Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Emmeline practises in all of Chambers’ main areas of work, and has particular experience in employment, commercial disputes, public law and human rights, regulation, sport and safeguarding. She has appeared before a range of courts and tribunals, including the UK Supreme Court. She regularly appears unled in the Employment Tribunal, and has also appeared unled in the Queen's Bench Division and the Companies Court.
Highlights of Emmeline's practice include:
- acting unled for one of four departing employee defendants in urgent applications for delivery up, provision of information and enforcement of restrictive covenants and an application for a speedy trial (2022);
- acting for the claimant in a 6-week trial in the Employment Tribunal, bringing claims for whistleblowing and parental leave detriment (Zarembok v BP Plc and others, 2021);
- acting for four charities intervening in the successful appeal to the Court of Appeal in Tavistock and Portman Trust v Bell [2021] EWCA Civ 1362, regarding the right of children and young people under 18 to consent to puberty blockers;
- acting for the successful appellant in her appeal to the Supreme Court in G v G [2021] UKSC 9, regarding the interrelationship between international and European Union law protecting refugees, and international law relating to child abduction.
Emmeline has taught employment law at the Universities of Cambridge and Oxford since 2017. She has been a volunteer with the FRU since 2016, and Advocate since 2020, acting pro bono in various employment matters. She has completed Advocate's "25 for 25" this year. Before coming to the Bar, Emmeline qualified and worked as a social worker in child protection services. She went on to practice in a family court team, working with children and their families in care proceedings. She has a particular interest in legal issues relating to children's welfare and safeguarding.
Emmeline accepts instructions in all areas of commercial litigation, and has particular experience of advising on contractual disputes.
Advising a sports club regarding termination of a manager's contract.
Advising a musician regarding termination of a royalties agreement with a record company.
Acted for a sports club in response to a threatened claim for inducing breach of contract in relation to a player's move.
Acting for the respondents defending an unfair prejudice petition (led by Matt Bradley QC).
Acting for a bank in litigation concerning the lawfulness of interest rate variation provisions in standard variable rate mortgages (with Javan Herberg QC and Hanif Mussa)
County Court, 2020
Advised and drafted a pleading concerning a dispute regarding the payment of commission fees under a contract (assisting Andrew Scott).
Advice to policyholders interested in the FCA’s test case regarding insurance claims for business interruption losses during the Covid-19 pandemic (assisting Hanif Mussa).
Business and Property Courts, 2020; [2020] EWHC 1201 (Comm)
The Defendant’s application for default judgment for payment of a debt was granted successfully, and the Claimant’s jurisdiction challenge was dismissed (assisting Andrew Scott).
Advised on issues of contractual construction and termination (assisting Andrew Scott).
Drafted a pleading in a claim for deceit (assisting Andrew Scott).
Successfully resisting permission to appeal from Bryan J’s judgment holding Genworth liable for significant losses suffered by AXA relating to historic PPI mis-selling (assisting Andrew Green QC and Fraser Campbell).
Court of Appeal, ongoing
An appeal challenging the High Court’s decision ([2019] EWHC 2766 (Ch)) that the English Court does not have jurisdiction to hear a claim for declaratory relief in respect of alleged abuse of dominance in global markets for licensing standard essential patents (assisting Andrew Scott).
Advice and pleading in response to a claim for breach of warranty in a share purchase agreement (assisting Fraser Campbell).
Advice regarding a potential unfair prejudice petition (assisting Fraser Campbell).
Emmeline accepts instructions in all areas of employment law. During pupillage, she worked on employment matters in the Employment Tribunal, High Court and Supreme Court. Since starting in practice, she has acted for the Respondent in successfully resisting an interim relief application, led by Diya Sen Gupta QC, and has acted for the Claimant in a 6-week whistleblowing and parental leave detriment trial in the Employment Tribunal, led by Craig Rajgopaul. She now regularly appears unled in the Employment Tribunal.
Emmeline has taught Employment Law at the Universities of Cambridge and Oxford since 2017.
Acting for a headteacher in a claim for constructive unfair dismissal as a result of bullying and harassment.
Acted for one of four defendant employees facing urgent applications for delivery up, provision of information and enforcement of restrictive covenants, and an application for a speedy trial. The employer brought claims for breach of contract, misuse of confidential information, unlawful conspiracy and inducing breach of contract. The matter settled before the speedy trial.
Acting for an employer in relation to former employees' potential breaches of their duties while on garden leave, their restrictive covenants, and their use of confidential information.
Providing advice to an employer on the availability of injunctive relief in respect of confidential information retained by a former employee and the enforceability of restrictive covenants.
Advising a sports club regarding termination of a manager's contract.
Acted for a sports club in response to a threatened claim for inducing breach of contract in relation to a player's move.
Emmeline (led by Diya Sen Gupta QC) acted for the insurance broker defendants in a dispute which included claims for breach of a non-solicitation covenant and misuse of confidential information. The matter settled shortly before the expedited trial.
Emmeline (led by Diya Sen Gupta QC) acted for a digital media company where there had been a team move.
Emmeline (led by Craig Rajgopaul) acted for the claimant, a senior trader, in a 6-week trial in the Employment Tribunal during September and October 2021, bringing claims for whistleblowing and parental leave detriment.
Emmeline (with Kerenza Davis) acted for the employer against claims for maternity discrimination and unfair dismissal.
Supreme Court, 2020
Appeal by Uber concerning whether drivers who use the Uber app are “workers”, and if so, how working time should be measured for the purposes of calculating entitlements under employment protection legislation (assisting Dinah Rose QC and Fraser Campbell).
Assisted Diya Sen Gupta QC with advice on employment status and part-time workers’ rights.
Assisted Diya Sen Gupta QC with advice regarding construction of multiple employment contracts concerning employees’ entitlements to enhanced redundancy payments.
High Court, 2019
Assisted Diya Sen Gupta QC in seeking a stay of English High Court proceedings on behalf of three Cantor Fitzgerald employees on the basis that any such proceedings should be brought in the State of New York.
Employment Tribunal, 2019
Assisted Diya Sen Gupta QC in application for strike out and deposit order in whistleblowing detriment claims.
Employment Tribunal, 2019
Assisted Diya Sen Gupta QC with a successful strike out application in a victimisation claim.
Emmeline accepts instructions in relation to all employee competition issues and has experience (led and unled) of acting for both employers and employees, including in injunctive relief applications.
Acted for one of four defendant employees facing urgent applications for delivery up, provision of information and enforcement of restrictive covenants, and an application for a speedy trial. The employer brought claims for breach of contract, misuse of confidential information, unlawful conspiracy and inducing breach of contract. The matter settled before the speedy trial.
Acting for an employer in relation to former employees' potential breaches of their duties while on garden leave, their restrictive covenants, and their use of confidential information.
Providing advice to an employer on the availability of injunctive relief in respect of confidential information retained by a former employee and the enforceability of restrictive covenants.
Emmeline (led by Diya Sen Gupta QC) acted for the insurance broker defendants in a dispute which included claims for breach of a non-solicitation covenant and misuse of confidential information. The matter settled shortly before the expedited trial.
Emmeline (led by Diya Sen Gupta QC) acted for a digital media company where there had been a team move.
Emmeline has experience in advising and acting for clients in relation to discrimination issues in the spheres of employment and service provision. Her clients include employers, employees, sports clubs and bodies, and charities.
Emmeline (with Kerenza Davis) acted for the employer against claims for maternity discrimination and unfair dismissal.
Employment Tribunal, 2019
Assisted Diya Sen Gupta QC with a successful strike out application in a victimisation claim.
Emmeline (with Jason Pobjoy) acted for four charities granted permission to intervene in the appeal from the High Court's decision regarding the right of children and young people under 18 to consent to puberty blockers.
Emmeline accepts instructions in all areas of public law and regulation. She has a particular interest in issues impacting children's rights having previously qualified and worked as a child protection social worker.
Acted for a regulator in an application for a statutory injunction to enforce compliance with regulatory requirements (led by Alan Maclean QC).
Emmeline acted for Ofgem in the RIIO-2 energy price control appeals (with Emily Neill and Natasha Simonsen). The CMA's final determinations can be found here: https://www.gov.uk/cma-cases/energy-licence-modification-appeals-2021
Emmeline (with Jason Pobjoy) acted for four charities granted permission to intervene in the appeal from the High Court's decision regarding the right of children and young people under 18 to consent to puberty blockers.
Representing the Secretary of State for Justice in using the 21-day reconsideration mechanism introduced following the Warboys case (led by Jason Pobjoy).
Successfully acted for the mother in her appeal against the Court of Appeal's decision that her daughter had to have made a separate independent asylum application in order to be entitled to protection from refoulement. The Supreme Court held that a child will be an asylum applicant, and be entitled to protection from refoulement, where he or she is objectively understood to be making an application, regardless of whether a separate application is made in the child's own name (with Jason Pobjoy).
Following the Divisional Court’s judgment dismissing the claimant’s challenge to the Crown Court’s decision to impose notification requirements under s.97 of the SOA 2003, the application for permission to appeal under the AJA 1962 was successfully dismissed (assisting Hanif Mussa).
Acting for the Government in opposing an application for permission to judicially review the Government’s badger culling policy (assisting Hanif Mussa).
A judicial review challenge to pilot schemes requiring voters to provide evidence of identification at polling stations in local government elections. The claimant has sought permission to appeal to the Supreme Court (assisting Hanif Mussa).
Emmeline accepts instructions in relation to civil liberties and human rights. She has a particular interest in issues impacting children's rights, and the right to family life, having previously qualified and worked as a child protection social worker.
Emmeline (with Jason Pobjoy) acted for four charities granted permission to intervene in the appeal from the High Court's decision regarding the right of children and young people under 18 to consent to puberty blockers.
Representing the Secretary of State for Justice in using the 21-day reconsideration mechanism introduced following the Warboys case (led by Jason Pobjoy).
Successfully acted for the mother in her appeal against the Court of Appeal's decision that her daughter had to have made a separate independent asylum application in order to be entitled to protection from refoulement. The Supreme Court held that a child will be an asylum applicant, and be entitled to protection from refoulement, where he or she is objectively understood to be making an application, regardless of whether a separate application is made in the child's own name (with Jason Pobjoy).
Emmeline (led by Iain Steele) advised Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services in relation to its thematic inspection on the policing of protests. This involved reviewing existing police powers and criminal law, and advising on the compatibility of reforms with the European Convention of Human Rights.
Emmeline is growing a strong sports practice, and has experience advising on commercial, governance, regulatory and employment issues for professional sports bodies. She has appeared regularly before a range of sports disciplinary tribunals, particularly in disciplinary and safeguarding matters, drawing upon her previous experience in social work practice.
Acted for a sports club in response to a threatened claim for inducing breach of contract in relation to a player's move.
Advising a sports club regarding termination of a manager's contract.
Acting for a sports body in relation to a complex safeguarding investigation involving sexual abuse and multiple defendants.
Successfully represented a sports body at an oral hearing in relation to a safeguarding incident.
Emmeline accepts all instructions involving safeguarding matters. She has a particular interest in this area, drawing on her previous professional experience as a child protection social worker.
Acting for a sports body in relation to a complex safeguarding investigation involving sexual abuse and multiple defendants.
Successfully represented a sports body at an oral hearing in relation to a safeguarding incident.
Classics BA (Oxon, Congratulatory First)
Law BA (Cantab, First)
BCL (Distinction)
Masters in Social Work (Bedfordshire, Distinction)
Prizes and scholarships
Children, Families and the State Prize (BCL, University of Oxford, 2018)
BCL Scholarship (Jesus College and Law Faculty, 2017-18)
Wade Prize for Administrative Law (Part II, University of Cambridge, 2015)
Littleton Chambers Prize for Labour Law (Part II, University of Cambridge, 2015)
‘Lift the Ban: A Right to Work for Asylum Seekers,’ (UK Labour Law Blog, 15 November 2018).
‘The 2014-15 Legal Year in Overview: Criminal Law. Evidence and Procedure’ (The UK Supreme Court Yearbook, 2015).
‘Profiting from Punishment: should the private sector run children’s prisons?’ (John Howard Essay Prize, 2012).
Research interests
Emmeline has worked with Professors Catherine Barnard and Amy Ludlow on research projects on EU-8 migrants’ use of employment tribunals, and with Professors Jeremias and Abi Adams-Prassl on the impact of digital court reforms on access to justice.
Volunteering and Pro Bono
Emmeline interned at the Texas Defender Service, which provides legal services and representation for prisoners on death row in Texas, USA. She has also been a volunteer at FRU since 2016.
VAT registration number: 364406011
Barristers regulated by the Bar Standards Board
Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Derek Sutton
Deputy Senior Clerk
+44 (0) 207 822 7327
Adam Sloane
Deputy Senior Clerk
+44 (0) 207 8227326
Dean Tolman
Clerk
+44 (0) 207 822 7331
Billy Brian
Clerk
+44 (0) 207 822 7339
Marc Armstrong
Clerk
+44 (0) 207 822 7330
Adam Fuschillo
Clerk
+44 (0) 207 8227329
Danny Compton
Clerk
+44 (0) 207 822 7338
Sophie Floydd
Clerk
+44 (0) 207 822 7324
Rio Sully
Clerk
+44 (0) 207 822 7299