Emma is a Chartered Legal Executive within the Dispute Resolution Team with experience in advising clients on complex prosecution and enforcement issues as well as matters relating to criminal law, environmental law, planning and public inquiries.
Emma has significant experience in advising on all aspects of bringing Trading Standards prosecutions including interpretation of the complex legislative framework, gathering and presentation of evidence, disclosure, drafting and reviewing witness statements, presentation of files and drafting charges and assisting counsel through trials. In addition, Emma has also advised on all aspects of undertaking civil action under Enterprise Act 2002 including advising on breaches, consultation, review and assisting counsel with cases in court.
Emma provides advice to a diverse range of clients, she has been instrumental in devising policies and protocols to further her varied clients’ objectives in the most effective and cost effective and efficient way. Emma is skilled in putting her clients at ease making the most complex matters accessible. Her exceptional client care skills mean that she is adept at brokering solutions so that litigation is always the last option.
- ECC v Oakpark Asset Management Limited, Oakpark Properties (UK) Limited, Overill and Overill (2017); A case brought under the Consumer Protection from Unfair Trading Regulations 2008 and the Companies Act 2006 against lettings agents that failed to deal with tenancy deposits as required under the Housing Act 2004. The Defendants were sentenced to 18 months imprisonment suspended for two years, 180 hours unpaid work and disqualified from being a company director for two years, they were ordered to pay £20,000 each and a Confiscation Order was made in the value of £8841
- ECC v Smart Save Solutions Limited, Carl Smith and Edward Cooke (2017) Significant case of fraudulent trading arising from mis-selling of solar panels, offences are brought under the Companies Act 2006 and Consumer Protection from Unfair Trading Regulations 2008, he defendants pleaded guilty and were subject to confiscation orders totalling £244,000. An order of compensation for the victims was also secured to the value of £75,000 and £54,000 costs were recovered. In addition, Carl Smith was sentenced to 18 months imprisonment suspended for two years
- ECC v Smith Glass Limited (2016), A civil case brought under part 8 Enterprise Act 2002 to secure an undertaking to ensure the cessation of breaches of the Consumer Rights Act 2005; Consumer Contracts (Information, cancellation and additional charges) Regulations 2013 and the Supply of Goods to Consumers Regulations 2002
- Other Trading Standards cases dealing with underage sales, animal health, trade-marks, food including allergens, product safety
- Delivery of training on various topics including Trading Standards legislation, enforcement, highways, and disclosure
- Representing Essex County Council as an objector in Public Inquiry into the proposed Network Rail (Essex etc Level Crossing Reduction) Order, submitted to the Secretary of State by Network Rail under Transport and Works Act 1992
- Litigation in Chancery Division of the High Court
- Drafting policy and procedural documents for the Highway Authority
- Representing the Highway Authority, including PRoW, in respect of enforcement actions for interference with the highway under the Highways Act 1980, including illegal structures, vegetation and obstructions having the effect of stopping up the highway, or causing a risk to the users of it
- Advising on planning implications of capital and development schemes
- Advice on Orders under section 247 & 257 Town and Country Planning Act 1990
- Advice on Data Protection Act 1998 and GDPR
- Representing the Flood Water Management Team in respect of enforcement actions against third parties to ensure protection against flooding