Emma Favata

Overview

Emma acts on behalf of claimants who bring civil claims against the police for a range of torts from assault, wrongful arrest and false imprisonment, malicious prosecution, trespass to property and misfeasance in public office as well as claims for breaches of data protection and claimant’s rights under European Convention on Human Rights.

Notable Cases

Victoria Clark v The Chief Constable of Merseyside Police [2023] EWHC 2565 (KB) – Arising from the treatment of the mentally ill claimant during her detention in police custody.

Dwain Buike v The Chief Constable of West Yorkshire Police [2009] EWCA Civ 971 – Junior counsel to Leslie Thomas KC. Successful appeal of County Court refusal to grant permission to the Claimant to bring proceedings under section 329 of the Criminal Justice Act 2003.

Overview

Emma represents bereaved families in complex Article 2 inquests where a public authority may have caused or contributed to the death. In the event of critical findings made against a public authority Emma pursues civil claims on behalf of the deceased’s estate and family members. Emma has brought successful judicial review proceedings arising out of inquests.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Hillsborough Inquest
From July 2013 to April 2016, Emma was junior counsel to Michael Mansfield QC at the Hillsborough Inquests and part of a team of lawyers representing 77 families. Emma and Michael Mansfield QC were specifically instructed to represent the Executive of the Hillsborough Family Support Group and their families, as well as working with the wider client base.

Keyham Shootings Inquest
Emma represented a bereaved family member of one of the victims in the Keyham Shootings Inquest. ITV News.

Rachel Garrett
Emma acted on behalf of the family of Rachel Garrett in the inquest into her death. HMC Penelope Schofield concluded that there had been missed opportunities to save Rachel’s life. ITV News.

Connor Blampey Inquest
Connor Blampey died aged 21 after taking the psychoactive substance Spice at HMP Channings Wood on the evening of Sunday January 28, 2018. Emma represented the family, instructed by Clare Richardson at Deighton Pierce Glynn. The inquest was reported in the local press.

Charlotte Franklin Inquest
HM Coroner found that teenager Charlotte Franklin who had taken her life died due to the consequences of Body Dysmorphic Disease and had become ‘overwhelmed with the prospect of not being able to be well’ before her death. Emma represented Charlotte’s family. Please see BJC’s press release for further information on the case.

Tainton, R (on the application of) v HM Senior Coroner for Preston and West Lancashire & Anor [2016] 4 WLR 157, [2016] EWHC 1396 (Admin) – Held that where the possibility of a violation of the deceased’s ECHR article 2 right to life could not be wholly excluded, the Coroners and Justice Act 2009 s.5(1)(b) and s.5(2) should require the inclusion in the record of inquest of any admitted failings forming part of the circumstances of death, even if the jury could not properly find them causative of the death.

Overview

Emma has expertise in judicial review and proceedings involving breaches of the Human Rights Act. Emma’s practice in public law began by defending Brian Haw’s ECHR Article 10 right to freedom of expression in the High Court injunction proceedings brought by Westminster City Council in their first attempt to eject Brian from Parliament Square.

Notable Cases

Westminster City Council v Brian Haw [2002] EWHC 2073 (QB) – Mr Justice Gray gave a resounding judgement in Mr Haw’s favour strengthening the rights to freedom of expression.

R (application D) v Sheffield Youth Court [2003] EWHC 35 (Admin) – Junior counsel to Stephen Simblet. Judicial review of the Sheffield Youth Court’s decision to commit C and D for trial to the Crown Court for charges of robbery and attempted robbery.

Overview

Emma specialises in all areas of public and private family law relating to children. She regularly appears in cases involving complex legal and forensic issues, suspected non-accidental injury findings of fact, allegations of parental alienation, national and international relocation and disputes with an internation dimension. Emma’s practice incorporates satellite proceedings including Occupation Orders and novel legal issues. Emma acts on behalf of parents, intervenors and the child. Emma is instructed at all levels including the High Court and Court of Appeal.

Notable Cases

O v P [2024] EWHC 1077 (Fam) – Emma acted on behalf of the child whose mother unsuccessfully sought to prohibit the child from accessing treatment for gender dysphoria. An appeal is pending.

H (A child: Contact: Domestic Abuse) [2024] EWCA Civ 326 – Emma acted for the father who appealed a final order in which he was to have no face-to face contact with his child for an indefinite period.

Cornwall Council v M, F2, C, K, (by their Children’s Guardian, Adele Stanbridge), F1, Sm v Devon and Cornwall Police [2023] EWFC 188 [2023] 11 WLUK 660 – Emma acted for the father whose right to consent to the police reinterviewing his nine year old daughter about sexual abuse allegations she had made three years earlier against the mother’s partner was challenged by the mother. The case involves the rehearing of allegations of sexual abuse following the case being remitted by the Court of Appeal in S (A Child: Findings of Fact) [2023] EWCA Civ 346.

Overview

Emma acts on behalf of the Official Solicitor, Local Authorities, family members and ALRs in all areas of Court of Protection including welfare and health, deprivation of liberty and inherent jurisdiction. Emma’s complimentary multidisciplinary practice enables her to advise on a range of issues including civil claims arising from P’s deprivation of liberty.