Tom Emslie-Smith

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.