Emma Dixon

Emma does 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:

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.  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 currently represent Buglife, the Invertebrate Conservation Trust, before the Court of Appeal in a judicial review (the first of its kind) on the protection of biodiversity in planning law:  R (Buglife) v Thurrock Thames Gateway Development Corporation [2008] EWHC 475 (Admin), [2008] WLR (D) 59; [2008] EWCA Civ 1209, The Times18 November 2008, [2008] WLR (D) 348.  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:  R (WWF and Corner House) v Secretary of State for Business, Enterprise and Regulatory Reform.  Emma is currently acting, with John Howell QC, for Anglesey County Council in declaratory proceedings (currently before the Court of Appeal) relating to the building of a marina in a disputed statutory shell fishery:  R (Deepdock) v National Assembly for Wales [2008] EWHC 921 (QB).  She is also acting in a test case in the Administrative Court in a statutory planning appeal relating to the duty of disclosure on a developer in proceedings before a planning inspector:  Eley v Secretary of State for Communities and Local Government (CA 5.11.08 (protective costs order); pending before Admin Ct). 

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.  She 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 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.  She was recently instructed by the GMC (with Robert Englehart QC) to 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 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 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.

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).  She now regularly represents the IPCC in 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.

Professional disciplinary:

Emma is regularly instructed by the General Medical Council, both in advisory matters and in court.  This year, she was 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 (Admin Court 9.x.08), 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, for whom she will appear in a statutory appeal early next year.

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 will appear for the Secretary of State in early 2009 in the important case of Lassal v SSWP (Court of Appeal, pending) relating to the temporal scope of the EU citizenship directive.   She also appears before the Social Security Commissioners (now the Upper Tribunal) in more complex cases arising there. 

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 labeling 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] WLR (D) 59 (Mitting J); [2008] EWCA Civ 1209, The Times 18 November 2008, [2008] WLR (D) 348 (Protective Costs Order) (Court of Appeal)
Counsel, with Michael Fordham QC, and instructed by Richard Buxton environmental and public law, for the claimant Invertebrate Conservation Trust in this judicial review exploring for the first time the protection of biodiversity in planning law.

R (Deepdock Ltd) v Welsh Minister and anr [2008] EWHC 921 (QB) (Court of Appeal)
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 (Downs) v DEFRA [2008] EWHC 2666 (Admin), The Times 1 December 2008 (Admin Court)
Counsel for the claimant, an award-winning pesticides campaigner, with Michael Fordham QC, in this landmark JR challenge to Government pesticides policy.  Collins J held that the manner in which controls on crop-spraying had been applied did not comply with the requirements of EC law.

Eley v Secretary of State for Communities and Local Government (CA 5.11.2008 (protective costs order); substantive hearing before Admin Court)
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.  Protective Costs Order granted by Collins J; successfully resisted Respondent’s application to Court of Appeal for permission to appeal against that order. 

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.  The House of Lords (overturning the majority decision of the Court of Appeal) granted a declaration that no notice (under s.11 of the Public Order Act 1986) was required to be given to the police in relation to the Critical Mass ride.

Rogers v General Medical Council (2008) (Admin Court)
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 for criminal conduct which was administered but subsequently revoked by the police force.

Weston v General Medical Council (2008) (County Court)
Instructed with Robert Englehart QC by the GMC in this claim under the Disability Discrimination Act 1995 by a disabled medical student relating to its competence standards for doctors.

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.

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

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.

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.

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.

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' alleged failure to recognise and treat a child's special education needs.

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.

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