Emma Smith

Civil and Family Barrister

Year of Call
2005

emma.smith@walnuthouse.co.uk

Civil Law

Overview

Emma accepts instructions from Claimants and Defendants in a wide range of civil actions.

Her personal injury work includes accidents at work, road traffic accidents and public liability claims. The range of subject matters in which Emma has acted is wide-ranging including highways claims, assaults in care homes, accidents during sporting events / outdoor pursuits and accidents on holiday. Her work is predominantly in the multi track and fast track, although she regularly accepts instructions for Stage 3 oral hearings and for small claims credit hire hearings.

M v F
Emma acted for a claimant who was injured whilst boarding a commercial aircraft. Much of the liability argument turned on the definition of an ‘accident’ within the Montreal Convention. The Claimant was successful in the County Court and judgment was upheld on appeal, where Emma continued to represent the Claimant.

W v O
Successful claim against a nightclub where a visitor slipped on a wet floor and suffered significant knee damage. The Claimant was unable to pursue career in armed forces due to injury so claim included loss of pension.

M v SCC
Successful claim against the Claimant’s school under the Occupiers’ Liability Act 1957 where the nature of an external door meant that the Claimant, who had Special Educational Needs, needed additional help to navigate it.

J v N
Drafting particulars of claim where the Defendant was sued as an emanation of the State.

Family Law

Overview

In 2020 Emma broadened her practice to include family proceedings, in both public and private law matters. She regularly represents parents in Private Law proceedings, addressing issues such as contact, domestic violence, parental alienation and residence.

Emma is also pleased to accept instructions in respect of occupation and non-molestation order hearings.

Personable and approachable to clients, Emma has a practical and down-to-earth style both in conference and in court.

Biographical and Other Information

Membership
Member of PIBA
Academic
Bar Vocational Course (The College of Law, London), MA (University of Cambridge) (Classics).
Air Traffic Controller
Before coming to the Bar, Emma was an Air Traffic Controller in the Royal Air Force for 8 years and since retiring from the RAF has undertaken studies in airline operations.
Interests
In her spare time, Emma enjoys supporting Exeter Chiefs and walking her retired greyhound.

Civil Law team members

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Mark Treneer

Year Of Call : 1987

The main focus is in ancillary relief (financial remedies) for husbands, wives and children, especially where there are trust and/or business assets and farms. Mark cuts through volume of paper to the core and critical issues and is focussed and blunt with his clients and the Court alike.

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Hugh Cornford

Year Of Call : 1994

Hugh has extensive experience acting for Local Authorities, parents, grandparents, Guardians and proposed special guardians in care proceedings, including representing young and vulnerable parents, clients with learning difficulties and clients with chronic health conditions.

hugh.cornford@walnuthouse.co.uk View Profile

Lara Spencer

Year Of Call : 2000

Lara has represented both Claimants and Defendants in a variety of matters for over 20 years. She has a wide general civil litigation practice, and has given numerous Continuing Professional Development talks and seminars. She is certified to conduct all aspects of litigation, and therefore is certified to carry out all the legal work that not only barristers do, but also those legal activities usually reserved to solicitors.

lara.spencer@walnuthouse.co.uk View Profile

Barry White

Year Of Call : 2004

Barry is an experienced junior, who defends serious criminal cases including violence, sexual offences, dishonesty and drugs. He also prosecutes and defends in regulatory & quasi-criminal matters.

barry.white@walnuthouse.co.uk View Profile

Emma Smith

Year Of Call : 2005

Emma is a practitioner who accepts instructions in both civil and family law. Personable and approachable to clients, Emma has a practical and down-to-earth style both in conference and in court.

emma.smith@walnuthouse.co.uk View Profile

Louise Asprey

Year Of Call : 2007

Louise has a diverse practice and represents both landlords and tenants, ensuring that she is familiar with the concerns and issues troubling both sides. She regularly deals with possession cases arising out of mortgage repossession claims and allegations of antisocial behaviour.

louise.asprey@walnuthouse.co.uk View Profile

Felicity Payne

Year Of Call : 2010

Felicity is a common law barrister with an established and varied practice in all aspects of criminal and civil law. Felicity is thorough, practical and robust in her approach, whilst remaining personable.

felicity.payne@walnuthouse.co.uk View Profile

Laura Searle

Year Of Call : 2011

Laura is a family barrister with a busy and varied practice acting and advising in public and private law proceedings, applications for injunctive relief and financial remedy proceedings. She is a personable and approachable advocate who prides herself on going the extra mile for her clients. She has studied and worked internationally in France, Brussels, Luxembourg and New Zealand and is a Denning and Eastham Scholar of Lincoln’s Inn

laura.searle@walnuthouse.co.uk View Profile

Mark Treneer (1987)
Hugh Cornford (1994)
Lara Spencer (2000)
Barry White (2004)
Emma Smith (2005)
Louise Asprey (2007)
Felicity Payne (2010)
Laura Searle (2011)