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Tom practises in the fields of personal injury, clinical negligence, employment and property damage.

Tom has a specialist personal injury practice covering the full range of liability, quantum and insurance issues. His practice encompasses complex and catastrophic injuries, fatal accidents, issues of fraud and fundamental dishonesty and complex quantum disputes. He has a particular interest in travel and aviation law and cases with a jurisdictional aspect. Tom is a contributing editor of Butterworths Personal Injury Litigation Service and Butterworths Law of Limitation.

Tom is an experienced clinical negligence practitioner. He acts for claimants and defendants in cases covering a range of medical fields. He provides clear and incisive advice in cases of medical complexity and is valued for his approachable, sensitive manner.

Tom also specialises in employment law. His practice focuses on unfair dismissal and discrimination. He has a wealth of trial experience in the employment tribunal, acting for claimants and respondents alike. He has a particular interest in cases involving issues of employee/worker status.

Tom is proficient in the law relating to insurance and subrogated claims. He provides thorough and tactically astute advice in wide a range of property damage cases.

Personal Injury

Personal injury is a core area of Tom’s practice. He is a specialist practitioner across the range of RTA, EL/PL and travel law work.

In his road traffic practice, Tom has a particular interest in motorcycle, bicycle and pedestrian cases. He has recent experience in a “car as a weapon” case. He has experience acting for the MIB and for claimants and defendants in cases where an insurer has refused indemnity.

In his employer’s liability practice, Tom has particular interest in construction site accidents. He has a thorough understanding of the CDM Regulations 2015 and of the law relating to contractual indemnity clauses.

Tom has recent trial and advisory experience in the following areas:

  • Complex and catastrophic injuries, including chronic pain;
  • Fatal accidents;
  • Motorcyclists, cyclists and pedestrians;
  • RTA insurance/ MIB claims;
  • Employer’s Liability;
  • Construction sites, including multi-party disputes with contribution and/or contractual indemnity issues;
  • Highways Act 1980/street apparatus claims, including McGeown issues;
  • Landlord/tenant and defective premises claims;
  • Negligent cosmetic/beauty treatment.

Tom is a contributing editor of Butterworths Personal Injury Litigation Service and Butterworths Law of Limitation

Clinical Negligence

Tom has particular specialism in clinical negligence. He is frequently instructed in cases settling for over £250,000. He is thorough in his analysis of expert medical evidence and able to give cogent, practical advice on risks and strategy from an early stage onwards.

Tom has acted both for claimants and defendants in numerous fatal accident claims, including those arising from delayed diagnosis of cancer and acute medical admissions. Tom’s cases often involve medical complexity. Clients appreciate Tom’s manner in conference with clients and witnesses, having handled numerous sensitive cases on both claimant and defendant sides.

Tom has acted for defendants in a number of multi-party disputes involving apportionment of responsibility between healthcare providers.

Tom has recent experience in the following fields:

  • Delayed diagnosis of cancer;
  • Cardiovascular/ heart failure;
  • Nephrology, renal system and dialysis treatment;
  • Surgical negligence;
  • Delayed diagnosis of fractures, including spinal injury;
  • Stillbirth;
  • Endometriosis;
  • Ophthalmology.

Employment

Tom has extensive experience in employment law, with a core focus on unfair dismissal and discrimination. Clients value his in-depth knowledge of the law and his thorough approach to cross-examination.

Tom has a particular interest in employee/worker status issues. Tom recently represented the Respondent (led by Judy Stone KC) in the status trial in Rothwell v FremantleMedia Group Limited. The case concerned the status of a freelance editorial worker and is of broader interest to the media/television industry.

Tom is an experienced and effective advocate in the employment tribunal. An example of his recent cases is a constructive dismissal/disability discrimination case brought by a senior employee at a construction firm. Tom represented the claimant. The case concluded on favourable terms after Tom’s cross-examination of the respondent’s witnesses.

Tom also has recent experience in the following areas:

  • Unfair dismissal including conduct, capability, redundancy, ill health and sickness absence;
  • Constructive dismissal;
  • Disability discrimination;
  • Whistleblowing and protected disclosure detriment;
  • Automatic unfair dismissal;
  • Preliminary hearings, strike out applications, applications to amend and time limit issues;
  • Overnight workers and national minimum wage.

With Tom’s specialism in personal injury, he is well placed to advise and draft schedules of loss in cases with complex quantum issues, including psychiatric damage and pension loss cases.

Tom’s experience with disciplinary investigations, both in the employment and professional regulation contexts, give him an ideal skill set to conduct internal disciplinary investigations. He is able to conduct a thorough investigation in a manner that is sensitive and procedurally fair.

International & Travel

Tom has a busy and growing travel law and cross-border practice. He is knowledgeable on issues of jurisdiction and applicable law and has particular trial experience in fundamental dishonesty cases with a cross-border aspect.

Tom has a particular interest in aviation law, acting mainly for defendant airline companies in both Montreal Convention and employer’s liability claims. Tom recently defended British Airways at trial in a turbulence claim brought by a member of cabin crew.

Tom acts for claimants and defendants in Package Regulations cases and accidents abroad. He provides assistance with applications for service out of jurisdiction, as well as tactical advice on pleadings, expert evidence and foreign law or local standards issues. His strong focus on personal injury combined with thorough knowledge of the travel law framework enable him to provide excellent advocacy on all aspects of his cases.

Further examples of Tom’s recent cases include:

  • An appeal in a fundamental dishonesty case regarding an accident in Belgium;
  • A product liability claim against a manufacturer based in Taiwan;
  • Strike out applications arising from defective service or pleadings.

Professional Discipline & Regulation

Tom has significant experience in disciplinary matters before a range of professional regulators.

He has recent experience in proceedings before the NMC, HCPC, BTAS and ACCA panels in fitness to practice and health proceedings, including those involving criminal offences and safeguarding issues.

Tom is also experienced in internal investigatory proceedings, having dealt with numerous disciplinary cases in the employment context.

Tom represents registrants and members as well as regulators and disciplinary bodies.

Insurance

Tom has a thorough knowledge of insurance law. He frequently acts in subrogated recovery claims in the property damage context and advises on issues involving insolvent companies, insolvent insurers and indemnity issues.

In his personal injury practice, Tom has in-depth knowledge of the RTA insurance framework. He has acted for the MIB on numerous occasions, as well as in cases where the insurer’s status is in dispute. He has addressed the Court numerous times on technical insurance law issues.

Civil Fraud

Tom is a seasoned hand in issues of fraud and fundamental dishonesty. He is well versed in arguments relating to section 57, QOCS and costs consequences upon findings of FD. He is thorough in his analysis of medical causation, with a keen eye for forensic detail.

Tom has a wealth of experience in fraud/FD matters in the credit hire context, and has appeared in several cases involving fraud rings, a recent example being the litigation surrounding a ring of allegedly staged accidents involving Tesco delivery drivers.

Property Damage

Tom is frequently instructed in property damage disputes. He is proficient in the law relating to nuisance, product liability, insurance and subrogated recoveries and provides clear and practically focussed advice from pre-issue stage onwards.

Examples of Tom’s recent cases include:

  • Several claims involving fires started from marijuana farms in industrial units;
  • A claim involving damage during hire and bailment of industrial equipment;
  • Subsidence claims;
  • Water and fire damage claims.

Notable Cases

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).

Appointments & Memberships

  • Personal Injury Bar Association.
  • Employment Lawyers Association.
  • Bar Pro Bono Unit Volunteer Panel.
  • Lincoln’s Inn.

Publications

  • Contributing Editor – “Heads of Claim” in Butterworths Personal Injury Litigation Service.
  • Contributing Editor – “Personal Injury and Clinical Negligence” in Butterworths Law of Limitation.

To instruct Tom Emslie-Smith or obtain more information

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Our clerking team, led by Chief Executive & Director of Clerking, Paul Cray, will be pleased to help with any enquiry regarding Tom Emslie-Smith, including suitability, availability, and fees. The team offers responsive, commercially focused, and highly professional support.

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