Emma Waldron > Chambers of David Berkley QC > London, England > Lawyer Profile
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Personal Injury; Clinical Negligence; Education; Mediation; Court of Protection
Emma Waldron practises exclusively in the fields of Education Law, Clinical Negligence, Personal Injury and Court of Protection. She has a very busy practice and finds herself in Court or in Tribunal regularly in tandem with a busy paperwork practice. Emma’s practice has led her to deal with clients in the High Court, Upper Tribunal, County Court and First Tier Tribunal, most recently dealing with two appeals to the Upper Tribunal that were both successful.
Within Emma’s Education practice, she has been instructed on a number of cases on the National Trial involving complex social and health care issues. As a former Teaching Assistant and Governor at a Maintained Special School for children with severe profound and multiple learning difficulties, Emma has a strong interest in dealing with cases within the SEN arena.
In a recent B, F and I appeal, Emma successfully negotiated a settlement at the door of the court which lead to a local authority naming a 38-week placement at a specialist Independent school.
Emma’s knowledge and experience within the care industry gives her a real sense of what good care is. She has regularly dealt with Personal Injury cases involving accidents in care homes, most recently dealing with a fatal accident claim. The service that Emma provides to her lay clients is second to none and has been proven when dealing with an extensity of cases of a sensitive nature within the Personal Injury field.
Emma appears in court on a daily basis, acting for both Claimants and Defendants in claims on both the fast and multi-track. She appears regularly in the County Court and has experience of conducting hearings in the High Court also. She has considerable experience in conducting trials, applications, CCMCs and appeals. She regularly advises on liability, quantum and costs and drafts statements of case in areas including (but not limited to):
- Road Traffic Accidents (including fraudulent claims)
- Credit Hire
- Highways Act claims
- Defective Premises Act claims
- Animal Act claims
- Occupiers’ Liability
- Employers’ Liability
- Chronic Pain
- Fatal Accidents
- Defective Products
- Criminal Injuries Compensation.
Emma has significant experience in working with children and adults with disabilities, which she is able to utilise in her career at the bar. She also has practical experience and understanding of the care industry, having worked in a residential care home for a number of years. Emma has a particularly strong interest in claims involving negligent care and negligence in schools.
Emma has recently lectured on the following topics:
- Quantifying General Damages
- Quantifying Care Claims
- Understanding Part 36
- The Enterprise Act
- The Care Act 2014.
In Clinical Negligence matters, Emma acts exclusively for Claimants. Her work in this area includes cases of unnecessary/inappropriate treatment, delays in diagnosis and uninformed consent. She is interested in and developing a cosmetic and dental negligence practice.
- Advising in respect of injuries caused at birth
- Advising and drafting pleadings in a claim involving the negligent administration of anaesthetic
- Advising and drafting pleadings (including a claim for provisional damages) in a case involving negligent aftercare following an operation to the Claimant’s eye
- Advising and drafting pleadings in a claim involving the delay in diagnosing spinal fractures
- Advising and drafting pleadings in a Fatal Accident Act claim where the deceased died following a surgical procedure
- Drafting pleadings where the Claimant suffered injury when a guidewire was left in her body.
Editor and co-author of the Clinical Negligence Division of Butterworth’s Personal Injury Litigation Service, Issue 120.
Talks and Presentations:
Tactics in the Post-Jackson Era: The New CPR 3.9 and Part 36.
Emma is regularly instructed on behalf of parents, young persons, independent schools, academies, charities, local authorities and universities advising on all aspects of Education Law.
Emma regularly works in the following areas of Education Law:
- Disability Discrimination
- Educational Negligence
- Judicial Review
- Complex admissions arrangements and appeals
- Breach of Contract
- Debt Recovery
- Deprivation of Liberty (DOLS)
- Academic Appeals and Fitness to Practice
- Ofsted Appeals
Within Emma’s practice, she has been instructed on a number of cases on the National Trial involving complex social and health care issues. In a recent B, F and I appeal, Emma successfully negotiated a settlement at the door of the court which lead to a local authority naming a 38-week placement at a specialist Independent school.
As a former Teaching Assistant and Governor at a Maintained Special School for children with severe profound and multiple learning difficulties, Emma has a strong interest in matters within the SEND field.
Emma also has extensive experience in providing training to Schools and Expert witnesses on Ofsted Appeals. In her practice, she has advised numerous clients on challenging Ofsted decisions. Most recently, she advised a nursery school manager whose provision was faced with imminent closure. The case comprised complex legal argument and the provision of sensitive advice to a client who was under a huge amount of pressure (her livelihood and future career prospects being at stake).
Latterly, Emma has been instructed by one of the most prestigious universities in the country to act on a Disability Discrimination claim. She has found that her commitment and passion for working with universities across the country to offer them clear and commercial advice has been very well received.
Emma has significant experience in dealing with Disability Discrimination claims both in the FTT and County Court and has recently held training sessions and lectures on this subject. Emma is passionate about passing on her vast knowledge and experience within this sector and openly attracts the opportunity to host training days and lectures to a number of our clients.
Emma is an ADR Group Accredited Mediator.
COURT OF PROTECTION
Emma’s practice in the fields of Education Law and Personal Injury Law has, in recent years, led her to advise on matters of capacity and issues involving the Court of Protection.
She has a particularly strong interest in:
- Deprivation of Liberty Safeguarding
- Issues surrounding consent to medical treatment
- Lasting Powers of Attorney
Having previously worked in the care industry and in special schools, Emma has a unique insight into questions of care and capacity. She recently delivered a talk on the Care Act 2015 and its interplay with the Mental Capacity Act 2005.
She is happy to take instructions from local authorities or individuals.
- Re MD: acting on behalf of the Official Solicitor in relation to an application to revoke an LPA and appoint a Welfare Deputy
- Re ALS: acting on behalf of the Official Solicitor in respect of challenge to a standard authorisation which deprived P of his liberty
- Re FL: acting on behalf of the Applicant who was seeking to oppose the registration of an LPA which had been purportedly obtained by duress
- Re RB: judicial review proceedings, challenging a local authority’s decision that the Applicant was not eligible for care and assistance under the Care Act 2014.
Year of call 2011
- Education Law Association (ELAS)
- Member of the Association of Women Barristers
- Personal Injury Bar Association (PIBA)
- ADR Group Accredited Mediator
- BPTC (BPP Law School, 2010-2011) – Outstanding
- GDL (BPP Law School, 2009-2010)
- BA (Hons) Politics (St Chad’s College, University of Durham)
Lawyer Rankings(Leading Juniors) Ranked: Tier 5
Emma Waldron –3PB ‘Emma is an excellent advocate, very tenacious and has a high level of mental fortitude. She is passionate about the work she does and instils confidence in clients, even those who are anxious and vulnerable.’
3PB is an ‘excellent set with strength-in-depth‘ in the education field with members described as ‘approachable and committed’. Recent instructions include Aimee Fox successfully defending Wolverhampton City Council in a judicial review matter against allegations that it failed in its duty under section 19(1) of the Education Act 1996, to provide education services to the claimant. Other highlights include Emma Waldron successfully acting for Queen Mary, University of London in a discrimination claim.