Emma Dixon

Emma undertakes a wide range of public law work, and especially enjoys getting to grips with complex and specialised areas (including those with EC implications) in a short space of time.

Specific experience includes the following.

Environment:

Environmental judicial review accounts for a significant proportion of Emma’s public law practice.  She is regularly instructed to appear in, and advise on, environmental cases for both claimants and defendants.  A selection of these are referred to below.

Emma (with Mike Fordham QC) recently represented the claimant in a landmark judicial review of Government pesticides policy:  R (Downs) v DEFRA [2008] EWHC 2666 (Admin), The Times 1 December 2008; [2009] EWCA Civ 664 (CA).  Emma and Mike also successfully represented the claimant environmental campaigner in the House of Lords challenge to policing of the Critical Mass cycle ride:  Kay v Commissioner of Police of the Metropolis [2008] UKHL 69.  They represented Buglife, the Invertebrate Conservation Trust, before the Court of Appeal in its judicial review relating to the protection of biodiversity in planning law:  R (Buglife) v Thurrock Thames Gateway Development Corporation [2008] EWHC 475 (Admin); [2008] EWCA Civ 1209, The Times 18 November 2008.  In 2007, Emma and Mike represented WWF in its challenge to Export Credits Guarantee Department funding of the Sakhalin oil pipeline in the Russian far east.

Emma acted with John Howell QC for Anglesey County Council in declaratory proceedings relating to the building of a marina in a disputed statutory shell fishery:  R (Deepdock) v National Assembly for Wales [2008] EWHC 921 (QB); [2009] EWCA Civ 94.  She recently argued a statutory appeal to the Administrative Court on the question of the extent of the duty of disclosure on a developer in proceedings before a planning inspector, where she also successfully defended a protective costs order on the Secretary of State’s appeal to the Court of Appeal:  Eley v Secretary of State for Communities and Local Government [2009] EWCA Civ 1632 (PCO); [2009] EWHC 660 (Admin).

Emma has recently been instructed in a judicial review of the Secretary of State for Energy and Climate Change relating to renewable energy policy.  She also advises public bodies and others on a range of environmental issues, including in relation to the Habitats Directive, Environmental Impact Assessment and environmental information.  Later this year, she will appear as junior counsel for the claimant before the Court of Appeal in the case of Cooper v Attorney-General, the first case of its kind in this jurisdiction in which damages have been sought against the State for non-implementation of EC law (in this case EIA requirements) by a national court.

Emma is a referral member of the Environmental Law Foundation (ELF).  She frequently speaks on environmental law topics to a wide range of audiences, which have recently included DEFRA and ELF.

Equality:

Emma has for many years specialised in equality law, with a particular focus on sex and disability discrimination, and Article 14 ECHR cases.  Emma recently appeared for the Secretary of State (with Dinah Rose QC) in the ‘Heyday’ judicial review of the default retirement age for employees (R (Age UK) v Secretary of State for Business, Innovation and Skills, Administrative Court – judgment pending).  Emma and Dinah also appear for the Secretary of State (intervening) in the related case of Seldon v Clarkson Wright and Jakes (Court of Appeal, pending).

Emma appeared as junior counsel for the Secretary of State in the case of R(Garnham and Harrison) v Secretary of State for Health [2009] EWHC 574 (Admin) (pending in the Court of Appeal), an Article 14 claim relating to the making of cash payments to patients in the NHS.

Emma has advised the Government on the implementation of the Employment Directive; on proposed reform of the Disability Discrimination Act (where her advice was published to the Disability Rights Commission); and on ECHR and pensions aspects of the Civil Partnerships Bill.

Emma has been involved in a number of other high-profile public-law discrimination cases including in the ECtHR and ECJ.  She regularly advises public bodies in relation to their public law obligations under the equality legislation, including in relation to (sex, race and disability) equality schemes and to enforcement proceedings by the Equality and Human Rights Commission (“EHRC”).  She was also recently instructed by the GMC (with Robert Englehart QC) in a DDA challenge by a disabled medical student to its competence standards for doctors.

Emma is a contributor to Tolley’s Discrimination in Employment Handbook (2008).

Health:

Emma recently appeared as junior counsel in the case of R(Garnham and Harrison) v Secretary of State for Health [2009] EWHC 574 (Admin) (above) (pending in the Court of Appeal), in which the Court considered the history of the NHS and its statutory framework when ruling on the question of whether cash payments could be made to patients in lieu of medical services.

Emma advised on the draft Mental Health Act code of practice, and was appointed Counsel to Lord Carter’s Working Party on regulation of the pharmaceutical profession.  She is instructed by the Department of Health in a judicial review by Clifford Ayling of its recommendations resulting from the Ayling Inquiry.

Emma has advised central Government on a wide range of health issues, including:  human fertilisation and embryology (including EC aspects); assisted dying (including the recent private member’s Bill); and medical ethics and healthcare (including HIV; testing and vaccination of health-care workers; and consent issues). 

She has advised an NHS Trust in relation to a doctor subject to criminal and coroners’ proceedings, and has appeared before the Care Standards Tribunal in relation to social workers’ disciplinary matters.  Emma also appears in a number of medical/healthcare professional disciplinary matters – see below under Professional Disciplinary.

Police/Criminal Law:

Emma represented the Independent Police Complaints Commission, before a three-judge Divisional Court, in the judicial review relating to the Metropolitan Police shooting of Jean Charles de Menezes (R (da Silva) v DPP and IPCC [2006] EWHC 3204 (Admin), [2006] 1 Pol LR 176).  Since then, she has represented the IPCC in  number of other judicial review matters.   She also, with Beverley Lang QC, successfully represented the Criminal Cases Review Commission, in the case of R (Director of Revenue and Customs Prosecutions) v CCRC (2007) 1 Cr App R 30.

Emma (with Mike Fordham QC) recently successfully represented the claimant environmental campaigner in the House of Lords challenge to policing of the Critical Mass cycle ride:  Kay v Commissioner of Police of the Metropolis [2008] UKHL 69.

Professional Disciplinary:

Emma is regularly instructed by the General Medical Council, both in advisory matters and in court.  Recently, she has been instructed with Robert Englehart QC in the cases of George v GMC (independence of legal assessors) and BMA v GMC [2008] EWHC 2602 (Admin) (age discrimination and legitimate expectation); and herself represented the GMC in the case of Rogers v GMC [2008] EWHC 2741 (Admin), concerning the effects of a police caution for a criminal offence on a doctor’s fitness to practise.

Emma is also instructed by other professional regulators, including the Hearing Aid Council in relation to statutory appeals to the Administrative Court.

Social Security:

Emma gained an overview of the full range of social security benefits while advising on the social security and occupational pensions aspects of the Civil Partnerships Bill.  Last year she successfully represented the Secretary of State in the Court of Appeal in a case concerning income support for asylum seekers (Tkachuk v SSWP [2007] EWCA Civ 515 (CA)).  

She appeared for the Secretary of State in the case of Lassal v SSWP [2009] EWCA Civ 157 (pending before the ECJ) in which the Court of Appeal referred to the ECJ questions relating to the temporal scope of the EU citizenship directive.     

Other:

Recent examples of other work include appearing for the Secretary of State in a number of immigration judicial reviews; advising on EC law vitamin labelling requirements; advising on the meaning of ‘public authority’ in the Freedom of Information legislation; and advising on the EC law status of citizens of Northern Cyprus.

Key cases include: 

R (Ayling) v Dept of Health 2008 (Admin Court; pending in the Court of Appeal)
Counsel for the Secretary of State in this challenge to Government decisions arising out of the Ayling enquiry.

R (British Medical Association) v General Medical Council [2008] EWHC 2602 (Admin)
Counsel, with Robert Englehart QC, for the General Medical Council in this case concerning age discrimination and public law legitimate expectation.

R (Buglife) v Thurrock Urban Development Corporation [2008] EWHC 475 (Admin); [2008] EWCA Civ 1209, The Times 18 November 2008 (Protective Costs Order); [2008] EWCA Civ 1209 (substantive).
Counsel, with Michael Fordham QC, and instructed by Richard Buxton environmental and public law, for the claimant Invertebrate Conservation Trust.

Christmas v Hampshire County Council [1998] ELR 1 (High Court)
Junior counsel for the plaintiff in the first trial of an action for damages in negligence against a local education authority in relation to its teachers' failure to recognise and treat a child's special education needs.

R (da Silva) v (1) DPP (2) IPCC [2006] EWHC 3204 (Admin), [2006] 1 Pol LR 176 (Divisional Court)
Counsel for the Independent Police Complaints Commission in this challenge to prosecution decisions in relation to the police shooting, at Stockwell underground station, of Jean Charles de Menezes.

R (Deepdock Ltd) v Welsh Minister and anr [2008] EWHC 921 (QB) [2009] EWCA Civ 94.  Complex multi-party judicial review claim, with additional Part 8 declaratory proceedings, relating to respective rights of fisheries committee, fishermen, local authority, the Crown and developers as to building of marina in disputed statutory mussel fishery.  Counsel for the Local Authority and the Crown Estate, with John Howell QC.  

R (Director of Revenue and Customs Prosecutions) v CCRC (2007) 1 Cr App R 30 (Admin Court)
Counsel, with Beverley Lang QC, for the defendant, the Criminal Cases Review Commission, in this judicial review by a prosecutor of referrals of money-laundering convictions on the basis of a subsequent change in the common law.

R (Downs) v DEFRA [2008] EWHC 2666 (Admin), The Times 1 December 2008; [2009] EWCA Civ 664 (CA).
Counsel for the claimant, an award-winning pesticides campaigner, with Michael Fordham QC, in this landmark JR challenge to Government pesticides policy.  

Eley v Secretary of State for Communities and Local Government [2009] EWCA Civ 1632 (PCO); [2009] EWHC 660 (Admin)
Counsel for the claimant in this statutory planning appeal raising a point of general importance as to the duty of disclosure upon an applicant for planning permission in proceedings before a Planning Inspector.  

Jämställdhetsombudsmannen v Örebro Läns Landsting [2001] ICR 249 (Case C-236/98, ECJ)
Counsel, with Lord Lester QC, for the Swedish Equal Opportunities Ombudsman in this case dealing with principles of EC equal pay law.

Kay v Commissioner of Police of the Metropolis [2008] UKHL 69 (HL)
Counsel (with Michael Fordham QC and instructed by Phil Michaels, Friends of the Earth Rights & Justice Centre) for the claimant, a cyclist and environmental educator, in this challenge relating to the policing of the monthly Critical Mass Cycle Ride.  

Lassal v SSWP [2009] EWCA Civ 157 (pending before the ECJ)
Social security case in which the Court of Appeal referred to the ECJ questions relating to the temporal scope of the EU citizenship directive.     

Reynolds v Times Newspapers [2001] 2 AC 127 (HL)
Junior counsel for the Sunday Times in this case where the CA and HL reconsidered the boundaries of the defence of qualified privilege for political discussion in the light of the right to freedom of expression and Article 10 ECHR.

Rogers v General Medical Council [2008] EWHC 2741 (Admin)
Counsel for the General Medical Council, successfully defending this statutory appeal raising questions as to the effect on a doctor’s fitness to practise of a police caution.

Tinnelly and McElduff v United Kingdom (1998) 27 EHRR 249 (ECtHR)
ECHR Article 6 and Article 14:  national security certificates barring access to a court for religious/political discrimination claim.  Junior counsel for the applicants.

Tkachuk v SSWP [2007] EWCA Civ 515 (CA)
Counsel for the Secretary of State in this case relating to the provision of income support to asylum-seekers.

Publications: 

Contributor to:

• Butterworths’ Human Rights Law and Practice (1999) and Supplement (2000) responsible for ECHR Articles 6 (right to a fair hearing) and 14 (non-discrimination)
• Sweet & Maxwell’s Administrative Court: Practice and Procedure (2006) responsible (with Tom de la Mare) for chapter on remedies
• Tolley’s Discrimination in Employment Handbook (2008) responsible (with a contributor from Baker & McKenzie) for disability discrimination