Emma Sutton KC

Call 2006 | Silk 2023

Emma Sutton KC | Call 2006 | Silk 2023

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Overview

Emma was involved in the E-Coli Inquiry which was established to investigate the circumstances that led to the outbreak of the E-Coli 0157 infection in South Wales in September 2005. Since that time, Emma has had significant experience of advising and representing parties in complex Article 2 inquests  (including lengthy jury inquests), particularly in cases where the mental capacity and mental health of the deceased was in question prior to their death, where allegations of neglect are raised, where significant criticism is raised against public authorities regarding their duties to children and vulnerable adults (in inpatient and community settings and in prisons), and where there is national media interest.

‘A tough negotiator, who is excellent with lay clients with an impeccable court manner’
The Legal 500

Emma also undertakes work on a pro bono basis and has completed the ‘25 for 25’ Challenge which involved undertaking a significant number of hours of pro bono work through Advocate.
Read more about this here.

CASES AND WORK OF NOTE

2024

Re KW
Instructed on behalf of a mental health trust in a 7 day jury Article 2 prison inquest where there were challenging differences between the approach of those providing physical health care to the prisoner as compared to those providing mental health care. Notwithstanding such difficulties, and a consideration of how Covid-19 restrictions within the prison impacted on the care that the prisoner received, a short form conclusion of drug-related misadventure, as submitted by the mental health trust, was ultimately returned.

Re AA
Instructed by an acute Trust responsible for providing obstetric care and treatment to AA’s mother. AA sadly died shortly after birth. Consideration of complex medical evidence (including expert evidence) and difficult procedural issues regarding the disclosure of certain documents to interested parties was required. A finding of neglect as part of the conclusion was sought by the family, which was refuted by the Trust. The coroner agreed with the submissions of the Trust.

2023

Re LB
Instructed  by a community mental health Trust in a complex Article 2 inquest  where an adult female died at home as a consequence of paracetamol and alcohol misuse, but who had a package of support in place for her mental health difficulties.

Re OC
Instructed by a mental health trust before the Senior Coroner for North Northumberland and South Northumberland in a 4 day inquest concerning the death of OC by her daughter, who, in a psychotic episode, mutilated and decapitated OC. The daughter was found guilty of manslaughter and is detained in a secure hospital under section 47/41 MHA 1983. This was a particularly sensitive case which involved significant media interest. Neglect was raised by the family, however this was rejected by the coroner.

Re PS
Instructed by the Priory before the Senior Coroner for Norfolk in a 5 day Article 2 inquest concerning the death of a vulnerable adult in a care home. The Senior Coroner did not make a finding of neglect as sought by the family, nor a finding that the onset of aspiration pneumonia (the primary cause of death) was probably caused by the presence of a carrot found on autopsy, which should not have been present having regard to the dysphagia plan and supervision plan that should have been implemented, and was not.

2022

Re CAP
Instructed by a Trust before the Senior Coroner for North Northumberland and South Northumberland in a 5 day inquest concerning the death of a child who took her own life following bullying, and which included consideration of the role that social media played.

Re Dr A
Instructed by the Priory in a week long Article inquest concerning the death of a patient, also a doctor, admitted to hospital for treatment of anorexia nervosa, who was detained under section 3  MHA 1983. There were a number of professional witnesses and expert evidence; the latter of which was challenged by the Priory. The coroner agreed with the submissions of the Priory that there was no requirement for a PFD report on the particular facts.

Re SC
Instructed by a Trust before the Senior Coroner of Manchester in a 2 week jury Article 2 inquest concerning the death of a patient who died having ligatured whilst detained under section 3  MHA 1983. A finding of neglect was sought by the family, which was opposed by the public bodies. The jury did not find that the deceased’s death was contributed to by neglect.

Re JH
Instructed by a Trust before the Deputy Chief Coroner in a week long Article 2 inquest concerning the death of a shop assistant who was stabbed to death by a young person subject to voluntary mental health support in the community following discharge from detention under the MHA 1983. This was a particularly sensitive case which involved significant media interest and was widely reported in the national press.

2021

Re NB
Instructed by a Trust before the Senior Coroner for North Northumberland and South Northumberland in an Article 2 inquest concerning the death of an informal patient admitted to a mental health unit. Issues raised on behalf of  family members included non-causative findings being added to the record, a rider / finding of neglect and the requirement of a PFD report; all of which were opposed by the Trust. The coroner agreed with the position of the Trust.

Re NL
Instructed by a Trust before the Senior Coroner of Greater Manchester in an Article 2 inquest concerning the death of a patient who had a longstanding diagnosis of anorexia nervosa. The inquest was complicated by the number of interested parties and required a clear understanding of the NHS system and the roles / responsibilities of each public body.

Re X
Instructed by the wife of the deceased in a 7 day Article 2  jury inquest concerning his death whilst a prisoner in his cell. There were a significant number of witnesses (expert and professional), including health and social care professionals within the prison service.

Re Y
Instructed by the family in an Article 2 inquest concerning the death of a Bristol man who died in a house fire. Represented the family at a number of PIRs which included the successful application to the coroner for expert psychiatric evidence to consider whether the deceased had capacity to make decisions regarding his residence and care needs due to mental health problems shortly prior to his death.

RECOMMENDATIONS

Emma is recommended as a leading junior in the Legal 500 for inquest and inquiries work, most recently quoted as being “extremely meticulous, knowledgeable, and a fearless advocate.”