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Emma Favata

  • Call: 1999
Emma Favata

Practice

Emma Favata specialises in civil claims against the police and public authorities, inquests and public law. Emma is committed to ensuring that her clients are fearlessly represented and their European Convention rights are vigorously defended. She was part of the 17-strong Garden Court team who, along with other lawyers for the families of those who died at Hillsborough, were awarded the Legal Aid Lawyer of the Year Award following their role in the Hillsborough Inquests.

Civil Actions Against the Police

Emma has extensive trial experience in actions against the police involving police brutality, false imprisonment, malicious prosecution, trespass to property and misfeasance in public office. Emma’s practice also includes breaches of data protection by public authorities and breaches of the European Convention on Human Rights. Emma has brought successful judicial review proceedings against the IPCC.

Inquests

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.
Emma has represented bereaved families in Article 2 Inquests involving deaths in custody, police pursuits and deaths involving NHS Trusts. Emma has brought successful judicial review proceedings arising out of inquests.

Public Law

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

Hillsborough Inquests
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.

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.

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

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.

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.

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