Emma Woods

Areas of expertise

• Clinical negligence & personal injury
  • Personal injury

    Personal injury

    Emma accepts instructions in all aspects of personal injury work. She is regularly instructed in matters in the County Court.

    She has particular experience in drafting pleadings, advising, and experience at interlocutory hearings and at trial with respect to road traffic accidents, occupiers’ liability and EL/PL claims, including claims under the Highways Act 1980.

    Recent Work:

    • • Drafting the Defence and representing the Defendants at trial in a claim brought by their former Gardener in respect of an accident whilst working in the Defendants’ garden;
      • Representing a Local Authority in respect of claims brought under the Highways Act 1980;
      • Drafting Particulars of Claim and Preliminary Schedule of Loss in respect of a claim arising out of a tripping accident;
      • Drafting infant settlement approval advices;
      • Animals Act trial where there was an issue about mistaken identity of the dog;

    Emma also has experience in Fatal Accidents Act claims, including:

    • • R v D- claim arising out of a fatal road traffic accident. Co-habitee had moved out for a short period prior to the death of the Deceased. Emma assisted with research on case-law concerning the 2-year co-habitation requirement and assisted with drafting an advice on quantum and strategy.
      • G v J & H- road traffic accident involving 6 fatalities, and issues involving the insurers status (whether contractual, Road Traffic Act 1988 or Article 75 status), illegality, ex turpi, contributory negligence, illegality arguments concerning an earning dependency claim and taxi licensing requirements. Emma also assisted with drafting an application for a Third Party Disclosure Order.
  • Fraud

    Fraud

    Emma’s experience of personal injury claims involving issues of fundamental dishonesty includes:

    • representing Claimants in fast-track trials where the Defendant has made allegations of fundamental dishonesty and/or the impact being a low velocity impact; and
    • advising a Defendant pre-issue on the likelihood of a finding of fundamental dishonesty.
  • Clinical negligence

    Clinical negligence

    Emma has a particular interest in clinical negligence. Her experience of clinical negligence includes:

    • delayed diagnosis and treatment claims;
    • mental health treatment claims;
    • prison healthcare claims; and
    • dental claims.

    She regularly drafts Defences for a variety of clinical negligence claims.

    She has been instructed in hearings for clinical negligence claims, including Infant Approval Hearings, Applications and CCMCs in the County Court and the High Court.

    Emma is frequently instructed in Fatal Accidents Act claims arising from clinical negligence. Her experience includes:

    • Drafting Defences, where claims have been brought in negligence and also under the Human Rights Act following suicides of mental health patients;
    • Advising Defendants on Quantum and Settlement Parameters in mental health treatment claims;
    • Advising a Defendant on Quantum and Settlement Parameters involving a substantial claim for dependency based on the Deceased’s pension.
    • Representing Defendants at JSMs for arising out of mental health treatment claims, including drafting Counter Schedules in advance of the JSM. One JSM settled for £250,000.
    • F v L- assisted Leading Counsel with analysing medical records and bank statements, and assisted with drafting a Quantum Advice and Counter Schedule.

    Emma has also acted for Defendants in hearings arising from prison healthcare claims, where the Claimants have been acting as Litigants in Person.

    In 2021 and 2022, Emma was on secondment with an NHSR Firm. During the secondment she assisted with:

    • Drafting pre-issue Letters of Advice and Letters of Response;
    • Drafting Defences;
    • Reviewing Expert Reports, and attended Conferences with Experts;
    • Drafting Advices, including Advising on Quantum;
    • Working on a complex spinal surgery claim valued by the Claimant in excess of £10 million.

    Emma assisted Charles Bagot KC, who acted for the successful Respondent, with preparation for the limitation appeal in Azam v Birmingham NHS [2020] EWHC 3384 (QB). The claim was issued 18 years after the expiry of the primary limitation period and the allegedly negligent surgeon had died in the meantime. The appeal concerned the discretionary extension to the limitation period under s.33 of the Limitation Act 1980.

  • Inquests & inquiries

    Inquests & inquiries

    Emma is developing an Inquest practice.

    She has experience of appearing at Pre-Inquest Reviews, including representing a potentially Interested Person at the First Pre-Inquest Review concerning the Forbury Gardens Terror Attack.

    Emma has experience of representing the Family at a Healthcare Inquest.

    Whilst on secondment at an NHSR Firm, she liaised with the Inquests Team to provide advice on possible clinical negligence claims prior to and following Inquests.

• International

  International

  Emma has assisted with cases involving road traffic accidents in the Cayman Islands, including:

  • Advising on Quantum, including Loss of Earnings and General Damages
  • Researching English Court of Appeal decisions regarding liability
  • Review of loss of earnings disclosure
• Professional liability

  Professional liability

  Emma is developing an expertise in Professional Liability.  As well as acting in clinical negligence cases, she also has experience of cases involving alleged negligence of legal professionals involved in the conduct of personal injury/clinical negligence claims.