Emma Dixon is a highly rated public law, employment, regulatory and EU practitioner.  She specialises particularly in challenges relating to charities; civil liberties and human rights; commercial JR; discrimination and equality; EU law; financial services; health and social security; regulatory and professional disciplinary matters; and religious organisations.  

Emma is frequently instructed to appear on her own against Queen’s Counsel.  She has extensive experience of advising central and local Government and her clients include a broad range of public bodies such as: British Waterways, the Charity Commission, the Environment Agency, the Equality and Human Rights Commission, the General Medical Council, Her Majesty’s Inspectorate of Constabulary, the Human Dignity Trust, the Independent Police Complaints Commission, Ofwat, the Royal College of Pathologists and the Solicitors Regulation Authority.  

Emma also represents a wide range of private sector clients including financial institutions; charities and trades unions; and religious bodies.

As well as her domestic practice, Emma has appeared in a number of cases before the ECJ.

Emma is recommended as a leading junior by both of the leading legal directories.

Experience

Shortlist

Public & Regulatory

Emma acts for both claimants and defendants in a wide variety of cases, ranging from commercial and regulatory judicial review to discrimination law challenges before the Administrative Court and in specialist tribunals.  She represents individual and corporate claimants and a wide range of public body defendants, as well as charities and NGOs. Emma’s public law practice covers a wide range of areas and interests including in particular:  charities; discrimination and equality; environment; health; police/criminal law; protective costs; and social security.  

In the regulatory law field, Emma has particular expertise in the following areas:  charities (including appearances before the Charity Tribunal and Upper Tribunal both for and against the Charity Commission);  environment (including regulatory cases involving the Environment Agency, British Waterways and Ofwat); EU law; healthcare (including cases involving the GMC and other regulators in the field such as the PSA, as well as a number of Royal Colleges); financial services (including enforcement action by the FCA); HFEA issues; legal affairs (including cases for the SRA and Solicitors’ Disciplinary Tribunal); police (Emma has acted for both HMIC and the IPCC) and pharmacies regulation.

Cases

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Civil Liberties & Human Rights

Emma is a human rights practitioner who has appeared before the ECtHR and the ECJ as well as arguing human rights and discrimination law points before a wide variety of domestic courts and tribunals.  She takes a particular interest in cases involving the right to a fair trial; freedom of expression; property rights; and the right to equality/non-discrimination (with particular breadth and depth of experience in cases relating to ECHR Article 14 and domestic equality legislation).

Emma takes a particular interest in cases involving religious rights and freedoms, including the interaction between the rules of particular religions and discrimination law.  She has given seminars on religion and discrimination and recently acted as a volunteer judge at the LSE LGBT mooting competition considering a problem relating to sexual orientation discrimination and religious freedom.  Emma was also instructed (with Tom Cleaver) on behalf of a religious organisation in a civil claim for damages in relation to childhood abuse.  

Cases

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Discrimination

Emma has for many years specialised in equality law, with particular breadth and depth of expertise in challenges under Article 14 ECHR and those relating to discrimination on grounds of disability, religion, sex, sexual orientation and transgender status. 

Emma takes a particular interest in cases involving religious rights and freedoms, including the interaction between the rules of particular religions and discrimination law.  She recently acted as a volunteer judge at the inaugural LSE-Featherstone LGBT mooting competition considering a problem relating to sexual orientation discrimination and religious freedom.

Emma was a member of the Bar Pro Bono Unit’s Developing Discrimination Advice Mentoring Scheme, which paired discrimination law practitioners with more than ten years’ experience with front line advisers in third sector organisations.  In this capacity she mentored an adviser at Terrence Higgins Trust and subsequently at Equity, the performers’ union.

Cases

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Environment

Emma has broad experience of environmental law in diverse fields, including: animal experiments; biodiversity; climate change; the CRC energy efficiency scheme; environmental impact assessment (EIA); electricity; energy; EU environmental law; Export Credit Guarantee issues; fisheries; habitats; marine environment; pesticides; planning; the precautionary principle; renewable energy (including ROCs); sewerage and water supply; State Aid; sustainable communities; village greens; waste; water resources; waterways; and wildlife.

Cases

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EU & Competition

Emma has for many years had a significant EU law dimension to her practice.  She has particular knowledge of EU discrimination law and environmental law and has also been involved in cases involving State Aid and freedom of movement issues as well as those involving general principles of EU law.  For example, she acted in the landmark case of Cooper v Attorney General [2011] QB 976, which considered the extent of Francovich liability of a UK court which had made an error of EU law.  Emma has also been instructed by the UK Government in a number of ECJ cases.

Cases

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Employment

Emma has longstanding and very extensive experience of employment law and was in the early years of her practice an almost daily visitor to Employment Tribunals around the country.  She now appears mainly in the appellate courts in employment cases, including as a member of the ELAAS (Employment Lawyers Appeals Advice) scheme.  

Cases

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Financial Services

Emma’s undergraduate degree was in mathematics (at Trinity College, Cambridge) and, prior to her call to the Bar, she completed an internship at a city financial institution, carrying out a project relating to the use of financial derivatives to hedge its loan portfolio.  Her mathematical background means that she particularly enjoys undertaking financial services work and she is currently instructed in a number of financial services cases in the regulatory and public law field.  She has particular experience of matters relating to structured products and to PPI mis-selling.

Shortlist

Media & Entertainment

Emma has for many years pursued a particular specialism in public law matters relating to journalism and the media.  She was junior counsel in the landmark case of Reynolds v Sunday Times [2001] 2 AC 127 (protection for political speech) and advised the BBC in relation to the passage of the Broadcasting Act and Defamation Act 1996.

She now regularly advises broadcasters as to their public law obligations, including in relation to freedom of speech, discrimination law and political/election issues.

Achievements

Education

BA Hons (Cantab)

Selected earlier reported cases

Public & Regulatory

  • R (Tate & Lyle) v Secretary of State for Energy & Climate Change [2011] ACD 92
  • R (Medical Justice) v SSHD [2011] 1 WLR 2852
  • R (Age UK) v Secretary of State for Business, Innovation and Skills [2010] ICR 260
  • Isle of Anglesey CC v Welsh Ministers [2010] QB 163
  • R (Buglife) v Thurrock Thames Gateway Development Corporation [2009] Env LR 18
  • R (Director of Revenue and Customs Prosecutions) v CCRC [2007] 1 Cr App R 30
  • R (Da Silva) v DPP [2006] Po. L.R. 176
  • Christmas v Hampshire CC [1998] ELR 1

Civil Liberties & Human Rights

  • R (Age UK) v Secretary of State for Business, Innovation and Skills [2010] ICR 260
  • R (Garnham & Harrison) v Secretary of State for Health (2009) 12 CCL Rep 355, [2009] ACD 61
  • Kay v Commissioner of Police of the Metropolis [2008] 1 WLR 2723
  • R (Director of Revenue and Customs Prosecutions) v CCRC [2007] 1 Cr App R 30
  • R (Da Silva) v DPP [2006] Po. L.R. 176

EU & Competition

  • Case C-44/12 Kulikauskas v MacDuff Shellfish & Anr [2011] ICR 48 
  • R (Tate & Lyle) v Secretary of State for Energy and Climate Change [2011] ACD 92
  • Cooper v Attorney-General [2011] QB 976, [2010] 3 CMLR 28 
  • R (Downs) v DEFRA [2009] 3 CMLR 46

Discrimination

  • R (Tate & Lyle) v Secretary of State for Energy & Climate Change [2011] ACD 92
  • R (Age UK) v Secretary of State for Business, Innovation and Skills [2010] ICR 260
  • R (Garnham & Harrison) v Secretary of State for health (2009) 12 CCL Rep 355, [2009] ACD 61

Environment

  • R (Tate & Lyle) v Secretary of State for Energy & Climate Change [2011] ACD 92
  • Cooper v Attorney-General [2011] QB 976, [2010] 3 CMLR 28 
  • Isle of Anglesey CC v Welsh Ministers [2010] QB 163
  • R (Downs) v DEFRA [2009] 3 CMLR 46
  • R (Buglife) v Thurrock Thames Gateway Development Corporation [2009] Env LR 18
  • Kay v Commissioner of Police of the Metropolis [2008] 1 WLR 2723

Employment

  • Case C-44/12 Kulikauskas v MacDuff Shellfish & Anr [2011] ICR 48 
  • R (Age UK) v Secretary of State for Business, Innovation and Skills [2010] ICR 260

Media & Entertainment

  • Reynolds v Times Newspapers Ltd [2001] 2 AC 127 

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