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Practice Profile
Civitas group membership: Personal Injury and Clinical Negligence Group; member of the Catastrophic Injuries Team
Personal Injury and Clinical Negligence Group
Robert has an extensive personal injury and clinical negligence practice focusing on multi-track work. He acts both for Claimants and Defendants and is instructed regularly by trade unions, major insurers, the government and individuals. He has particular experience in catastrophic injuries, occupiers’ liability, industrial injuries and occupational illness and disease work, including noise induced hearing loss, hand arm vibration syndrome, occupational asthma, asbestos related disease, stress at work claims and work related upper limb disorders.
Robert has been involved in some of the most complex and high profile work in the disease field: for example, he was junior counsel to the Claimant in Baker v Quantum Clothing Group and others [2011] UKSC 17, in which the Supreme Court considered the issues raised in the Nottinghamshire and Derbyshire Deafness Test Litigation which was itself tried over several weeks in the High Court in Nottingham and involved claims for low level noise damage by textile workers (Parkes v Meridian (2007), Lawtel AC0112931) and in the Court of Appeal (Baker v Quantum Clothing Group [2009] EWCA 499).
He is instructed on behalf of the Defendant, the Department for Energy and Climate Change, in the Phurnacite Workers Group Litigation, involving several hundred Claimants claiming damages in respect of various cancers, chronic bronchitis and COPD. That Group Litigation proceeds in the High Court managed by Swift J. and is due for final trial over 6 weeks in October / November 2011.
Robert is Counsel to hundreds of former installers, engineers and jointers in the British Telecom deafness claims.
He acted in the South Wales Fire Fighter Deafness Litigation, and successfully represented three train drivers against Arriva Trains Wales in claims for upper limb disorders (Thomas and others v Arriva Trains Wales Ltd [2009] EW Misc 8 (EWCC), Lawtel AC0123076).
He has extensive experience in asbestos related injuries. As well as being involved in a case which raised the interesting, and not all too uncommon, issue, of whether a company which took over the rights and liabilities of a partnership which employed the deceased in the 1950s could be sued by the estate of the deceased after he had died of mesothelioma both at first instance (Carter v Freeman Group plc (2007) Lawtel AC0116614) and on appeal (Carter v Freeman Group plc [2008] EWHC 1752 (QB)), he continues to act for many claimants and families of deceased workers who have suffered asbestos related disease. Carter is referred to at 24.2.3 of the White Book on the questions of appeals from orders granting summary judgment.
Robert has also acted in numerous stress claims brought by teachers, council and hospital workers, one of which settled in December 2009 for £150,000.
Moreover, Robert has been involved in the successful defence of a claim brought against the National Assembly for Wales arising out of a claim in which the Claimant suffered catastrophic injuries when he fell from a motorcycle he was riding on a disused highway (Lewis v National Assembly for Wales (2008), Lawtel AC0116055). The claim raised interesting issues under the Occupiers’ Liability Act 1957 and, had the Claimant succeeded, would have been worth several million pound in damages. He recently acted on behalf of a Claimant who obtained substantial damages as a result of becoming wheelchair bound as a result of a psychiatric reaction to a road traffic accident.
Robert acted for the Claimant in what has become one of the leading cases on the proper interpretation of the “six pack” Regulations: Ball v Street [2005] EWCA Civ 76, [2005] PIQR P22. He is also expert in claims involving the Highways Act 1980 and appeared in Jones v Rhondda Cynon Taff [2008] EWCA Civ 1497, [2009] RTR 151 (a decision of the Court of Appeal with which he still disagrees!)
The case of McG v T, which arose out an accident in the United States and which was proceeding in the Court of Appeal in 2010, was resolved in May 2010 via a Court of Appeal mediation in which Robert acted for the Defendant / Appellant.
Significant cases involving clinical negligence include claims arising out of the late diagnosis of cancer, claims involving cerebral palsy, the failure to diagnose osteomyelitis, negligent dental treatment resulting in endocarditis and a claim concerning the failure to diagnose a serious ankle fracture having disastrous consequences for the Claimant.
He has ongoing professional negligence actions arising out failed personal injuries claims and clinical neglect and frequently acts for solicitors who have fallen foul of the CPR (see: Uphill v BRB Residuary [2005] EWCA Civ 60, [2005] 3 All ER 264; Times 8th February 2005; Independent 17th February 2005, a guidelines case on second appeals (White Book 7.6.6, 52.13.3-52.13.4, 12-55).
Robert has a detailed knowledge of limitation in personal injuries actions having been involved in numerous limitation disputes at first instance and in the Court of Appeal (for example, Furniss v Firth Brown Tools [2008] EWCA Civ 182 – noise induced hearing loss, in which Robert acted for the Claimant and which raised issues of limitation and the burden of proof – and Parsons and Warren v Perfectskill [2002] EWCA Civ 130 a claim in which he acted for the Defendants against a group of workers from a private mine who were claiming damages for industrial asthma).
He is appointed to the Treasury Panel, the Panel of Counsel to the Welsh Assembly Government in the specialist field of personal injury and to the Panel of Counsel for the Welsh Assembly Government Speedy Resolution Scheme for Clinical Negligence Disputes in Wales. He is a member of APIL, PIBA and the Welsh Personal Injury Lawyers’ Association.
NOTABLE CASES
- Baker v Quantum Clothing Group [2011] UKSC 17 (Supreme Court)
- The Phurnacite Workers Group Litigation (Swift J) (on going)
- Various Claimants v British Telecommunications plc (on going)
- Keefe v Isle of Man Steam Packet Company Limited [2010] EWCA Civ 683 (Drafting the documentation for the Court of Appeal – the trial and appeal were conducted by Robert’s colleague, Mr. Bryan Thomas.)
- McG v T (Court of Appeal, 2010) – settled at Court of Appeal mediation May 2010
- Thomas and others v Arriva Trains Wales Ltd [2009] EW Misc 8 (EWCC)
- Baker v Quantum Clothing Group (No. 4) [2009] EWCA Civ B12, Lawtel AC0121132 – application for recusal of the Court of Appeal on the basis of apparent bias of one of its judges
- Baker v Quantum Clothing Group (No. 3) [2009] EWCA Civ 499 – industrial deafness; Nottinghamshire and Derbyshire Deafness Test Litigation; liability for noise of 85dB(A)leq (8 hr) under the Factories Act 1961, s.29, and at common law
- Jones v Rhondda Cynon Taff County Borough Council [2008] EWCA Civ 1497 – personal injuries, Highways Act s.41 and s.58
- Carter v Freeman Group plc [2008] EWHC 1752 (QB) – mesothelioma – whether a company which took over the rights and liabilities of the partnership which employed the deceased in the 1950s could be sued by the estate of the deceased.
- Baker v Quantum Clothing Group (No. 2) [2008] EWCA Civ 823 (Nottinghamshire and Derbyshire Deafness Test Litigation) – joinder of respondents and costs
- Furniss v Firth Brown Tools [2008] EWCA Civ 182 – noise induced hearing loss, limitation, burden of proof
- Pagliaro v Thomas [2008] WTLR 1417 (Ch D) – dispute in respect of trust fund valued at several million pounds as to extent to which payments of interest should be considered income or capital
- Lewis v National Assembly for Wales (2008), Lawtel AC0116055 – successful defence of a claim by a catastrophically injured claimant who fell from a motorcycle whilst jumping it upon a disused highway – Occupiers’ Liability Act 1957
- Ezsias v National Assembly for Wales (2007), Lawtel AC0117319 – disclosure, data protection, damages
- Baker v Quantum Clothing Group (No. 1) [2007] EWCA Civ 750 (Nottingham and Derbyshire Deafness Test Litigation) – joinder of respondents and costs
- Parkes v Meridian (2007), Lawtel AC0112931 – test litigation on behalf of hundreds of textile workers claiming damages for noise induced hearing loss
- Ball v Street [2005] EWCA Civ 76, [2005] PIQR P22 – Provision and Use of Work Equipment Regulations 1998, regulation 5(1)
- Uphill v BRB Residuary [2005] EWCA Civ 60, [2005] 3 All ER 264; Times 8th February 2005; Independent 17th February 2005 – civil procedure, service of claim form, waiver of defective service, guidelines on second appeals
- Walton v Torfaen County Borough Council (2003), C.A. - personal injuries, highways
- Parsons and Warren v Perfectskill (2002) EWCA Civ 130. - personal injuries and disease; Limitation Act 1980, sections 14 and 33
- Volex Group plc v Evans [2002] EWCA Civ 225 – personal injuries; asthma; causation
- Greck v Cardiff County Council and Tucker, C.A. (1999), Lawtel AC9500150 – personal injuries, carer at domestic property
- Haines v TH Sutcliffe (Meat Wholesalers) Ltd, C.A. (1998), Lawtel AC9500084 – personal injuries, amendment of pleadings
- Eian Tauber Pritchard v Peter Cook and Red Ltd, C.A [1998] EWCA Civ 900, Lawtel AC8400210
- Sir Samuel Evans Scholar (1989)
- Sweet & Maxwell Law Prize (1989)
- Cardiff University Law School Prize – highest marks in law degree examinations in Wales (1989)
- Course Designer and Company Law Tutor on the Cardiff Bar Vocational Course (2006-2007)
- General Panel of Counsel to the Welsh Assembly Government: Personal Injuries
- General Provincial Panel of Treasury Counsel
- Panel Counsel for the Welsh Assembly Government Speedy Resolution Scheme for Clinical Negligence Disputes in Wales
- Member of APIL, PIBA and the Wales and Chester Circuit Specialist Bar Association
- Regularly gives Bar Council and Law Society Accredited talks
- Pupil Supervisor
DIRECTORY ENTRIES
- Chambers & Partners and Legal 500 recommended first tier counsel.
- Features in the Personal Injury National Disease Spotlight Table in the 2011 edition of Chambers and Partners. According to Chambers UK Guide: “Robert O’Leary is admired for his ‘bright intellect.' He practises in a wide variety of common law matters including insurance and professional negligence”; “Robert O’Leary … is ‘a good advocate with an easy style that is effective while being refreshing clear of pomposity” (2008)”. Robert was again recommended in 2009. “O’Leary is described as expert at handling occupational disease claims” (2010). “Noted for his ‘excellent advocacy and willingness to take on difficult cases,’ he is well respected amongst solicitors and fellow barristers” (2011).
- The Legal 500 states that Robert has received “plenty of positive feedback for his ‘intelligent and thoughtful demeanour’” (2007). “Robert O'Leary maintains a strong following for his commercial and industrial PI work” (2008) and that recommendation is endorsed in the 2009 edition. The 2010 edition also recommends Robert referring specifically to his representation of the Claimants in the case of Baker v Quantum Clothing. The most recent edition (2011) desribes Robert as: "prompt, efficient, thorough and a pleasure to work with."
