Emma Woods

Areas of expertise

• Clinical negligence & personal injury
  • Personal injury

    Personal injury

    Emma is regularly instructed in small claims and fast track matters in the County Court. Her experience includes:

    • representing Claimants and Defendants in liability disputes arising out of road traffic accidents;
    • dealing with credit hire, both for Claimants and for Defendants;
    • cross-examining an expert in a diminution of value claim;
    • dealing with trials where witnesses have required interpreters; and
    • representing a Claimant in a trial in which she was required to make submissions on what constituted an accident for the purpose of the European Communities (Rights against Insurers) Regulations 2002.

    Emma has dealt in her own right with interlocutory applications and hearings, including CCMCs and applications for relief from sanctions, set aside default judgment, summary judgment, strike out, adding a Defendant and an application for a further stay while the claim was still in the portal.

    She has represented Claimants and Defendants at Stage 3 hearings, including cases where claims were pleaded in excess of £10,000, claims involving credit hire, and claims brought by cyclists.

    Emma also has experience of:

    • drafting pleadings, providing liability/prospects of success advices and holding conferences with clients with respect to occupiers’ liability and EL/PL claims, including claims brought by prisoners;
    • advising on quantum, including infant quantum advices;
    • Animals Act claims; and
    • Montreal Convention claims.

    Emma’s experience of Fatal Accident Act claims includes:

    • 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.
  • Fraud

    Fraud

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

    • dealing with many fast track trials representing the Claimant 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;
    • breast surgery errors;
    • wrongful birth claims;
    • pressure sores claims; and
    • dental claims.

    Emma assisted Leading Counsel 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.

    Emma also has experience of Fatal Accidents Act claims arising from clinical negligence,

    • F v L- assisted analysing medical records and bank statements, and assisted with drafting a quantum advice and counter schedule.

    In the summer of 2021, Emma was on a part-time secondment with an NHSR Firm, drafting pre-issue Letters of Advice and Letters of Response.

• 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.