Emma Sole

Called in 2005

Civil Fraud

Emma’s practice includes representing clients on both sides of the issue; insurers arguing for findings of fraud and fundamental dishonesty but also Claimant’s defending such allegations. Recently Emma was able to successfully resist a fundamental dishonesty defence and application to disapply QOCS, on behalf of a Claimant, despite the Court expressly finding numerous inconsistencies in her evidence. Emma has also dealt with several contempt of Court hearings, albeit in cases involving breach of Court Orders.

Emma will give clear and practical advice on all issues involved in cases of fraud/fundamental dishonesty, from costs to strike out applications, relying on a wealth of Court-based experience to steer clients through to the best outcome for them.

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Notable Cases

A v Choice Support
Emma acted for the Claimant in an extremely sensitive whistleblowing claim. The case went to appeal in 2022 and further hearings took place in relation to the permanence or otherwise of the Reporting Restrictions. The case required careful consideration of the difference between RROs and anonymisation orders.

Jackson v Kent CC
Disability discrimination & harassment claim. The Claimant was a mental health social worker who was suspended from work for alleged gross incompetence, but who had been diagnosed with mild ADHD, which his employers had failed to take into account when assessing performance and had failed to make necessary adjustments to the workplace. Emma successfully represented the Claimant, who won the majority of the claims. https://www.gov.uk/employment-tribunal-decisions/mr-t-jackson-v-kent-county-council-2300620-slash-2020

Jones v ABM Facilities
Constructive dismissal & harassment case. The Claimant suffered with poor mental health and was found to have been harassed on the grounds of her disability and latterly resigned in circumstances which were found to amount to unfair dismissal. The claim involved difficult arguments on causation, given the Claimant’s ill-health pre-dismissal, however the Tribunal was persuaded that the loss of remuneration stemmed from the earlier harassment and so was recoverable. Ms Y Jones v ABM Facility Services UK Ltd: 2301119/2020 - GOV.UK (www.gov.uk)

Customer Systems PLC v Ranson & Ors
Acted for the Fourth Defendant (unavailable for representation at trial as Emma's due date for her first child fell in the middle of it) in a high value claim concerning the enforceability of restrictive covenants and breach of fiduciary duties.

Lipton Group PLC v Cudd
Successfully acted for the Respondent Appellant in an appeal against an award made for injury to feelings. Award reduced by over 25% from £12,100 to £9,000.

Craven v Orion
Acted for ex-Director/employment Claimant in a successful constructive dismissal claim. Claimant was awarded damages capped at the statutory limit having been persuaded that monthly "Director's Loans" formed part of the recoverable remuneration package and were not repayable.

Mauritius Tourism Promotion Authority v MK Wong Min
Concerned the limits of the considerable leeway given to foreign states who seek to raise the issue of immunity late in the day. Successfully defended the appeal on behalf of the Respondent.

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If you would like to instruct Emma Sole or would like help or advice in doing so, please call and talk to our excellent clerking team, led by Chief Executive/Director of Clerking, Paul Cray. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at chambers@farrarsbuilding.co.uk

For more information about our clerking team, please click here for the clerks page.

Appointments & Memberships

Personal Injuries Bar Association
Employment Lawyers Association
Free Representation Unit

Education & Qualifications

BVC Exhibition 2004, Inner Temple
BVC, Inns of Court School of Law, London
BA Jurisprudence, Trinity College, Oxford

Testimonials

Feedback includes, a senior representative of a Respondent company who described Emma as “a splendid young barrister who has my confidence and undivided attention”, whilst an employee client thanked her, saying “…it was very evident to me that you have outstanding abilities both in preparation and delivery, including an excellent empathy with the client…”. As an example of solicitors’ comments; one employment solicitor was “very pleased” with Emma’s work and explained that she would “have no hesitation in instructing her again”.

Directory Quotes

Emma is ranked as a ‘Leading Junior’ in Employment Law in Legal 500 and was shortlisted for Employment Barrister of the Year in 2024. Testimonials include:

‘Emma is an excellent advocate, approachable and very thorough.’ Legal 500 2024

‘She provides practical advice and is very unflappable and calm – she is an amazing advocate in very difficult and delicate hearings.’ Legal 500 2024

‘Very easy to work with and approachable, amazing attention to detail and very knowledgeable about the law. A brilliant and tenacious advocate, who is client friendly, sympathetic, and fantastic at drafting.‘ Legal 500 2023

Personal Interests

In a previous life Emma’s main hobby was playing hockey, receiving a Blue at Oxford and then playing for Southgate and later Canterbury HC. Although she hung up her stick some years ago, she is now able to get her sports-fix watching her two daughters play in various disciplines (albeit sometimes banished to the car when constructive criticism isn’t welcome). Weekends are spent happily coaxing vegetables to grow on the family allotment, walking and frequenting local, Kentish eateries and hostelries.

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