Experience

Émilie is an extradition, public and international law specialist. She is recommended in the directories across multiple practice areas and has appeared before the Supreme Court, Court of Appeal and Divisional Court. She represents UK and foreign government departments, individuals and NGOs.

Directories

Chambers and Partners 2020 A “smart and able” up-and-coming barrister who is frequently instructed in cases concerning European Arrest Warrants. She also has expertise in cases concerning international criminal law. Strengths: “She’s fantastic. A lot of barristers are good at either paperwork, client care or advocacy, but she is good in all three regards”. “A very capable advocate who is thorough in her research”.

Legal 500 2020 “She is highly intelligent, thorough and a tireless worker.”

Chambers and Partners 2019 She is “Intelligent and clear-sighted,” recent work: Acted in Kortas v Poland for the requested person in a Divisional Court case concerning specialty protection in Poland.

Legal 500 2018 “She has an excellent knowledge of the law, which she uses to identify and pursue new arguments.”

Legal 500 2017 A promising member of the junior extradition bar.

Appointments

Crown Prosecution Service Extradition Panel Grade 3

Education

  • Mst International Human Rights Law, Oxford University
  • LLB Durham University

Professional Memberships

  • Defence Extradition Lawyer’s Forum
  • International Bar Association: War Crime Committee

Languages

French, English


Attorney General Panel

Appointed to C panel

Connect

TD v Albania [2021] EWCA Civ 619

Court of Appeal decision concerning the interpretation of the ‘unduly harsh’ test pursuant to Part 5A of the Nationality Immigration and Asylum Act 2002.

Émilie appeared alone against Ramby de Mello QC.


Wozniak v Poland [2020] EWHC 1459

The lead case in the rule of law challenge to extradition to Poland. Fordham J granted permission to the requested person challenging the independence of the judiciary in view of legislative amendments concentrating power in the hands of the Minister of Justice.

The judgement in the full hearing is to be handed down in the autumn of 2021.

Émilie Pottle was led by Clare Montgomery QC


Shirnakhy v Germany [2020] EWHC 1103

The lead case concerning the validity of European Arrest Warrants issued by Germany following the CJEU’s decision that warrants issued by prosecutors there were invalid.  Important guidance on the meaning of the term ‘issuing judicial authority’ under UK law was given.

Émilie was led by David Perry QC.


R v RTA [2019] UKSC 55

Supreme Court decision concerning the interpretation of article 1 of the UN Convention Against Torture. The appeal arose out of a domestic prosecution, under universal jurisdiction provisions, for offences of torture carried out during the Liberian civil war.

Read more

Varga v Romania [2019] EWHC 890

Leading Divisional Court decision concerning the compatibility of prison conditions in Romania with Article 3 of the ECHR. Émilie was in instructed for the Requested Person and led by Edward Fitzgerald QC.


Shumba & Ors v France [2018] EWHC 1762

Leading Divisional Court decision concerning the compatibility of prison conditions in France with Article 3 of the European Convention on Human Rights (ECHR). Émilie was instructed for the Requested Person and led by Alison Macdonald QC.


King v France [2015] EWHC 1762

Leading Divisional Court decision concerning the technical requirements of European Arrest Warrants. Émilie appeared alone against Clare Montgomery QC.


The Prosecutor v Saif Gaddafi ICC 01/11-01/11

Émilie was instructed for the Defendant in the Libyan Government’s appeal against the decision to declare the case inadmissible before the International Criminal Court. Émilie was led by John R W Jones QC.


A Practical Guide to Extradition Law Post-Brexit

9th September 2021

Published on 6 September 2021 by the TGC Extradition Team.


PERMISSION GRANTED IN RULE OF LAW CHALLENGE TO POLISH EAWs

10th June 2020

On 8 June 2020, Lewis J in the case of Wojciech Chlabicz v Poland (CO/4976/2019) and Fordham J in Robert Wozniak v Poland (CO 4299/2019) granted permission to appeal on the basis of recent Constitutional changes in Poland which effect the independence of the judiciary, in particular the introduction of the “muzzle law”.

Read more

German EAWs: Divisional Court approves local courts as ‘judicial authorities’

11th May 2020

On 6 May 2020 Judgment was handed down in the case of Shirnakhy & Anr v Weiden Local Court & Anr [2020] EWHC 1103, in which Lady Justice Nicola Davies and Mr Justice Lewis considered whether local courts (Amtsgerichte) in Germany were competent judicial authorities within the meaning of Article 6(1) and 6(3) of the Framework Decision, and so able to issue European Arrest Warrants (EAWs).

Read more

TGC Welcomes Émilie Pottle to Chambers

4th March 2020

We are delighted to announce that Émilie Pottle has accepted an invitation to join Temple Garden Chambers. Émilie specialises in extradition, public and international law. She is a member of the Attorney General’s ” C” Panel.


Privacy Notice

This document describes the information that Emilie Pottle, in her professional capacity as a barrister, collects about data subjects, how it is used and shared, and the data subjects’ rights regarding it.

Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to advise and represent you. I might also need to collect and hold personal information of third parties.  I will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I collect and hold about you, how it is used and shared, and your rights regarding information.

DATA CONTROLLER

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple EC4Y 9DA  and my registration number is ZA031120.

DATA COLLECTION

The vast majority of the information that I hold about you is provided to or gathered by your legal team in the course of your case and/or proceedings. Your solicitor will tell you why we need the information and how we will use it.

THE LAWFUL BASIS FOR PROCESSING YOUR INFORMATION

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • To protect the vital interests of a data subject or another person
  • Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

EXAMPLES OF LEGITIMATE INTERESTS INCLUDE:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  • Processing is necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security.

Our Lawful Basis can include any of the above as appropriate, but will generally be consent and/or performance or facilitation of the contract for the provision of legal services to you.

I have another Lawful Basis for processing your information (and that of any third party).  That is for the legitimate interests of my business as a barrister.

I WILL USE YOUR INFORMATION TO:

  • Provide legal advice and representation
  • Assist in training pupils and mini-pupils
  • Investigate and address your concerns
  • Communicate with you about news, updates and events
  • Investigate or address legal proceedings relating to your use of my services/products, or as otherwise allowed by applicable law
  • Make statutory returns as required by HMRC

I do not use automated decision-making in the processing of your personal data.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

CLIENT DATA

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information
  • Medical Records
  • Employment Records
  • Social Security Records
  • Criminal Records

I MAY SHARE YOUR PERSONAL DATA WITH:

  • Instructing solicitors
  • Pupils or mini pupils, under my training
  • Opposing Counsel, for the purposes of resolving the case
  • My Chambers management and staff who provide administrative services
  • My regulator or legal advisors in the event of a dispute or other legal matter
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations
  • Any other party where I ask you and you consent to the sharing
  • Experts or witnesses involved in legal proceedings in respect of which you instruct me.

TRANSFERS TO THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS

I do not transfer any personal data to third countries or international organisations.

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as claim or dispute or a reasonable prospect of such a claim or dispute;
  • I am legally required not to do so; or
  • There are overriding legitimate business interests, including but not limited to my obligation to keep records in case of future complaint or claim against me, fraud prevention and protecting customers’ safety and security.

YOUR RIGHTS

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

ACCESSING AND CORRECTING YOUR INFORMATION

You may request access to, correction of, or a copy of your information by contacting me at Temple Garden Chambers.

MARKETING OPT-OUTS

You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.

COOKIES

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website may use cookies to:

  • Validate users;
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  • Determine frequency of accessing our content;
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I will occasionally update my Privacy Notice. When I make significant changes, I will publish the updated Notice on my Chambers website.

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TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC kmorton@tgchamber.com

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or dnorton@tgchambers.com