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.View full profile >>
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 Chief Executive/Director of Clerking, Paul Cray. 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.