Background

Emma Price has a civil and public law practice.

She specialises in inquests and inquiries, public law, human rights and civil liberties, data protection and information law and personal injury.

Emma is recognised as a leading junior in the legal directories and is described by her clients as “razor-sharp” and “extremely diligent and hard-working”, with “outstanding analytical ability” (Chambers UK); “bright and hardworking – measured and persuasive in court, and very good on technical legal points”, “meticulous in every respect” and “a great strategic advocate” (The Legal 500).

Notable examples of Emma’s inquest and inquiry work include her current instructions as counsel to the Post Office Horizon IT Inquiry and the UK Covid-19 Inquiry (Module 3), the Infected Blood Inquiry, the Oudeh and Saleem inquests and the fresh inquests into the deaths of Cheryl James and Sean Benton at Deepcut Barracks.

Emma’s public law practice encompasses judicial review claims across a range of areas, including prisons, policing, inquests, health and social care and education.

Much of Emma’s work engages human rights issues and she is regularly instructed in relation to Human Rights Act claims, particularly in relation to articles 2, 3, 5 and 8 of the European Convention on Human Rights.

Emma is on the Attorney General’s A Panel of Counsel (having been on the B and C Panels previously).

Emma sits (part time) as an Assistant Coroner for the City of London.

Expertise

Emma has particular expertise in inquest work. She is regularly instructed on behalf of central government departments, police forces, NHS trusts, healthcare providers and families in inquests.

Emma has particular expertise in:

  • Inquests involving deaths in detention and custody, following both fatal acts of self-harm and restraint;
  • Inquests investigating the State’s response where it is known, or ought reasonably to be known, that a person is at risk of death from domestic abuse;
  • Inquests exploring alleged failings in the provision of mental and physical health care, including those investigating deaths occurring during detention under the Mental Health Act;
  • Inquests exploring alleged failings in the provision of social care; and
  • Inquests into military deaths.

She has significant experience in the article 2 issues often arising in these types of inquest and in subsequent civil article 2 claims.

Featured Inquests cases


The Inquest into the death of Benjamin Crosby, who died in a road traffic collision fleeing from the scene after murdering his partner (March 2024). Instructed on behalf of the Chief Constable of Humberside Police.


The fresh Inquest into the death of Robert Ginn, who died by suicide in prison (February 2024). Instructed on behalf of the Ministry of Justice.  


The resumed inquests into the deaths of Raneem Oudeh and Khaola Saleem, who were murdered by Ms Oudeh’s former partner following a campaign of domestic abuse against Ms Oudeh (November 2022). Instructed on behalf of the Chief Constable of West Midlands Police.


The Inquest into the death of Matthew Caseby, who died after absconding from a mental health ward where he was being assessed under s. 2 of the Mental Health Act (April 2022). Instructed on behalf of the Chief Constable of West Midlands Police.


The Fresh Inquest into the death of Sean Benton at Deepcut Barracks in 1995 (2018). Instructed on behalf of the Ministry of Defence as Junior Counsel to Nicholas Moss KC. Issues explored in the fresh inquest included alleged bullying and physical abuse by fellow trainees and Sean’s superiors, the instructions given to trainees on armed guard duty and welfare provision for trainees.


The Inquest into the death of Joseph Phuong, who died whilst detained under the Mental Health Act, following mental health treatment in the community and a period of police custody and restraint (2017). Instructed on behalf of the London Borough of Richmond.


The Inquest into the death of Edwin O’Donnell, who had a history of self-harm and violence and died following an act of fatal self-harm in prison (2017). Instructed on behalf of the Ministry of Justice.


The Inquest into the death of Jack Portland, who died whilst he was on s. 17 Mental Health Act leave from hospital, following a period of detention in prison (2017). Instructed on behalf of the Ministry of Justice.


The Inquest into the death of Andrew Ashman. Instructed on behalf of the Marine Accident Investigation Branch in this inquest into the death of a crew member sailing in the Clipper “Round the World Race” (2017).


The Fresh Inquest into the death of Cheryl James at Deepcut Barracks in 1995 (2016). Instructed on behalf of the Ministry of Defence and two individual soldiers as Junior Counsel to Nicholas Moss KC. The fresh inquest heard evidence from over 100 witnesses and explored third party involvement in the death as well as allegations of sexual harassment, abuse and bullying at Deepcut.


The Inquest into the death of Luke Johnson, who died following his release from prison of heroin toxicity (2016). Instructed on behalf of the Ministry of Justice.


The Inquest into the death of Olawale Adelusi, who died in hospital following an act of fatal self-harm in prison (2016). Instructed on behalf of the Ministry of Justice.

Emma is currently instructed as counsel to the Post Office Horizon IT Inquiry and the UK Covid-19 Inquiry (Module 3).

Previously, Emma was instructed on the Infected Blood Inquiry on behalf of the Department of Health and Social Care. The Inquiry examined the circumstances in which men, women and children treated by the NHS in the United Kingdom were given infected blood and infected blood products, in particular since 1970, via blood products and blood transfusions.

In 2022, Emma acted for a significant witness providing evidence to the Grenfell Tower Inquiry about the aftermath of the fire and the pan-London emergency response.

Emma was instructed on the Baha Mousa Public Inquiry from 2008 to 2011, on the Inquiry’s team. This major statutory public inquiry concerned the death of an Iraqi civilian whilst detained by British soldiers in Iraq and the mistreatment of others. The use of conditioning techniques by British soldiers was explored, including the use of hooding and stress positions, as was tactical questioning and interrogation policy. The Inquiry made 73 recommendations to the Ministry of Defence.

Emma’s public law practice encompasses judicial review claims across a range of areas, including prisons, policing, inquests, health and social care, asylum, immigration and education.

Emma regularly advises and is instructed by central government departments, police forces, public bodies and functional public authorities, as well as local authorities.

Featured Public & Administrative cases


R (Peter and Elizabeth Skelton) v Senior Coroner for West Sussex (Defendant) & (1) Chief Constable of Sussex Police (2) Robert Trigg (Interested Parties) [2020] EWHC 2813 (Admin)

Instructed on behalf of the Chief Constable of Sussex Police. Challenge to the Senior Coroner’s decision that there were not arguable breaches of the State’s substantive obligations under article 2, such that the State’s procedural article 2 duty was not engaged in relation to the inquest into the death of the Claimants’ daughter. The Divisional Court provided a definitive answer to the question of what the court’s task is on a judicial review of such decisions and also provided guidance on the legal test formulated in the case of DSD v Commissioner of Police of the Metropolis [2019] AC 196, in the context of the threshold that operational failures in a police investigation must reach before there will be a breach of the State’s general framework duty under article 2.


R (Scarfe & ors) v (1) Governor of HMP Woodhill (2) Secretary of State for Justice [2017] EWHC 1194 (Admin).

Instructed on behalf of the Secretary of State for Justice and the Governor of HMP Woodhill (led by James Strachan KC). Challenge alleging systemic breach of article 2 in the context of suicide and self-harm prevention in prison, dismissed by the Divisional Court.


R (A and B) v (1) Secretary of State for Education (2) Central Bedfordshire Council Local Education Authority (3) Chief Constable of Bedfordshire Police (4) Secretary of State for the Home Department.

Instructed on behalf of the LEA in this challenge to the lawfulness of the guidance issued in respect of the “Prevent duty”, conferred on specified authorities by section 26 of the Counter-Terrorism and Security Act 2015, which included claims of breach of the claimants’ article 8, 9, 10 and 14 rights.


R (Luke Griffin) v Secretary of State for the Home Department.

Instructed on behalf of the Secretary of State in this challenge to the Secretary of State’s decision to depart from a recommendation made by the Parole Board as to the claimant’s categorisation as a prisoner.


R (Muhammad Jawar Abbassi) v Secretary of State for the Home Department.

Instructed on behalf of the Secretary of State in this challenge to the decision to classify “print and send” immigration applications as applications made by post, as opposed to applications made online, for the purposes of paragraphs 34 of the Immigration Rules.


R (Sherika Sharon Taylor & Abigail Owusu-Akyeaw) v Secretary of State for the Home Department.

Instructed on behalf of the Secretary of State for the Home Department in this challenge to the Secretary of State’s retrospective application of the Immigration Rules that came into force on 9 July 2012 to the Claimants’ immigration applications. 

Emma appears on behalf of police forces in inquests, judicial reviews and a range of civil matters.  She is experienced in advising on and acting in claims alleging negligence, breach of the Human Rights Act, wrongful arrest, false imprisonment, misfeasance in public office and assault, as well as personal injury claims.

The resumed inquests into the deaths of Raneem Oudeh and Khaola Saleem, who were murdered by Ms Oudeh’s former partner following a campaign of domestic abuse against Ms Oudeh (before the Senior Coroner for the Birmingham and Solihull Areas) (2022). Instructed on behalf of the Chief Constable of West Midlands Police.

The Inquest into the death of Matthew Caseby, who died after absconding from a mental health ward where he was being assessed under s. 2 of the Mental Health Act (before the Senior Coroner for the Birmingham and Solihull Areas) (2022). Instructed on behalf of the Chief Constable of West Midlands Police.

Featured Police Law cases


Daniel Wood v Chief Constable of Sussex Police (2023).

Counsel for the Chief Constable of Sussex Police in this multitrack trial, heard with a jury, in a claim for wrongful arrest and false imprisonment. The claim, which focussed on a necessity challenge to arrest following harassment and domestic abuse allegations, was dismissed.


R (Peter and Elizabeth Skelton) v Senior Coroner for West Sussex (Defendant) & (1) Chief Constable of Sussex Police (2) Robert Trigg (Interested Parties) [2020] EWHC 2813 (Admin).

Instructed on behalf of the Chief Constable of Sussex Police in this challenge to the Senior Coroner’s decision that there were not arguable breaches of the State’s substantive obligations under article 2, such that the State’s procedural article 2 duty was not engaged in relation to the inquest into the death of the Claimants’ daughter. The Divisional Court provided a definitive answer to the question of what the court’s task is on a judicial review of such decisions and also provided guidance on the legal test formulated in the case of DSD v Commissioner of Police of the Metropolis [2019] AC 196, in the context of the threshold that operational failures in a police investigation must reach before there will be a breach of the State’s general framework duty under article 2.

The majority of Emma’s inquest, inquiry and public law work involves human rights issues.

She has particular experience in complex article 2 inquests and subsequent article 2 claims brought pursuant to the Human Rights Act.

Emma is also regularly instructed in relation to Human Rights Act claims relating to articles 3, 5 and 8 of the European Convention on Human Rights, in the context of prisons, policing, mental health, asylum and immigration and education.

Emma has longstanding experience of personal injury work, including employers’ liability claims, negligence actions, civil claims for assault in the prisons and policing context and claims brought by military personnel.

She has been instructed by central government departments, including the Ministry of Justice and the Ministry of Defence, as well as police forces, in high value claims with complex medical evidence including cases of: serious psychological injury following sexual assault; life-changing orthopaedic injuries; and freezing injuries following military training exercises.

Emma acts for a range of interested persons, including NHS Trusts, private companies providing healthcare in prisons and care homes, in inquests in which there is scrutiny of clinical decision-making and policy, as well as in subsequent civil claims.

Emma is currently instructed on the Infected Blood Inquiry on behalf of the Department of Health and Social Care (one of three junior counsel being led by Eleanor Grey KC).  The Inquiry is examining the circumstances in which men, women and children treated by the NHS in the United Kingdom were given infected blood and infected blood products, in particular since 1970, via blood products and blood transfusions.

Emma acts for a wide range of clients, including central government departments, chief officers of police and private sector clients, on a variety of complex and sensitive data protection issues arising from the GDPR, DPA and FOIA, including privacy, breach of confidence and misuse of private information claims, which often also engage Article 8.  Emma advises on:

  • Compliance with obligations imposed by GDPR / DPA
  • Exemptions from GDPR / DPA obligations
  • Lawfulness of electronic communications
  • Complex subject access requests

Emma’s main area of specialism is inquests and inquiries. Notable high profile examples of her work include the Baha Mousa Public Inquiry, the fresh inquests into the deaths of Cheryl James and Sean Benton at Deepcut Barracks and the Infected Blood Inquiry, in which Emma is currently instructed on behalf of the Department of Health and Social Care. Emma is ranked as a leading junior for inquests and inquiries in both Chambers UK and Legal 500. She was appointed to the Attorney General’s C Panel of Counsel in 2014 and was elevated to the B Panel in September 2018.

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"Emma has outstanding analytical ability and demonstrates thorough attention to detail."


Instructing Emma
Please contact James Cole if you have any questions or wish to instruct us.

Call +44 (0)20 7410 2000 or click here to email

Education & Qualifications

  • 2007 – Called to the Bar by Gray’s Inn
  • 2007 – Arden Award (Gray’s Inn)
  • 2006 – Inns of Court School of Law, Bar Vocational Course
  • 2006 – Bedingfield Scholarship (Gray’s Inn)
  • 2004-2006 -City University, Graduate Entry LLB (First Class)
  • 2001-2004 – University of Exeter, BA Hons in Politics (First Class)

Appointments

  • 2014 – Attorney General’s C Panel of Counsel
  • 2018 – Attorney General’s B Panel of Counsel
  • 2024 – Attorney General’s A Panel of Counsel.

   

The Legal 500 2024

‘Emma has outstanding analytical ability and demonstrates thorough attention to detail.’

Chambers UK 2024

“She is one of the clearest-thinking people I know. Her thoughts are always so clearly and carefully structured.”

Chambers UK 2023

“Emma is razor-sharp and has clarity of thought. She is very likeable but knows when to be firm, and does it in a measured way.”

Legal 500 2023

‘Bright and hardworking – measured and persuasive in court, and very good on technical legal points.’

Chambers UK 2022

“She is an extremely diligent and hard-working barrister.” (Inquests & Public Inquiries)

“Emma has outstanding analytical ability and is always well prepared.” (Inquests & Public Inquiries)

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