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Emma Rutherford

Emma Rutherford

LLB (Hons)

Call 2002

Emma specialises in immigration, crime and general civil litigation.

She advises and represents in all types of immigration and asylum cases and has an interest in nationality law. She appears frequently before the First Tier Tribunal and the Upper Tribunal, including as junior counsel in the recent country guidance case of AK (Article 15(c)) Afghanistan. She is experienced in judicial review work and is instructed in Court of Appeal matters, recently having appeared for one of the Appellants in SS and Others (Zimbabwe). Her experience as a criminal practitioner enables her to be particularly effective in deportation cases. She also has a specific interest in immigration cases with an EEA element.

The 2016 edition of Chambers and Partners notes of Emma: "Advises clients on all aspects of immigration and citizenship law, although she is most widely acclaimed for her knowledge of EEA immigration matters."
Strengths: "She is a safe pair of hands on tribunal matters, a brilliant advocate and is well liked by clients and judges."

Emma is an experienced criminal advocate providing advice and representation in all types of criminal cases including sexual offences, drugs offences, offences involving violence and dishonesty. She appears regularly in the Crown Court for both the prosecution and the defence. She has an expertise in representing vulnerable defendants and has experience in acting in cases for Defendants in cases involving issues surrounding fitness to plead.

She is also experienced in representing in driving matters in the Magistrates Court and the Crown Court. In respect of general civil litigation, Emma represents both Claimant and Defendants appearing in cases listed on the small claims track and the fast track.

Practice Groups
Immigration and Human Rights, Crime and Civil

Reported cases
A B (Sudan) CG [2004] UKIAT 00260
AK (Article 15(c)) Afghanistan CG [2012] UKUT 163 (IAC)
SS and Others (Zimbabwe) v SSHD [2013] EWCA Civ 237

Membership of Professional Organisations
Immigration Law Practitioners Association.
Midlands Circuit

Direct Access
In suitable cases Emma will undertake public access work.

Tennis, Formula One, travel, belly dancing, history and theatre and the arts.