
If you would like to instruct Emma Sole 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 firstname.lastname@example.org
For more information about our clerking team, please click here for the clerks page.
Feedback includes, a senior representative of a Respondent company who described Emma as “a splendid young barrister who has my confidence and undivided attention”, whilst an employee client thanked her, saying “…it was very evident to me that you have outstanding abilities both in preparation and delivery, including an excellent empathy with the client…”. As an example of solicitors’ comments; one employment solicitor was “very pleased” with Emma’s work and explained that she would “have no hesitation in instructing her again”.
In a previous life Emma’s main hobby was playing hockey – she received a Blue at Oxford and then played for Southgate and later Canterbury HC. All of that seems to be squarely behind her now as she spends most weekends traversing the Kent countryside or coast, or scrambling around in parks with her husband and two young daughters.