|
 |
 |
Practice Profile
Personal Injury
Instructed on behalf of Claimants (CFAs, legal expense insurers, trades unions) and Defendants (government departments, insurers, local authorities, National Assembly for Wales, NHS Trusts, public utilities, the Royal Mint).
Expertise in catastrophic injury claims (particularly closed head injuries, spinal injuries and upper and lower limb amputations), fatal accidents, highways accidents, industrial diseases (asbestosis, asthma, bladder cancer, dermatitis, silicosis), injuries sustained abroad (including catastrophic), NIHL, product liability, road traffic accidents, sporting injuries (including professional and international sportsmen and women), work place accidents, Q fever, WRULDS, VWF and cases under the Animals Act (particularly equine).
Instructions regularly received to appear at inquests (on behalf of the family of the deceased, government departments and insurance companies), before the CICA, in professional negligence claims arising out of personal injury actions and by insurers in cases of death by dangerous driving (particularly where there is engineering evidence and medical evidence on the issue of automatism).
Public Law, Planning and Regulatory
Health and Safety: instructed on behalf of individuals, companies and the Health and Safety Executive. Extensive experience in advising and conducting trials in the Magistrates’ Court and Crown Court and representation in the Court of Appeal. Instructions include: agricultural fatalities; workplace fatalities; fatalities caused by lost wheel syndrome; death of independent roofing contractor; work place injuries; asbestos exposure and cases involving members of the public e.g. large scale scaffolding collapse in city centre.
Environmental: extensive experience in waste, pollution and fisheries legislation and regulatory enforcement (instructions include: large scale, commercial waste offending; cases involving special/hazardous waste and pollution of areas of outstanding natural beauty, National Parks and SSIs). Prosecuted company directors. Experienced in advising in these areas, conducting trials in the Magistrates’ Court and Crown Court as well as appearing at appeals and inquiries.
NOTABLE CASES
• R v Brian Jones and Others (CA) (1997) 2 Cr App R 119 - Admissibility of taped telephone conversations
• Forthright Finance v (1) Ingate and (2) Carlyle Finance Ltd (Third Party) (CA) (1997) 4 All ER 90 - Misrepresentation and Third Party undertakings
• Mark Jones and Ebbw Vale RFC v The Welsh Rugby Union (CA) (1997) LTL 19/12/97 - Lifting of suspension of rugby union player pending allegedly unfair disciplinary proceedings
• Mark Sacco v Chief Constable of the South Wales Police (CA) (1998) LTL 15/5/98 - Admission of new evidence on appeal and Ex Turpi Causa
• Barbara Greck v Cardiff City Council (CA) (1999) LTL 15/2/99 - Duty of care owed by employer to employee when visiting premises of a third party to carry out a job
• Attorney General's Reference (No 85 of 2003) sub nom David Eversham (2004) 2 Cr App R (S) - Sentencing in death by dangerous driving. Extent to which failure to wear a seat belt by the deceased should be taken into account when the deceased would have otherwise survived
• David Adam Lewis v National Assembly of Wales (2008) LTL 30/01/08 – Threshold test for Occupier’s Liability when minor rendered a paraplegic following a motor cycle accident on land owned and occupied by the Defendant
• R v James Porter (CA) (2008) ICR 1259 - Breach of duty by headmaster, to a pupil who died following an accident in a school playground
EDUCATION
• Radyr Comprehensive School, Radyr, Cardiff
• University College of Wales, Aberystwyth
• St John's College, Cambridge
APPOINTMENTS
• Junior Counsel to the Crown (Provincial Panel). Appointed in 2000. Appointment renewed in 2003. Reappointed in 2007.
• Junior Counsel to the Attorney General's Panel of Prosecution Advocates - List A (Wales and Chester Circuit). Appointed in 2002. Reappointed in 2006.
• Junior Counsel to the Welsh Assembly Government in the specialist field of Personal Injuries law. Appointed in 2009.
• Junior Counsel to the Counsel General of the National Assembly of Wales (Common Law Panel). Appointed in 2000. Appointment renewed in 2003.
• Panel Counsel for The Speedy Resolution Scheme for clinical negligence disputes in Wales.
• Mediator (Civil and Commercial)
MEMBERSHIPS
• Personal Injury Bar Association
• Welsh Personal Injury Lawyers Association
• Wales Medico-Legal Society
DIRECTORIES
• Band 1 counsel in the Legal 500 (Personal Injury) directory:“a heavyweight”; “expert in catastrophic head injury”; “highly recommended”; "a team player, extremely thorough and approachable’".
• Nicholas David Jones features in the spotlight table in the Chambers UK 2011 Guide: 'Nicholas David Jones is "very experienced, very good with clients, and assured in conference." He continues to be involved in numerous catastrophic injury matters.
He has been ranked in the Chambers and Partners (Personal Injury) guides year-on-year as: “very strong on these matters”; “an exceptional practitioner”; “excellent client-friendly demeanour”; “stands out like a beacon for being extremely thorough and completely unfazed in negotiations”; "excellent with clients and their families and has a good legal brain"; "a particular favourite with instructing solicitors who state they feel confident in his advice".
GENERAL
• Certified Pupil Supervisor
• Advocacy Trainer (Grade A) for pupils and new practitioners on the Wales and Chester Circuit. Course Director for advocacy training for pupils on the Wales and Chester Circuit. Member of the Advocacy Training Council
• Presents talks and seminars to the Law Society of Wales, the Welsh Personal Injury Lawyers Association, firms of solicitors and students of Gray’s Inn
