Emma Harris
Called to the Bar in 2011
Emma is an experienced practitioner specialising in commercial litigation, contractual disputes and property litigation (primarily in landlord and tenant and housing law).
She has also developed a niche in challenging civil penalty notices issued for the employment of illegal workers.
AREAS OF PRACTICE
- Commercial
- Property
- Public Law
RECENT CASES
Jen & Jamie Ltd v SSHD (2026) – Instructed to lead in the Court of Appeal, listed in October 2026, having been granted permission on the question of whether a judge on appeal against the imposition of a civil penalty for employing illegal workers is bound by the SSHD’s Code of Practice or can exercise discretion and take into account general mitigation.
A (Occupant) v London Borough of Newham & H (Managing Agent) – Advising and appearing whether the question was whether a lettings agency or a local authority had the repairing obligations for a property when an agency lets properties to a local authority to enable the local authority to fulfil its duty to provide accommodation to homeless individuals. Questions to be determined included whether it is the local authority or the agent who is a “landlord” under these arrangements and whether any cause of action exists for the occupant of a property in disrepair against either the local authority or the letting agent.
NPower v AP (Fast Food Business) – Advising, drafting and appearing for the Defendant in a contractual dispute over gas payments where the Court was persuaded to set aside default judgment on the basis that the Defendant has a realistic prospect of successfully defending the claim. Issues include whether a deemed contract can arise with a gas supplier and a new commercial leaseholder at a time when no gas meter is installed.
A (Company) v SSHD (2021) – Acting for the alleged employee, a successful appeal against the imposition of a civil penalty notice where the Judge was persuaded that not all work by an illegal worker will render a business liable to pay a penalty and that it is employment under a contract that is required.
N v HR Ltd (Managing Agent) (2020) – Advising and representing a letting agent in an unlawful eviction claim where the occupant had been granted interim accommodation by the local authority pending the determination of their homelessness claim. In reliance on the case of ZH and CN, R (on the applications of) v London Boroughs of Newham & Lewisham (Rev 1) [2014] UKSC 62 the claim for unlawful eviction was stuck out as it was successfully argued that such occupants are not covered by the Protection from Eviction Act 1977 and that such evictions do not require a court order for possession.
HP Ltd (Managing Agent) v P (Tenant) [2020] – Advising the landlord on the impact of the judgment of Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 in circumstances where the landlord was seeking possession under the accelerated section 21 route but where there were gaps of more than 12 months between gas safety certificates.
T (Solicitors Firm) v RG Ltd (2020) – Representing the Claimant firm against the provider of their serviced offices in a claim for breach of contract where the Defence was struck out and summary judgment was entered by persuading the Court to take a strict approach to a Defendant who had filed but failed to serve a Defence to the claim.
Emma prides herself on providing pragmatic and cost-saving advice in commercial and general civil litigation matters and is an experienced and detail-oriented drafter of statements of case. On those occasions where cases do proceed to court she is a tenacious trial advocate.
With an active immigration practice, Emma is uniquely placed to advise and represent in cross-over matters between civil and immigration law and she has developed particular expertise in appeals against civil penalty notices imposed on businesses for employing illegal workers and on landlords for renting to individuals without the right to rent.
Emma has an established practice in all matters concerning land where she accepts instructions in property and housing matters. Emma acts for both landlords and tenants, privately and on a legal aid basis, primarily in complex claims for possession, unlawful eviction, housing disrepair, homelessness, forfeiture and in 1954 Act proceedings.
Emma also advises and assists in all aspects of real property, including boundary disputes, easements, nuisance, trespass, adverse possession, and legal and equitable interests in land.
Emma appears in the First-Tier Tribunal (Residential Property Chamber) in appeals against the imposition of financial penalty notices, improvement and prohibition notices. Emma has very useful insight into the way in which these appeals are defended having previously represented Central Bedfordshire Council and advised on the development of policy documents.
Emma is an experienced immigration, asylum and nationality law specialist. She advises on complex legal issues and routinely appears in the First-Tier and Upper Tribunals on appeals and in public law proceedings.
QUALIFICATIONS
Warwick Law School: LLB (Hons)
Nottingham Law School: BPTC