Philip Simms

Civil litigation

The Attorney General of St Helena v Thomas & Others (2017) – Instructed to represent one of the parties in an action concerning the legal recognition of same sex marriage in St Helena (led by Marc Willems QC as he then was).  The action was compromised prior to the hearing after legislation was introduced to legalise same sex marriage. 

Fitton v Ageas [2018] 11 WLUK 703 – Represented the successful defendant on an appeal concerning the applicability of the common law doctrine of mistake to the pre-action protocol for low value personal injury claims. 

Morrison v National Farmers Union (2021) – Represented the successful defendant at trial before HHJ Beech.  The defendant accepted that there had been a low velocity impact but denied that the claimant could have sustained injury.  The claimant was found to be fundamentally dishonest and ordered to pay the defendant’s costs of £9,500. 

Carter-Dean v Wakefield College (2022) – Represented the successful defendant at trial.  The claimant suffered an injury to the cervical spine in an alleged spear tackle during an amateur rugby league match between his own college’s team and the defendant’s team.  The claimant alleged that the defendant’s players were negligent and that the defendant was vicariously liable.  The judge held there was no breach of duty. 

Carr v The Ship Inn (2023) – Represented the successful claimant at a multi-track trial before HHJ Petts.  The claimant suffered injury after falling down poorly lit steps in a public house. 

C v B (2023) – Acted for the claimant at a JSM where a settlement for £221,000 was reached.  The defendant had initially offered £85,000.  The claimant had suffered serious psychiatric, respiratory, and multiple orthopaedic injuries when he was struck by the defendant motorist whilst riding his motorcycle. 

Shabir v MOJ (2024) – Represented the successful defendant at trial before HHJ Saggerson.  The claimant brought a claim valued in excess of £200,000 for orthopaedic, ophthalmic, and psychological injuries. He alleged that he had suffered injury whilst working as a prison officer at HMP Feltham when he broke up a fight in a cell involving approximately four inmates.  HHJ Saggerson dismissed the claim in its entirety, holding that the claimant had entered the cell of his own volition contrary to his training.

Inquests

The Inquest touching upon the death of Jack Barnes (2021) – Instructed by HM’s Senior Coroner for Manchester Mr Nigel Meadows as junior counsel to the inquest.  Mr Barnes was pursued from Manchester Victoria Station by contractors working for the Manchester Metrolink to Spinningfields where he was restrained for approximately ten minutes before suffering a cardiac arrest.  He later died in hospital.  The inquest resulted in a conclusion of unlawful killing.

The Inquest touching upon the death of Harry Sykes (2022) – Instructed by HM’s Senior Coroner for West Yorkshire Mr Martin Fleming as counsel to the inquest.  Harry died whilst on a rugby tour in France when he was inadequately supervised. 

The Inquest touching upon the death of Paul Stewart (2022) – Appeared on behalf of the family before HM's Senior Coroner for North Manchester Ms Joanne Kearsley.  During an altercation Mr Stewart was punched in the face by Mr Garrick, fell backwards, and struck his head on the ground thereby suffering a traumatic brain injury from which he later passed away.  Ms Kearsley did not accept Mr Garrick's evidence as a 'full and reliable account of what took place'.  Accordingly she rejected his account of having acted in self-defence and held there was 'no sufficient evidential basis upon which [she] could safely reach' the conclusion of lawful killing.  Ms Kearsley went on to record an open conclusion.

The Inquest touching upon the death of Katelyn Dawson (2024) – Instructed by HM’s Senior Coroner for West Yorkshire Mr Martin Fleming as counsel to the inquest.  Katelyn was hit by a car whilst waiting for a bus to school and tragically passed away in hospital later the same day.  After a police investigation, the thoroughness of which was contested by Katelyn's family, the Crown Prosecution Service declined to prosecute the driver.  The inquest was heard over seven days.  Evidence was heard from several eyewitnesses, treating physicians, accident reconstruction experts, a Consultant Neurologist, and a Consultant Respiratory Physician.  Mr Fleming concluded that it was more likely than not that the driver suffered a temporary loss of consciousness as a result of a vasovagal syncope whilst at the wheel and so could not have avoided the collision.

The Inquest touching upon the death of Shafaq Khan (2024) – Appeared on behalf of the MOJ before HM’s Senior Coroner for West Manchester Mr Timothy Brennand.  Mr Khan was an inmate at HMP Hindley when he was taken ill.  He later died in hospital.  It was suggested by one of the witnesses that prison officers had failed to act upon being informed of Mr Khan’s deteriorating condition.  After hearing the evidence Mr Brennand described the witness in question as an unimpressive witness and stated he did not accept that custody staff would have deliberately ignored concern of an acute medical event if it had been reported.  Mr Brennand gave a non-critical narrative conclusion.