Emma Zeb KC

Areas of expertise

• Clinical negligence & personal injury
  • Clinical negligence

    Clinical negligence

    Emma undertakes all types of clinical negligence claims including missed/delayed diagnosis of cancer, failure to diagnose DVT, gynaecological injury, pressure sore cases and psychiatric injuries/deaths.  She has been recognised in this area by Legal 500 / Chambers UK since 2008.

    She has a particular talent for handling multi-expert conferences which requires maturity, control and the tenacity to test the strength of the opinions upon which the claims/defences are based.

    Emma acts for both claimants and health boards/NHS Trusts.

    As a trained mediator, Emma knows the importance of utilising suitable forms of ADR in clinical negligence disputes.

    Emma is instructed in an increasing amount of international litigation and is instructed in personal injury and clinical negligence cases in the Cayman Islands.

    Recent cases

    • Various v Dixon & The Spire Hospital (2023) – Instructed by two Claimants who were treated by Anthony Dixon by way of laparoscopic ventral mesh rectopexy and suffered serious harm as a result. Mr Dixon remains under investigation by the GMC following allegations of misconduct.
    • DF v Cwm Taf Health Board (2023) – Acting for Defendant in relation to a claim for damages resulting from an above knee amputation after a delayed diagnosis of femoral artery occlusion.
    • Re: XX (2023) – successfully represented Claimant on issues of liability and quantum in a claim against two medical practitioners who administered medication contrary to XX’s HIV drug regime causing Cushing’s Syndrome.
    • Ms v George Elliot Hospital (2023) – Acting for Claimant with severe psychological injury following an attack by one of her patients.
    • LR v University Hospitals Coventry and Warwickshire (2022) – Junior Counsel to Charles Bagot KC in a claim concerning the delayed diagnosis of meningitis to an 18-month old girl resulting in a syrinx causing scoliosis, highly impaired motor function and severe disability needing extensive care.
    • Collard v Betsi Cadwalladr HB (for D) (2022)– Settled long running clinical negligence claim at two JSMs on liability and quantum. Seven figure sum settlement and periodical payments for a failure to detect a brain tumor.
    • Re: PQ (for D) (2022)– Acting for health board in respect of a claim for damages following the neo-natal death of PQ. Investigated as part of the Cwm Taf Maternity Investigation.
    • Naylor v G4S & others (for D) (2022)– High value claim for damages following a near miss ligature to a prisoner who has been left profoundly brain injured. Liability, causation and quantum in issue. Issues of non-delegable duties in healthcare, vicarious liability and claims for breaches of the HRA 1998.
    • ED (child) v Betsi Cadwalladr ULHB– (For D) (2022) £7 million pound claim for failure to diagnose craniopharyngioma in a young child. Led by Charles Bagot KC.
    • Lovegrove v MOD (For D) (2021)– Multi million pound claim concerning failure to diagnose bowel condition leading to loss of army career.
    • MK v University Hospitals Coventry and Warwickshire– (for Cl) – Failure to recognise post- operative bleed causing brain injury to an adult with existing learning difficulties (2021).
    • SE v RUH Bath (For Cl)– Failure to properly identify and treat portal vein thrombosis (2021).
    • Murakami v Anuerin Bevan ULHB (For D)– Human Rights Act and FAA claim following the self-inflicted death of a woman shortly after being discharged from psychiatric care (2021).
  • Personal injury

    Personal injury

    Emma is a highly experienced personal injury practitioner having specialised in this area for over 20 years and been recognised in the professional directories since 2008. Emma is known for her attention to detail and her ability to pick apart tricky liability and causation issues. She has always managed to balance a practice for both claimants and defendants meaning that she remains alive to the arguments on both sides of the coin which is an advantage both in court and negotiating settlement.

    Her expertise lends her to a practise that largely focusses on catastrophic injuries often involving TBI, amputation, disabling spinal injuries and gynaecological injuries.

    As the number of litigated Functional Neurological Disorders (FND) cases has grown, so too has Emma’s work in this area. She is instructed by Claimants and Defendants in such cases and has chaired conferences on what is a complex and challenging area of law and medicine.

    In addition to the more common types of personal injury claims, Emma has dealt with claims for sexual abuse against family and non-family members, accidents in care homes to staff and service users with all manner of vulnerabilities and employer’s liability claims involving multiple potential defendants. Emma has years of experience acting for local authorities in Highways Act claims.

    Emma’s vast inquest practice leads to her being instructed in related damages claims dealing with liability and quantum issues related to claims pursuant to the Human Rights Act.

    Emma is instructed in an increasing amount of international litigation and is instructed in personal injury and clinical negligence cases in the Cayman Islands.

    Recent cases:

    • LW v Devon CC (2023) – Acting for young man with Down’s Syndrome who suffered injuries in a drowning incident.
    • AJ v G4S and others (2023)– Acting for Defendant in high value claim alleging the development of FND following injuries suffered by a prison officer when restraining a young prisoner in a fight.
    • SE v JR (2023) – Acting for high earning Claimant in a below knee amputation case with significant upper limb injuries also. Recently settled for significant 7-figure sum.
    • KP v PW (2023) – Acting for Claimant in catastrophic motorcycling injury case involving injury to all four limbs and significant rehabilitation needs.
    • PL v DL (2023) – Junior to Joel Donovan KC in TBI to a young girl who fell from the rear of a moving vehicle.
    • TA v Esure (2023) – Acting for Claimant in a case where is diagnosis of FND was disputed and fundamental dishonesty was alleged.
    • XX v Allianz (2023)– Acting for parent of a baby who sustained hypoxic brain injury following an alleged defect in a baby rocker.
    • CS v LV Insurance (2023) – Acting for an elderly man who suffered a delayed stroke following a road traffic accident. Disputed capacity issues in the case.
    • Moran v TCS (2023) – Successfully secured damages for a child who lost one of his eyes during unsupervised student horseplay at school.
    • XX v X & TK v X (2022)– Acting for prison service in respect of claims by prisoners after cell fires. Issues concern causes of the fire including criminality of the injured person. High value claims in respect of the catastrophic burn injuries suffered.
    • Naylor v G4S & others (2022)– High value claim for damages following a near miss ligature to a prisoner who has been left profoundly brain injured. Liability, causation and quantum in issue. Issues of non-delegable duties in healthcare, vicarious liability and claims for breaches of the HRA 1998.
    • PH v County Council (2022)– Acting for council in respect of an accident on a public right of way. Examining duty owed by the Council for the state of the pavement in such areas.
    • Thompson v Bissett (Allianz) (for Cl) (2021)– Settled 7-figure sum brain injury claim to young man who was knocked down by a drug / drunk driver. Significant rehabilitation needs, active epileptic activity. Multiple expert case.
    • Griffiths & Others v G4S (for D) (2021)– Damages following the death of a man who ligatured in prison. Case examined the safety of safer custody units and national guidance in respect of the same as well as the management of mental health and substance misuse issues (2021)
    • TB v CW (for Cl)– Junior Counsel in TBI claim following injury to a young child whilst a passenger in his mother’s care (2021)
    • Nicholson & Nicholson v Chief Constable of Dorset Police(1) Borough of Poole (2) Dorset CC(3) & Others– (for one of Ds) – claim for damages by the parents of a vulnerable man who was murdered by two young persons (2021)
    • Lewis v Kennedy & Markerstudy– (for Claimant) Multiple fatals claim involving death of young husband and unborn baby as well as injuries to mother and another child (2020)
    • Anon– (For Claimant) Injuries to a young boy with disabilities who nearly drowned when in respite care (2021)
  • Inquests & inquiries

    Inquests & inquiries

    Emma specialises in complex inquests and is recommended in this area by Legal 500 and Chambers UK. She has a wealth of experience in all types of inquest but much of her work consists of cases which examine multi-agency failings at the highest level, often engaging Article 2 of the ECHR and before a Jury.

    Emma acts for bereaved families as well as individuals, private sector bodies and state agencies, whose actions may be examined. Her clients include private prisons, the police, probation, local authorities, private and public sector care homes, housing providers, health trusts/health boards and employers.  Emma has been appointed as junior counsel to the Crown and through this role she represents the MOJ regularly in relation to deaths in custodial settings or concerning the delivery of detention and probation services.

    She has a real talent for handling cases involving significant amounts of documentation and distilling this down to the relevant issues.

    From the first PIR to the conclusion of the inquest and its implications for any potential civil or criminal proceedings, she has a comprehensive understanding of the nuances of coronial procedure and in particular difficult arguments regarding rule 22, disclosure and PII as well as whether Article 2 is engaged or a jury is mandated.  Emma has dealt with judicial review issues in relation to procedural matters before inquest and regarding the outcome of an inquest.

    Emma is instructed by the Cabinet Office in the UK Covid-19 Inquiry.

    Emma is instructed in an increasing amount of international litigation and is instructed in personal injury and clinical negligence cases in the Cayman Islands.

    Notable  / high profile recent inquests / inquiries include:  

    • UK Covid-19 Inquiry (2024) – Instructed by cabinet office – Modules 1,2 & 4.
    • Re: Jacob Billington (2024)  – 3-week Article 2 inquest examining multi-agency management of a high risk individual released at sentence end date who went on to stab and seriously injure a number of people, killing Jacob Billington.
    • Re: Matthew Boorman (2024) – Instructed by Gloucester Police following the murder of Matthew Boorman by Can Arslan.
    • Re: Jared Perry (2024)  – Article 2 inquest touching on the self-inflicted death of a man in prison whilst awaiting transfer to a secure hospital.
    • Re: James Faulkner (2024) – Article 2 inquest touching on the death of a man who died of alcohol toxicity whilst housed in a hotel during Covid-19.
    • Re: F Heard (2024) – Instructed in an inquest touching the death of an elderly man in prison with dementia – examining provision for such care in a custodial environment.
    • Re: George du Preez (2023) – Represented the National Probation Service at the inquest touching the death of a former veteran with PTSD who took his own life.
    • Re PQ (2023) – Representing Cwm Taf Health Board in relation to the early neonatal death of baby PQ on the maternity unit at the Prince Charles Hospital.
    • Re: CK Jones (2023) – Represented prison into the death of a man following use of psychoactive substances.
    • Re: Ben Fountain (2023) – Representing Gloucester Police in relation to the self-inflicted death of a young man on police bail.
    • Re: Robert Angus (2023) – Representing G4S in respect of the death of an inmate during the Covid-19 lockdown.
    • Re: Rochelle Ravenscroft (Sept 2022) – Represented Children’s Services in relation to the inquest of a young mother who died from Sodium Nitrite poisoning.
    • Re: Peter Pearson (August 2022) – Represented nursing home following an elderly patient’s death from aspiration Pneumonia.
    • Re: Amanda Goodings (August 2022) – Represented care home following death of an elderly patient from necrotic pressure ulcers.
    • Re: Keira McCalla (May 2022) – Representing Gloucester Constabulary in relation to the death of woman with mental health difficulties and who was at the time a missing person.
    • Re: Robert Jones (March 2022) – Representing psychiatric unit following the death of a man who absconded and the placed himself before a moving train.
    • Re: MJ (January 2022) – Two week inquest touching the death of a teenage girl who took her own life whilst in a psychiatric unit.
    • Re: Keith Dean (December 2021) – Representing Housing Services following the death of a homeless man during the pandemic.
    • Re: Christopher Slade (Nov 21) – Representing G4S / HMP Parc in an inquest concerning a self-inflicted death and involving issues around the conduct of a former prisoner officer.
    • Re: Dorothea Hale (June 2021) – Represented the GP and Ltd Company who owned one of the care homes investigated under the multi million pound police investigation, Operation Jasmine and the public inquiry (Flynn Review) into care home abuse in South Wales. 4 week inquest.
    • Re: Alexanda Cusworth (2021) – Represented HMP Dartmoor and the National Probation Service following the murder of one inmate by another in the kitchen area. 2 week inquest.
  • Fraud

    Fraud

    Emma is experienced in personal injury fraud matters in respect of liability and quantum issues. She deals with low velocity claims, cases where malingering may be suspected, exaggerated claims, cases where interim payments have needed to be clawed back, and she has successfully obtained vexatious litigant orders in matters where a litigant in person has brought numerous suspicious claims.

    Recent cases:

    • S v P – (For Claimant) FND diagnosed and Defendant asserted malingering.
    • L v W (For Cl) – high value quantum case –  catastrophic lower limb injuries – D alleged FD following surveillance evidence.
    • T v B&M Retail – (for D) – significant reduction in value of claim following interrogation of social media and surveillance showing Cl had exaggerated upper limb injuries.