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:

    • Trials arising out of road traffic accidents, including low velocity impacts;
    • Public Liability trials, including claims involving the Occupiers’ Liability Act 1957 and the Highways Act 1980;
    • Employer’s Liability; and
    • Animals Act trial where there was an issue about mistaken identity of the dog;
    • Dealing with credit hire, both for Claimants and for Defendants.

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    She has experience of advising on and representing Claimants and Defendants at interlocutory hearings, including CCMCs and applications such as relief from sanctions, strike out, summary judgment.

    Emma also has experience of:

    • drafting pleadings and advising on liability/prospects of success advices with respect to Employer’s Liability and Public Liability claims, including claims under the Highways Act 1980 and the Occupiers’ Liability Act 1957;
    • advising on quantum, including infant quantum advices;
    • Animals Act claims; and
    • Montreal Convention claims.

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    Emma’s experience of Fatal Accidents 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. 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;
    • pressure sores claims; and
    • dental claims.

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    She regularly drafts Defences for clinical negligence claims.

    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.

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    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.

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

    • Drafting Defences;
    • Advising the Defendant on Quantum and Settlement Parameters in a mental health treatment claim;
    • F v L- assisted Leading Counsel with analysing medical records and bank statements, and assisted with drafting a quantum advice and counter schedule.
  • 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
  • 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.