|
 |
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
NOTABLE CASES
Baker v Quantum Clothing Group [2009] EWCA Civ 499 (Sedley, Smith & Jacob LJJ)
Successful appeal by lead Claimant from decision in Parkes & Ors. v Meridian & Ors. [2007] EWHC B1 (QB) “NDDL” (Nottinghamshire and Derbyshire Textiles Deafness Test Claims) First Junior Counsel for the Claimants in test cases at Nottingham (representing 2000+ cases). Led by Brian Langstaff QC until his elevation, later by John Hendy QC. Claimants are mainly female sewing machinists in Midlands textiles factories since 1960s Defendants are 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. 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. Ongoing: Defendants' appeal to Supreme Court pending.
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.
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.
Teague v Mersey Docks & Harbour Board [2008] EWCA Civ 1601 (Wall, Kay & Moses LJJ)
Limitation in industrial deafness claims.
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 (Smith LJ, Thomas LJ, Lloyd LJ)
£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.
Ross v Grooms-Shaftesbury (2008)
Instructed by Reynolds Porter Chamberlain to advise the GroomsShaftesbury residential care group with respect to deaths in care arising from alleged substandard care and clinical fault.
Wheeler v Roberts(2008) HHJ Seys-Llewellyn
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. TH conducted disclosure, mediation, contested application and (unled) negotiated the settlement.
Vincent Cook (2005-) CICA
Complete incapacity case. CICA claim (original scheme) for a child brain-damaged as a baby in an assault by his mother. 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. Ongoing. Due for final order in 2010.
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.
Swirzynska v UKR (2008-)
Fatal Accident: concrete crane counterbalance block fell to the ground completely crushing the deceased below. Large dependant family in Poland. Value > £1m. Ongoing.
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 NDDL ruling.
Clement v Wetherilt [2007] EWHC 602 (QB)
High value quantum (spinal).
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".
King 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.
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) 6.4.04 CA (Peter Gibson & Tuckey LJJ, Sir Martin Nourse)
Damages assessment in tortious deceit.
Poyner v Linde Heavy Truck (2003) Cardiff (Elias J)
VWF: limitation, causation and breach of employer's duties.
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, CA (Saville, Thorpe & Judge LJJ)
Consumer Credit Act: Meaning of "Total Amount Payable" and related expressions.
PUBLICATIONS
• Munkman on Employer’s Liability (Contributing Editor: Noise Induced Hearing Loss) Butterworths (2009 edition)
• Personal Injury Litigation Service (Contributing Editor) Butterworths (2009 edition)
• Future Loss in Practice: Periodical Payments & Lump Sums Butterworths (2007)
• Occupational Illness Litigation Sweet & Maxwell (HAVS/VWF section) (2005- )
• 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
• Mutual Judicial Assistance and Economic Crime (Commonwealth Secretariat 1985)
PERSONAL DETAILS
• Born Blaenavon, Monmouthshire
• Jones West Mon. Grammar School, Pontypool
• Jesus College, Cambridge, B.A., LL.M. (International), M.A. (all Cantab.)
• Titular Exhibitioner of Jesus, Cambridge
MEMBERSHIPS
• Personal Injury Bar Association Executive Committee Member
• National Assembly for Wales Civil Panel
• Welsh Assembly Government Clinical Negligence Speedy Resolution Scheme Panel
• Treasury Panel 1994-2004
• Serious Fraud Office Panel 1999-2004
• Wales & Chester Circuit Junior 2005
• Member of the Bar Council 1990-2007
• Lecturer Member of the Bar Council Human Rights Education Team 1999-2000
• Member of Personal Injury Lawyer's Association, Association of Personal Injury Lawyers, Human Rights Bar Association, Wales Public Law & Human Rights Association
DIRECTORY ENTRIES
• Recommended as first tier counsel in Personal Injury by Legal 500 and Chambers & Partners
Legal 500, 2011: "extremely dedicated and hardworking – a powerful advocate’"
