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Practice Profile
• Personal Injury especially Occupational Illness/Disease Litigation, Spinal, Head Injury and Clinical Disputes.
• Human Rights and Commercial Matters, including Employment, Fraud and Professional Negligence.
• ADR Group-accredited Mediator
• Particular expertise in complex scheduling. Formerly member of the IT / Practice Development Committee of the Bar Council. Fully familiar with use of data/text processing and communications including video-conferencing facilities for conferences and hearings. Regularly accepts urgent instructions by e-mail and normally provides pleadings and advices by e-mail unless hard copy requested.
GUIDES
- Recommended by Legal 500 as first tier counsel for Personal Injury.
In the 2010 edition the editors described Theo as
..."extremely dedicated and hardworking – a powerful advocate"
In the 2011 edition the editors note that
"Newly made up silk Theodore Huckle QC has recently been appointed to the coveted position of Counsel General for Wales."
- Recommended by Chambers & Partners as first tier counsel for Personal Injury.
In the 2009 edition the editors commented:
"… Theo Huckle is excellent at all serious personal injury cases but has particular expertise in industrial disease and occupational illness claims.Sources have been bowled over by his expertise on cases involving noise-induced hearing loss."
and in the 2010 edition they noted that:
Theo Huckle… impresses sources with his "meticulousness, and the depth of his knowledge".
- Recommended by Chambers & Partners as first tier specialist Disease counsel for the UK.
REPORTED AND APPELLATE CASES
- Axa v The Lord Advocate [2011] UKSC 46
Theo led as Counsel General for the First Minister for Wales successfully intervening in the insurers' challenge to the validity of the Scottish Parliament's Act which overturned the ruling in the Pleural Plaques cases (Rothwell etc.) to make pleural plaques a sufficient injury to be compensatable in damages.
- Baker v Quantum Clothing Group
[2011] UKSC 17
[2009] EWCA Civ 499; [2009] P.I.Q.R. P19; (2009) 153(21) S.J.L.B. 29; Times, June 17, 2009 (Sedley, Smith & Jacob LJJ)
[2007] EWCA Civ 750
[2008] EWCA Civ 823
[2009] EWCA Civ 566
Appeals to Court of Appeal and Supreme Court from decision in Parkes & Ors. v Meridian & Ors. [2007] EWHC B1 (QB) “NDDL” (Nottinghamshire and Derbyshire Textiles Deafness Test Claims) Theo represented the group Claimants throughout and Miss Baker in both appeals. The Claimants were mainly female sewing machinists employed in Midlands textiles factories from 1960s. The Defendants were the major textiles groups Courtaulds, Coats and Pretty Polly. Major issues of liability for occupational noise exposure below 90 dB(A)L8 prior to 1990. Costs put at c. £10m. Court of Appeal interlocutory hearings with respect to costs of additional appeal respondents and ATE indemnity information reported [2007] EWCA Civ 750 and [2008] EWCA Civ 823. The Supreme Court gave important guidance on levels of noise attracting employer's liability and on the meaning of “safe” for the purposes of the Factories Act 1961 and hence for similar successor provisions.
- Teague v Mersey Docks & Harbour Board [2008] EWCA Civ 1601 [2009] All ER (D) 249 (Wall, Kay, Moses LJJ)
Limitation in industrial deafness claims. Also McNally & Dagnall v MDHC [2009-10], further test limitation cases arising from similar issues concerning dock workers in the period leading to the Dock Strike in 1994-5.
- Field v British Coal [2008] EWCA Civ 912 (May, Moore-Bick, Lawrence Collins LJJ)
Limitation in disease claims post Hoare/Catholic Care (HL). Subjective aspect of date of knowledge ss14(1) and (2) and constructive knowledge s14(3).
- Furniss v Firth Brown Tools Limited [2008] EWCA Civ 182 (Buxton, Laws, Smith LJJ)
Limitation in disease claims post Hoare (HL). Knowledge of the Claimant and trigger events for S14(3) constructive knowledge.
- Williams v Welsh Ambulance Services NHS Trust [2008] EWCA Civ 81 (2008) 105(9) L.S.G. 30 (Smith, Thomas, Lloyd LJJ)
£2m Fatal Accident (RTA) claim involving difficult issues of meaning of "dependency". Claims for adult statutory “dependants” in context of family business successfully continued after the death.
- PRP Architects v Reid [2006] EWCA Civ 1119 [2007] ICR 78 [2007] PIQR P4 (Pill LJ, Smith LJ, Neuberger LJ)
Meaning of "work equipment", "for use at work" and "used at work" within the Provision and Use of Workplace Equipment Regulations 1998 and hence applicability of those regulations, and of the Workplace (Health, Safety and Welfare) Regulations 1992, to a defective lift in the common parts of an office building and used by all the tenants and their employees.
- Smith v Notaro v Plumbase [2006] EWCA Civ 775 CA (Ward LJ, Rix LJ, Gage LJ)
Competing duties of employer and site controller when employee carrying out manual handling operation using unsafe walkway. Liability of employer for failure to train employee as to manual handling risks of using unsafe walkways despite being "largely a matter of common sense".
- Herring v MOD [2004] 1 All E.R. 44 CA [2003] EWCA Civ CA (Potter & Tuckey LJJ, Wall J)
Proper ambit of the Loss of Chance principle (Doyle v Wallace) in personal injury cases.
- Midco v Piper [2004] EWCA Civ 476; [2004] N.P.C. 59 (Peter Gibson & Tuckey LJJ, Sir Martin Nourse)
Damages assessment in tortious deceit.
- Morris v Jones & McCormack [2003] EWCA Civ CA (Ward & Clarke LJJ, Sir Anthony Evans)
Misrepresentation: inducement, reliance and loss issues.
- R v Lloyd, McCarthy, Warren [1998] RTR 374 CA (Otton LJ, Sachs J, HHJ Rivlin)
Admissibility of DVLA records and computerised business records.
- Julian Hodge Bank Ltd v Hall [1998] CCLR 14, CA (Saville, Thorpe & Judge LJJ)
Consumer Credit Act: Meaning of "Total Amount Payable" and related expressions.
OTHER NOTABLE CASES
- Vincent Cook (2011) CICA
Complete incapacity case. CICA claim (original CICB scheme) for a child brain-damaged as a baby in an assault by his mother. Instructed as leading junior. Highest reported award for PSLA (£210,000) obtained in 2005. Further interim order in 2007 for payment of £350,000 for immediate re-housing costs. Final order of £5.3m 2011.
- Evans & Hindmarch v Virgin Atlantic Airways (2011) HHJ McKenna as Deputy HCJ
Complex claims for WRULD by beauty therapists required to carry out Shiatsu massage upon flight passengers. Follows from King & Rimmer v Virgin Atlantic Airways (2005) below. Full Ogden 6 future loss awarded to Mrs Evans. Judgment sums of £225,000 and £70,500 respectively.
Theo is also instructed in the linked professional negligence action of Hindom v Lyons Davidson (2010-).
- Colvin v Manx Energy Authority (2011)
First claim for noise induced hearing loss on the Isle of Man. Test litigation representing many potential claims. Breach of duty by the MEA established.
- Bedford v Rockwool (2010-)
Complex occupational asthma claim for worker in insulation factory exposed to formaldehyde and isocyanates. Trial 2010. Appeal listed December 2011.
- Bevan v Burton (2010-11)
Brain injury; Claimant knocked down by speeding car as he crossed road on way home after evening socialising. Contentious issues as to contributory fault and quantum > Settled for £400,000.
- Smith v St Regis Paper (2007-)
Young male factory worker in paper mill crushed by industrial paper roll. Very seriously disabled. Claim value > £4m. Ongoing.
- Wilson v Gloucester CC (2010-)
Fatal accident caused by drainage problems on major A road leading to ice formation. After initial resistance primary liability now admitted and case proceeds upon disputed contributory fault and quantum issues.
- London Brick claims (2009-10)
Test noise induced hearing loss claims representing several 100s of like Claimants.
- Jones v Merthyr Tydfil BC & Ors. (2008-10)
Brain injury sustained by participant in World Wide Entertainment wrestling training session “tag bout”. Contentious issues of liability of local authority occupier and manager of the leisure centre premises.
- Owen v RCT (2009-)
Brain injury sustained by inspirational art teacher previously featured in BBC TV series about the Rhondda valley.
- Thomas v Walmsley (2010-)
Brain injury in road accident to 7 months old boy.
- Lambe v Withington (2010)
Brain injury in road traffic accident.
- Lovering v Joyner (2010-)
Serious multiple fractures to pelvis and right leg/thigh/hip suffered by successful building contractor in road traffic accident. Ongoing claim > £1m.
- Savage v Hornbuckle (2007-)
Brain injury; Claimant knocked down crossing road on busy Saturday evening at the Southsea pier. Contentious issues as to contributory fault and quantum > £1m.
- Steene v Rob Masters Ltd (2011)
Road traffic accident in which young lady GP client sustained serious physical and psychological injuries so that she is unable to return to medical practice. Liability trial before HHJ Vosper QC in Swansea resulted in 100% judgment for Claimant. Due for trial of quantum issues during 2011. Settled at JSM for £290,000.
- Weil v Cardiff & Vale NHS Trust (2009-10)
Complex clinical negligence claim for amputated ischaemic leg in elderly patient.
- A v B (2009) HHJ Jarman QC and HHJ Seys-Lewellyn QC as deputies.
Settlement for c.£5m for a child (Paediatric Cardiac Surgery negligently undertaken). Conducted as lead counsel. Award £5.2m capital equivalent but including periodical payments of £140,000 pa for future care. Reargued on complex technical issues as to correct form of order following the NHSLA standard form agreed by Sir Christopher Holland in the Thompstone cases.
- Stevens v Hickes (2009) HHJ Vosper QC
Complex and high value pain disorder case; Claimant weapons systems consultant who suffered a pain disorder following a relatively minor car accident. Claimant represented bettered Defendant's offer at trial by £150,000 after full trial over 8 days.
- Lech v Jimmy Construction Limited (2009-)
Polish joiner suffered serious leg injury working for British construction company in Spain; jurisdictional issues (Rome II); value c.£1m. Ongoing.
- Swirzynska v UKR (2010)
Fatal Accident: Polish national working in the UK: concrete crane counterbalance block fell to the ground completely crushing the deceased below. Large dependant family in Poland. Complex transnational quantum issues.
- Ross v Grooms-Shaftesbury (2008)
Instructed by Reynolds Porter Chamberlain to advise the Grooms-Shaftesbury residential care group with respect to deaths in care arising from alleged substandard care and clinical fault.
- Wheeler v Roberts(2008) HHJ Seys-Llewellyn QC
Patient settlement approval for seriously injured man of severe learning difficulties; settlement securing ongoing local authority care with large lump sum for past gratuitous care.
- Humphries v Barclays(2008)
HHJ Chambers as deputy in Cardiff Mercantile Court Led by John Jarvis QC in high value cheque fraud claim against bank. Theo conducted disclosure, mediation, contested application and (unled) negotiated the settlement at £300,000.
- Warwick-v-Farr(2008) HHJVosperQC
The highest known court award (£445,000) for noise injury.
- Re Lee Humphreys (2008) Coroner Rogers, Swansea
Art. 2 Inquest (death-in-custody).
- Coffin & Tarrant v Ford Motor Co (2008)
HHJ Hughes QC, Winchester, test cases representing 100+ claims for hearing aid provision after noise induced hearing loss.
- Picton v Southfield Engineer (2007) HHJ Bullimore, Sheffield
Diagnosis in deafness claims in the light of the Parkes v Meridian (NDDL) rulings.
- Clement v Wetherilt [2007] EWHC 602 (QB) HHJ Semour, Royal Courts of Justice
Serious spinal injury with almost complete severance of spinal column.
- King & Rimmer v Virgin Atlantic Airways (2005) Winchester (Tugendhat J) WRULD
Successful claim for Virgin beauty therapists injured by repetition of Shiatsu massages upon customers at First Class lounges at Gatwick and Heathrow.
- Poyner v Linde Heavy Truck (2003) Elias J, Cardiff
VWF: limitation, causation and breach of employer's duties.
PUBLICATIONS
Books and Practitioner reference works
• Butterworths Personal Injury Litigation Service (Section Editor: Principles of Damages Compensation; and Future Loss) LexisNexisButterworths (2011 edition)
• Munkman on Employer’s Liability (Section Editor: Noise Induced Hearing Loss) LexisNexisButterworths (15th edition, 2010)
• Occupational Illness Litigation Sweet & Maxwell (Section Editor: HAVS/VWF editor) (2005- )
• Future Loss in Practice: Periodical Payments & Lump Sums, LexisNexisButterworths (2007)
• Mutual Judicial Assistance and Economic Crime (Commonwealth Secretariat 1985)
Articles
• Baker v Quantum in the Supreme Court: Implications, PI Focus, July 2011
• A Fair Hearing? [2010] New Law Journal 1709 (December)
• Reasonably Practicable, Not Reasonable, PI Focus June 2009
• Fatal Accidents: Family ties, PILJ, September 2008
• Fatal Accidents – No Loss No Claim? PI Focus, May 2008
• Not listening or just not hearing? JPIL, March 2007
• The trouble with certainty, PILJ, October 2006
• Excitations in the Court of Appeal, PILJ, November 2005
• Good vibe, vibe, good vibrations! PI Focus, October 2005
• Highway Maintenance: Mechanical Jurisprudence, PILJ, September 2005
• The Not Very Noisy Sewing Machine? (with Professor Mark Lutman) Lawtel, 2004 and APIL's PIFocus, August 2004 and October 2004
• An alternative way of calculating Smith v Manchester awards – a suggested refinement JPIL 2001 335
• Reasonable Model or Loss of Chance, APIL, December 2003
MEMBERSHIPS
• Personal Injury Bar Association Executive Committee Member
• Wales Personal Injury Lawyers' Association
• Association of Personal Injury Lawyers
• Human Rights Bar Association
• Wales Public Law & Human Rights Association
APPOINTMENTS
• Counsel General for Wales 2011-
• Member of the Bar Council 1990-2007
• Lecturer Member of the Bar Council Human Rights Education Team 1999-2000
• Wales & Chester Circuit Junior 2005
• National Assembly for Wales Civil Panel (2000-2006)
• Welsh Assembly Government Clinical Negligence Speedy Resolution Scheme Panel
• Treasury Panel 1994-2004
• Serious Fraud Office Panel 1999-2004
PERSONAL
• Born Blaenavon, Monmouthshire
• Jones West Mon. Grammar School, Pontypool
• Jesus College, Cambridge 1980-3; 1984-5, B.A., LL.M. (International), M.A. (all Cantab.) Titular Exhibitioner of Jesus, Cambridge.
• Lincoln's Inn 1983-4; Megarry Major Scholarship, Hardwick Entrance Scholarship
• Rustily fluent in German
