Casey v. Cartwright [2006] EWCA Civ 1280
Instructed by the Claimant, led by David Allen QC
Wood [2008]
Clinical negligence in accident and emergency department, failure to diagnose subdural haematoma leading to significant neurological disability.
Substantial damages recovered shortly before trial. Instructed by the claimant, led by Richard Hartley QC
Isolagen group litigation [2011-2013]
A novel group claim, involving claimants who had been induced to pay thousands of pounds for autologous cosmetic treatments by misrepresentations in marketing literature. The success of the claims hinged on expert microbiology evidence which proved that the marketing claims were misleading. Judgments in favour of large numbers of claimants within the group.
Instructed by the Claimants, led by Nicholas Braslavsky QC
Owen [2011]
Driver of vehicle involved in high speed head on impact with motorcyclist. Severe multiple orthopaedic injuries.
Substantial damages recovered shortly before trial.
Instructed by the claimant, led by Richard Hartley QC
Wiltshire [2012]
GP’s negligence in the administration of pain killing injection, which led to CRPS.
Substantial damages recovered shortly before trial.
Instructed on behalf of the claimant
SD [2013]
Significant brain injury claim
Contested application for substantial further interim payment
Instructed on behalf of the claimant, led by Richard Hartley QC
Wood [2015]
Driver of vehicle involved in motorway rear end shunt who, despite escaping significant physical injuries, developed conversion disorder leading to the loss of use of his dominant right arm. Substantial damages recovered shortly before trial.
Instructed on behalf of the claimant
Shipley [2016]
Football claim. Liability disputed.
Claim succeeded after a fully contested trial, including pivotal cross examination of the match referee
Instructed on behalf of the claimant
Khan [2017]
Paramedic’s negligence in misinterpreting ECG trace; failure to diagnose and treat heart attack with long term consequences.
Substantial damages recovered before trial
Instructed on behalf of the claimant
Horler [2018]
Hospital negligence in failing to follow up the claimant, and thereby missing the opportunity to diagnose and treat bowel cancer.
Substantial damages recovered before trial
Instructed on behalf of the claimant
Costa [2018]
Claim made by construction worker who was buried up to his chest when an earth wall collapsed on a building site, sustaining widespread orthopaedic and psychological injuries.
Substantial damages recovered, relatively promptly
Instructed on behalf of the claimant
Amode [2018]
Defending claim arising out of RTA. Fraud and FD alleged.
Following detailed cross-examination, findings of fundamental dishonesty were made against the claimant and the claim was dismissed, with an enforceable costs order against the claimant.
Instructed on behalf of the defendant’s insurers
Whitty [2018]
Football claim resulting in severe permanent knee injury. Liability disputed.
Listed for Pre Trial Settlement Hearing; negotiated settlement on liability for 65% of damages to be assessed
Instructed on behalf of the claimant
Welsh [2019]
Football claim. Liability disputed.
Claim succeeded after a fully contested trial
Instructed on behalf of the claimant
Bate [2019]
Defending unusual claim based on the Animals Act 1971.
Claim dismissed after a two day trial.
Instructed on behalf of the defendant’s insurers
Polhill [2019]
Dental negligence involving widespread failures of informed consent and the needless removal of several teeth.
Substantial damages recovered before trial
Instructed on behalf of the claimant
Morgan [2019]
Solicitors’ negligence in the conduct of a personal injury claim.
Substantial damages recovered before trial
Instructed on behalf of the claimant
Coulter [2019]
Surgical negligence – shoulder surgery undertaken negligently so as to leave the claimant with severe permanent shoulder pain and weakness.
JSM shortly before trial led to the recovery of substantial damages
Instructed on behalf of the claimant
Zeyrek [2020]
Attending inquest on behalf of the family, then successfully claiming damages resulting from an unexplained (and undocumented) fracture dislocation of the shoulder in an immobile care home resident
Substantial damages recovered fairly promptly
Instructed on behalf of the family
Upton [2020]
Pedestrian road traffic accident. Severe, near-fatal, multiple injuries; the claimant had to be resuscitated in the accident and emergency department.
Early JSM led to a speedy settlement for a significant sum.
Instructed on behalf of the claimant
Alfonso [2020]
Pedestrian road traffic accident. Complex medical issues relating to head injury and causation
JSM shortly before trial led to a negotiated settlement in a significantly reduced sum when compared to the claimant’s schedule of loss
Instructed on behalf of the defendant’s insurers
Finn [2020]
GP’s negligence, misinterpreting urine analysis and losing the opportunity to refer a patient for a urological opinion which probably would have led to the diagnosis and successful treatment of cancer
2019 – successfully opposed the defendant’s application to strike out the claim
Bennett (2021)
Instructed on behalf of the Claimant. Tripping case brought under the Occupiers Liability Act 1957 regarding land adjacent to Penarth Marina. The Claimant injured her left hip. Initially the local council denied that the land was their responsibility. Subsequent pre-action correspondence confirmed that the council were the owners and occupiers of the land. Liability was denied, primarily on the basis that there was no defect as such and there was no breach of the common duty of care. The claim was contested on all issues. After a two day trial by video the Claimant succeeded subject to a finding of 30% contributory negligence. The Claimant beat a part 36 offer made over a year before trial and recovered substantial damages, including an award for handicap on the labour market and the additional sums payable under CPR 36.17.
