Emma has been a member of chambers since completing her pupillage in 2007. She is regularly instructed in complex and unusual cases. The majority of her work is based on repeat instruction due to her meticulous case preparation, her diligence and ability to present complex arguments in a clear and succinct manner and an aptitude to impart complicated advice to both professional and lay clients in a straightforward manner.
Emma is instructed in a number of areas of Public Law advising for and against Local Authorities in relation to Child Care (care proceedings relating to neglect, non-accidental injury and sexual abuse), Adult Social Services, Mental Capacity/ Mental Health, and Education Law.
- Child Care – she is frequently instructed by Local Authorities, parents and Children’s Guardians in child care cases including advisory work pre-proceedings, disclosure advice, strategic advice throughout the proceedings and representation at final hearing and in respect of Public Interest Immunity both in the High Court and the Court of Appeal in her own right
- Mental Capacity/Mental Health (County Court, High Court and Court of Protection) – Emma appears regularly for Local Authorities and families in applications for declarations of incapacity and best interests, particularly in relation to health and welfare decisions. Emma is happy to advise on all aspects of the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards. She also receives regular instructions in relation to deputy appointment and decisions about where those lacking capacity should reside. Emma advises on all aspect of the Mental Health Act 1983/2007 including claims for damages pursuant to the Human Rights Act 1998 with particular expertise in Article 5 ECHR (deprivation of liberty), and displacement of nearest relatives, as well as the MHRT for Wales.
- Education - SENTW (for the LEA and parents) and School Admission Appeals (for the LEA, parents and as Legal Advisor to the Appeal Panel)
Disputes with Local Health Boards – including continuing care
- Care Standards Law / negligence of care homes (Grade 5 sacral pressure sores, osteomyelitis)
- Judicial Review in the above areas, and those relating to Immigration and Asylum appeals
- Advisory work and thereafter obtaining injunctive relief including so-called “super injunctions” in the High Court in relation to the publication of case details and case papers in newspapers/ magazines, broadcasts and via electronic mediums; both against individuals and companies (including Google)
- Continual instruction in contract (mainly commercial, both claimant and defendant, fast track and multi track claims) and TOLATA disputes
- Emma is a member of the Chambers Management Committee and regularly provides lectures and seminars for clients / public authorities
"...has a traditional chancery practice, as does the up and coming Emma Sutton".
(Legal 500, 2012)
- Panel of Legislative Draftsmen to the National Assembly for Wales (2008)
- Public Law Wales
- Family Law Bar Association
- LL.B (Hons) 2.1, Cardiff University
- LL.M Commercial Law with Distinction (Masters Research papers all First Class), Cardiff University
- Bar Vocational Course (Post Graduate Diploma) Very Competent, Cardiff University (Outstanding in the Advocacy modules, Drafting and Legal Research)
- Gray's Inn Major Scholar (Bedingfield Award)