Tom Emslie-Smith

Personal injury is a core area of Tom’s practice. He is regularly instructed on the Multi-track and Fast Track in trials, interlocutory hearings and disposals. Tom also provides advice on liability and quantum and drafts statements of case, schedules and counter-schedules.

Examples of Tom’s recent cases include:

• A brain injury case in which the Claimant alleged that she had lost the chance to secure a job having recently completed a vocational course;
• A serious accident where the Claimant was knocked over by a rescue dog, the claim being presented under the Animals Act 1971;
• A fatal accident claim by the widow of the deceased;
• A finding of 80% contributory negligence against a claimant cyclist where D had stepped from the pavement into his path, D had suffered a catastrophic spinal injury and C had been convicted of dangerous cycling.
• Numerous cases involving consideration of the legal duties owed by highway authorities and statutory undertakers in relation to street apparatus;
• Successful defence of a landlord in a mould induced asthma claim.

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

• Employer’s liability
• Public authorities
• Highways Act 1980
• Landlord’s liability
• Defective Premises Act 1972
• Pet liability
• Fundamental dishonesty
• Low Velocity Impact Defences

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

Tom takes regular instructions in clinical negligence matters. He has recent experience in claims involving the fields of ophthalmology, neonatal care, plastics and paediatric orthopaedics. 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.

Recent cases have included a claim for total loss of vision in one eye due to an alleged failure to diagnose a retinal detachment and a claim in respect of a baby who had a respiratory arrest and seizure shortly after birth.

Tom accepts instructions for claimants and defendants and is always willing to consider cases on a CFA.

Tom has a keen interest in employment law. With a core focus on unfair dismissal and discrimination, he has advised and appeared before the Employment Tribunal in disputes involving:

• Constructive dismissal
• Redundancy
• TUPE
• Unlawful deduction of wages
• Overnight workers and national minimum wage
• Psychiatric harm

Examples of Tom’s recent cases include:

• A multi day reasonable adjustments trial concerning a performance management process drawn out over several years due to the Claimant’s medical condition that arose from the requirements of the job;
• A race discrimination and whistleblowing claim involving protected disclosures about the management of public funds;
• A constructive dismissal case following a refusal to allow time off for jury service;
• A claim by “sleep-in” overnight workers under national minimum wage legislation complicated by a TUPE transfer.

Tom is willing to take instructions for both claimants and respondents in interim and final hearings.

Tom has a thorough knowledge of insurance law, frequently advising on claims involving insolvent companies, insolvent insurers and indemnity issues. Tom has appeared before Court in a number of cases centering on the interpretation of the European motor insurance framework.

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.

Tom has Court experience in a range of common law cases including the following areas:

• Landlord and tenant;
• Product liability;
• Property damage;
• Household fires;
• Building disputes;
• Sale of goods and contractual disputes

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

Tom regularly represents parties in fundamental dishonesty trials, particularly those involving LVI and medical causation issues. He is well versed in arguments as to section 57, QOCS, and costs consequences upon findings of FD.

Tom also has experience of suspected fraud in the running of credit hire matters. He is regularly instructed in matters where enforceability of credit hire agreements is in issue and has appeared in several cases, with some success, in which illegality is raised as a defence.