Tom Emslie-Smith

Tom Emslie-Smith

  • Called in 2016

Personal Injury

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.

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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 Chief Executive/Director of Clerking, Paul Cray. 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.