Heather Emmerson

Heather is a public law specialist and has a significant advisory and litigation practice in this field. Heather is instructed by both claimants and public authorities to advise on public law issues and is regularly instructed in judicial review claims and appellate cases involving public law issues. Her public law practice spans a broad range of areas including constitutional law, regulation, local government, human rights, housing, immigration, education, healthcare, and environmental law. Heather is featured as a leading public law junior in the legal directories and described as “incredibly bright and combines that with being practical and user-friendly”, “extremely good, intelligent and provides clear advice” and “a real rising star, and outstanding for her level of seniority”.

Heather is a member of the Attorney General’s A Panel of Counsel and the Welsh Government A Panel of Counsel and has appeared in several significant public law cases, including five cases before the Supreme Court. Heather is also regularly instructed by local authorities and regulatory bodies to provide advice and act in relation to public law litigation.

Heather has particular expertise in local government law and is regularly instructed to advise local authorities on a range of public law issues and has experience bringing and defending claims in this sphere, in particular judicial review claims. Her practice in this area extends to broad range of issues from elections to council tax schemes, from housing and social care obligations to planning and transport matters and governance issues. Heather has also been instructed to conduct confidential investigations on behalf of local authorities.

Heather has extensive experience in the field of regulatory law and professional discipline and she acts for both regulatory bodies and regulated individuals and firms. Her experience includes advising on regulatory investigations, enforcement action, prosecuting and defending allegations of professional misconduct in disciplinary tribunals and acting in judicial review claims and statutory appeals both challenging and defending regulatory decisions. Heather has deep sector-specific expertise in relation to professionals providing services in the legal, financial and healthcare spheres and also has a wide range of experience of cases involving industry regulators including bodies such as the Information Commissioner and the Gambling Commission.

Heather has particular expertise in legal regulation and is a highly sought after junior in this field. She has extensive experience of acting for both professional disciplinary bodies and regulated individuals and entities. Heather is frequently instructed on behalf of regulated entities and individuals in relation to regulatory investigations and has acted for many individuals (both solicitors and barristers) and l law firms in responding to investigations and appearing in disciplinary proceedings. Heather has also prosecuted disciplinary cases for the SRA and BSB. Heather frequently appears in multi-day hearings before professional disciplinary tribunals and was instructed in the longest trial ever heard by the SDT (SRA v Day and others). Heather’s expertise in the legal sector covers a wide range of regulatory issues and whilst most of her work is confidential, her recent cases have involved issues ranging from breach of anti-money laundering regulations to breach of client account rules, to sexual misconduct allegations, to litigation conduct and and dishonesty allegations. In addition to disciplinary proceedings, Heather is instructed in relation to a wide range of issues including decisions concerning authorisation, admission, conditions of practice as well as broader compliance issues.

Heather is ranked as a leading junior in Legal 500 and Chambers and Partners in the sphere of professional discipline and described as “hardworking, intelligent and charming to work with”, “incredibly bright, practical and user-friendly, “a wonderful advocate” and “a genuine rising star, she is a consummate professional in terms of application, preparation and presentation.” Her clients have commented that “she appears in the most high-profile SDT cases” and described her as “very personable, committed and thorough, and has a nice advocacy style. Courts like her and she is a very fair prosecutor.”

Heather is an experienced data protection and privacy practitioner. She advises public bodies, individuals and companies on data protection issues and has extensive experience of advising on regulatory action taken by the Information Commissioner’s Office. She also has experience of private law claims in this sphere, including data breach claims and has also been instructed in claims before the European Court of Human Rights relating to the retention of biometric data and conviction information.

Heather has an extensive advisory practice in this field and recent work includes advising on regulatory action taken in respect of cyber-attacks breaches, advising a regulatory body in relation to a pilot project for information sharing overseen by the ICO and advising in relation to claims for damages for breach of confidence and misuse of private information arising from inadvertent disclosure of sensitive information.

Heather is a public law and human rights specialist and is able to apply her experience and knowledge of Article 8 issues to the sphere of data protection. Heather also has a keen interest in media law and was instructed as part of the team of Counsel to the Inquiry on the Leveson Inquiry in relation to the press and the media. She is ranked as a leading junior in this area in Chambers and Partners and described as “fiercely bright.”

Heather is an experienced information law practitioner who regularly advises and acts for a wide range of clients on information law issues. She has acted for and advised central and local government, regulatory bodies including the Information Commissioner’s Office, NGOs and individuals on FOIA/EIR issues and has extensive experience of appearing in both the First-Tier Tribunal and Upper Tribunal in information law cases. Her recent work has included a range of high-profile cases concerning requests for information relating to law enforcement strategies in respect of small migrant boats crossing the English Channel.

Heather’s expertise in information law complements her public and regulatory law practice and she is often instructed in cases which involve cross-cutting issues. For example, Heather is frequently instructed to advise public authorities including governmental, regulatory and professional disciplinary bodies on matters involving information law issues, ranging from policy development to responses to individual information requests.