Emma Bennett

Called 2004

About

Emma Bennett is an extremely capable and adaptable advocate whose broad practice has given her vast experience of appearing alone and as a led junior. She has an extensive criminal law background which has led to her being instructed in some of the country’s most high profile cases.

Emma is described as “a strong junior” [Chambers and Partners] and “a go to barrister, who loves a scrap and usually wins” [Chambers and Partners]. She is regularly instructed in trials and at inquests because she is known as a “robust advocate” [Chambers and Partners] who “puts her clients at ease and wins over juries” [Legal 500], a “real fighter and a rising star” [Chambers and Partners] and she quickly masters a case and her clients love her” [Legal 500].

 

Areas of Expertise

Accolades

Emma acts for the full spectrum of Interested Persons at inquests.

She has past experience as a criminal defence barrister in high profile cases. Her ability to manage complex disclosure and cross examine witnesses on sensitive issues is of benefit to her clients.

Emma has appeared at many inquests. Recent instructions include.

Article 2 inquest. Emma acted for the family of the deceased who had been detained under the Mental Health Act at the time of his death. The coroner made a finding of neglect by the local authority and issued a prevention of future deaths report.  This case was discussed in Parliament in relation to the effect Regulation 28 reports.  Instructed by Irwin Mitchell, Sheffield.

https://twitter.com/EmmaLewellBuck/status/1651582367302053890?s=20

Conclusion of misadventure. Emma acted for the Local Authority Children’s Services after a mother took her own life when access to her children had been restricted. Instructed by Thomas Boden, head lawyer of the safeguarding team at North Tyneside Council.

Acted for a Healthcare Trust. Conclusion of natural causes.  Emma acted for the trust after the death of a little girl with a rare form of cancer where there were issues as to the standard of her inpatient care.  Instructed by DWF, Manchester.

Article 2 inquest following a death in custody.  Emma acted for the family. There was a known history of mental health and several suicide attempts by the deceased.  Numerous failings by the prison service were highlighted by the coroner.

Acted for the insurers.  Conclusion was road traffic collision.  No wrongdoing highlighted on behalf of the driver. Instructed by Horwich Farrelly, Manchester.

Acted for the family in a child fatality following a road traffic collision. Emma appeared at the inquest and for the family in Civil claim where liability was denied in full. During proceedings the Defendant accepted a Claimant Part 36 out of time for the full value of the claim. Instructed by Maria Harvey at Irwin Mitchell, Newcastle.

Article 2 inquest. Emma acted for the Healthcare Trust.  Key evidence concerned telemetry alarms inadvertently being turned off.  The coroner accepted that causally this had no impact and rejected a submission of neglect by the family and made a conclusion of death by natural causes. Instructed by DWF, Newcastle and The Newcastle Upon Tyne Hospitals NHS Foundation Trust.

Article 2 inquest.  Emma acted for the family. The coroner made a finding of neglect against Trust for failing to diagnose toxic megacolon which would have prevented the death.  The inquest involved the cross examination by Emma of court appointed medical experts.  Instructed by Kathryn Pitters, regulatory barrister at Irwin Mitchell, Sheffield.

https://www.parklaneplowden.co.uk/emma-bennett-successfully-acts-for-family-against-a-hospital-trust-whose-care-contributed-to-death/

Delayed death. Emma Acted for the family following the deceased’s death following a fall two weeks after a road traffic accident. Separate Home Office pathologists disagreed over the cause of death.  The coroner made a finding that the death was as a result of the road traffic collision.  Instructed by Maria Harvey at Irwin Mitchell, Newcastle.

Emma has a thorough understanding of medical law being one of a small number of barristers who has obtained a Masters degree in Medical Law and Ethics.  She has presented for the General Medical Council in a regulatory setting.  This frequently involved the cross examination of medical professionals.  Emma has also cross examined experts in numerous fields in her previous extensive criminal practice.  This vast experience in being able to cross examine experts and her extensive legal knowledge means that Emma is in very high demand for this type of work.

Emma likes to be involved in her cases from the beginning and is frequently asked to advise on cases pre-issue.  Emma is also instructed to draft pleadings, advise and attend interim and final hearings.  She prides herself on her very quick turnaround of paperwork.

Emma has experience of claims where the underlying allegations concerns the handling of injury litigation. She has a great deal of experience cross examining legal, medical and financial professionals at trial.

Emma has a growing education law practice and is happy to accept instructions on behalf of local authorities and governing bodies of school and colleges.

Emma undertakes a broad range of health and welfare matters in the Court of Protection.  She is instructed to attend applications, round table meetings and final hearings.

Recent instructions relate to deprivation of liberty in the hospital and in the proposed home placement as well as capacity as the safeguarding authority in respect of any concerns raised.

Emma undertakes a broad range of property and affairs matters in the Court of Protection.

She accepts instructions from all interested parties, including the Office of the Public Guardian, Local Authorities, P and family members.  Of note, she regularly appears in applications regarding the mismanagement of P’s funds and removal of deputies and/or attorneys.

Recent instructions include concerns around the financial mismanagement by those appointed as LPA, revoking the LPA and the appointment of the interim panel deputy to manage P’s property and financial affairs.

Chambers and Partners

Recommended as a leading junior since 2013        

Her relationship with clients is very good.  She is a robust advocate, but in a reassuringly calm way.

“She’s great on her feet and can stand her ground.”

Emma is incredibly hard working and a delight to work with.  She takes away the solicitor burden in the amount of work she takes on.

A go-to barrister, she loves a scrap and she usually wins!

A strong junior with wide ranging experience across fraud, sexual offences, serious violence and drugs matters.”

Having arrived from London has made her presence felt…One solicitor commenting that she is a real fighter and a rising star.”

Legal 500

Recommended as a leading junior since 2016

 She quickly masters a case and her clients love her

Her organisational skills and attention to detail are admirable.”

A fantastic barrister who puts her clients at ease and wins over juries.”

  • Professional Negligence Bar Association
  • The Fraud Lawyers Association

Emma has been involved in some of the country’s most high profile cases.  She has also successfully appeared at the Court of Appeal in her own reported case which resulted in her clients conviction being quashed.

R v T [2013]All ER (D) 331

Emma acted for the appellant in an appeal against his conviction due to the Judge’s summing up in the Crown Court and adverse inference direction. Emma acted in the Crown Court and on appeal and secured a finding that the Judge’s directions was contrary to Section 34 Criminal Justice and Public Order Act 1994 in that it was unfair and rendered the conviction unsafe.  The conviction was quashed and the prosecution’s application for a retrial was refused.

Operation Troop

Emma acted for a defendant in a joint enterprise gangland murder.  The victim was an alleged member of Rusholme Cripps and an affiliate of Salman Abedi, the Manchester Arena suicide bomber.  Emma was led by Gordon Cole QC.

https://www.theguardian.com/uk-news/2017/aug/08/gang-members-guilty-of-hunting-down-and-killing-18-year-old-in-street  

Hillsborough Prosecutions

Emma was instructed as part of the disclosure team in the prosecution of 3 former police officers for their alleged involvement in the events arising out of the Hillsborough disaster in 1989. All defendants were acquitted.

Operation Valgus

Emma acted a for surveyor George Walker in a £20 million mortgage fraud in a trial at Mould Crown Court lasting over 5 months.  Mr Walker was the only acquitted defendant. Emma was led by Richard Littler QC.

https://www.bbc.co.uk/news/uk-wales-22819018

Operation Barber

Emma acted for a company director in a long firm fraud said to have taken place over several years and caused losses in excess of £4.5 million. The trial in Southwark Crown Court lasted for 2 months.

https://www.gov.uk/government/news/10-year-investigation-ends-as-final-offenders-are-sentenced

Operation Harehill and operation Doteford

Emma acted for defendant’s in high profile grooming gang prosecutions in the North of England.

https://www.bbc.co.uk/news/uk-england-leeds-36559092

  • Nottingham Law School LLB
  • Sheffield University Medical Law and Ethics LLM
  • University of Northumbria, Newcastle Bar Vocational Course
  • Kaplan Law School Direct Access Qualified
  • Authorised to conduct litigation