Tom Emslie-Smith

Personal injury is a core area of Tom’s practice. He is a specialist practitioner across the range of RTA, EL/PL and travel law work. Examples of Tom’s recent cases include:

• A brain injury case in which the Claimant alleged that she had lost the chance to secure a job having recently completed a vocational course;
• A fatal accident car vs. motorbike claim;
• A finding of 80% contributory negligence against a claimant cyclist where D had stepped from the pavement into his path, D had suffered a catastrophic spinal injury and C had been convicted of dangerous cycling;
• A serious accident where the Claimant was knocked over by a rescue dog, the claim being presented under the Animals Act 1971;
• Numerous cases involving consideration of the legal duties owed by highway authorities and statutory undertakers in relation to street apparatus;
• Successful defence of a landlord in a mould induced asthma claim.

Tom is a contributing editor of Butterworths Personal Injury Litigation Service and Butterworths Law of Limitation.

Tom has particular specialism in clinical negligence. He is frequently instructed in cases settling for over £250,000. He is thorough in his analysis of expert medical evidence and able to give cogent, practical advice on risks and strategy from an early stage onwards.

Tom has acted both for claimants and defendants in numerous fatal accident claims, including those arising from delayed diagnosis of cancer and acute medical admissions. Tom’s cases often involve medical complexity. He has built up expertise and practical knowledge in fields including oncology, nephrology and ophthalmology. Clients appreciate Tom’s manner in conference with clients and witnesses, having handled numerous sensitive cases on both claimant and defendant sides.

Tom has extensive experience in employment law. With a core focus on unfair dismissal and discrimination, he advises and appears before the Employment Tribunal in disputes involving:

• Constructive dismissal
• Redundancy
• TUPE
• Unlawful deduction of wages
• Overnight workers and national minimum wage
• Psychiatric harm

Examples of Tom’s recent cases include:

• A reasonable adjustments case concerning a performance management process drawn out over several years due to the Claimant’s medical condition that arose from the requirements of the job;
• A race discrimination and whistleblowing claim involving protected disclosures about the management of public funds;
• A constructive dismissal case following a refusal to allow time off for jury service;
• A Covid-related unfair dismissal at a perfume store (receiving press-coverage)
• A claim by “sleep-in” overnight workers under national minimum wage legislation complicated by a TUPE transfer.

Tom is willing to take instructions for both claimants and respondents in interim and final hearings.

Tom’s experience with disciplinary investigations, in both the employment and professional regulation contexts, give him an ideal skill set to conduct internal disciplinary investigations. He is able to conduct a thorough investigation in a manner that is sensitive and procedurally fair.

Tom is has significant experience in disciplinary matters before a range of professional regulators.

He has recent experience in proceedings before the NMC, HCPC and fitness to practice and health proceedings, including those involving criminal offences and safeguarding issues.

Tom is also experienced in internal investigatory proceedings, having dealt with numerous disciplinary cases in the employment context.

Tom represents registrants and members as well as regulators and disciplinary bodies.

Tom has particular expertise in travel law and matters involving a cross-border element. He is knowledgeable on issues of jurisdiction and applicable law and has particular trial experience in fundamental dishonesty cases with a cross-border aspect. He provides advice and assistance with applications for service out of jurisdiction. His strong focus on personal injury combined with thorough knowledge of the travel law framework enable him to provide excellent advocacy on all aspects of his cases. Examples of Tom’s recent cases include:

• An appeal in a fundamental dishonesty case regarding an accident in Belgium;
• A product liability claim against a manufacturer based in Taiwan;
• Strike out applications arising from defective service or pleadings.

Tom has a thorough knowledge of insurance law, frequently advising on claims involving insolvent companies, insolvent insurers and indemnity issues. Tom has appeared before Court in a number of cases centering on the interpretation of the European motor insurance framework.

Tom regularly represents parties in fundamental dishonesty trials, particularly those involving LVI and medical causation issues. He is well versed in arguments as to section 57, QOCS, and costs consequences upon findings of FD.

Tom has experience in cases involving fraud rings, a recent example being the ongoing litigation surrounding a ring of allegedly staged accidents involving Tesco delivery drivers.

Tom also has experience of suspected fraud in the running of credit hire matters. He is regularly instructed in matters where enforceability of credit hire agreements is in issue and has appeared in several cases, with some success, in which illegality is raised as a defence.

Tom is frequently instructed in property damage disputes. He is proficient in the law relating to nuisance, product liability, insurance and subrogated recoveries and provides clear and practically focussed advice from pre-issue stage onwards.

Examples of Tom’s recent cases include:

• Several claims involving fires started from marijuana farms in industrial units;
• A claim involving damage during hire and bailment of industrial equipment;
• Subsidence claims;
• Water and fire damage claims.