Emma Waldron

Year of Call: 2011
Email Address: emma.waldron@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Emma Waldron predominately practises in the fields of Personal Injury, Clinical Negligence, Education law and Family law, although she also has experience of conducting trials and drafting statements of case in Commercial disputes. She appears in court on a daily basis. She has extensive experience of conducting trials, disposal hearings, applications and appeals. Emma also has considerable experience in advising on and representing parties at enforcement proceedings.

Emma is willing to act on a Conditional Fee basis where appropriate.

Prior to joining the bar, Emma acted as a Teaching Assistant in a primary and secondary school for children with disabilities, including severe, profound and multiple learning disabilities. She was also a care worker in a residential home for adults with disabilities.

Expertise

  • Clinical Negligence
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    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.

    Recent cases:

    • 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.

    Legal Publications
    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.

  • Education
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    Emma is regularly instructed on behalf of parents, young persons, schools, academies, local authorities and Universities to advise on all aspects of Education Law including (but not limited to):

    • SEND
    • Disability Discrimination
    • Negligence within schools, including claims for inadequate educational provision
    • Bullying claims
    • Admissions Appeals (including infant class size appeals)
    • Complex Admission Arrangements
    • School Transportation
    • Exclusion Appeals
    • Breach of contract claims against fee-paying schools and Universities (including claims for misrepresentation)
    • Claims for unpaid fees
    • Deprivation of liberty safeguarding orders
    • Academic appeals.

    Emma has recently delivered lectures and training to local authorities, governing bodies and parents on the recent changes to SEN law as implemented by the Children and Families Act 2014. She has also recently lectured to experts on the topic of the implications of the Care Act 2014 in the field of Education Law.

    Prior to joining the bar, Emma was as Teaching Assistant in a school for children with disabilities. She has recently been appointed as a Governor at that school, which provides her with a useful and practical insight into this area of law. Emma also worked as a Care Assistant in a residential home for adults with disabilities for a number of years.

  • Family
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    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
    • Deputyship.

    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.

    Recent cases:

    • 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.
  • Mediation
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    Emma is an ADR Group Accredited Mediator.

  • Personal Injury
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    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
    • LVI
    • 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.

    Publications

    • 2nd Sep 2016

      Emma Waldron provides a brief update on the latest development in respect of costs of MOJ Portal drop out "disposal hearings" and considers the potential impact of the case which has been given permission to appeal Bird v Acorn Group Limited

      View Publication

Academic qualifications

  • BPTC (BPP Law School, 2010-2011) – Outstanding
  • GDL (BPP Law School, 2009-2010)
  • BA (Hons) Politics (St Chad’s College, University of Durham)

Scholarships

  • Harmsworth and Astbury Scholar, Middle Temple
  • Certificate of Honour, Middle Temple
  • Ian Graham Award for outstanding contribution to student life, University of Durham

Professional qualifications & appointments

  • ADR Group Accredited Mediator

Professional bodies

  • Education Law Association (ELAS)
  • Member of the Association of Women Barristers
  • Personal Injury Bar Association (PIBA)

Direct Access

Emma Waldron is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

More Information

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