David Wilby QC
Georgina Cottingham v Avon Gloucestershire & Wiltshire Strategic Health Authority, 15th May 2008, Bristol High Court.
An award was approved in favour of the Claimant at a conventional vaule of £5.6 million. This included an award by periodical payments of £140,000 per annum to provide for her future care and case management needs. Case demonstrates Mr Wilby QC's cutting edge involvement in cases involving indexation of periodical payments.
Dr C Gopakumar v General Medical Council [2008] EWCA Civ 309; CA (Civ Div) 9/4/2008; All ER (D) 113 (Apr) ; Telegraph 16th April 2008
The role of a Legal Assessor before a Fitness to Practise Panel in respect of a GP was not analogous to the directions that a criminal judge would give to a jury.
King v. Department of the Environment, Transport and the Regions [2003] EWCA Civ 730, JPIL (2003) C141
Judge had erred in finding that the design of a roundabout and its approaches was a cause of an accident where a motorcyclist ran into the island in the centre of the roundabout.
Chittock v. Woodbridge School [2002] - Levison J, QB, RCJ, PIQR P34, (2003) PIQR P81 CA
Skiing accident to pupil when on school trip to Austria. Liability found against school. Counsel for Claimant.
Chittock v. Woodbridge School [2002] - Auld L J, CA, - 2003 PIQR
First instance decision reversed on appeal, but Court of Appeal accepts Claimant's submissions as to the nature and extent of school and school teachers' obligations and supervisory duties in respect of out of school activities.
King v. DOETR- QB, RCJ, May 2002
Liability of Highway Authority in tort for design and construction of dangerous road. Primary liability in favour of Claimant and finding of contributory negligence against Claimant in respect of motorcycle accident. Liability of Defendant for design and construction of motorway slip road which resulted in Claimant travelling too fast towards a roundabout and suffering severe injuries as a consequence of collision with roundabout. Recorder appeal, June 2003, [2003] EWCA Civ 730
Wainwright v. Home Office [2002] 1 WLR 405 CA
Woolf LCJ, Mummery and Buxton LJJ – House of Lords 16th October 2003, [2003] UK HL 53 - Tort of privacy, Wilkinson v. Downton, ss.3 and 6, Human Rights Act.
Permission to appeal to House of Lords granted by Court of Appeal - permission for a petition lodged June 2002. Decided 16th October 2003 [2003] UK HL 53.
McQuade v. Chief Constable of Humberside Police [2001] - EWCA, Civ 1300, (2002) 1 WLR 1347
It is not a necessary ingredient of breach of the peace at common law and private premises that there be some disturbance to members of the public off the premises. Counsel for Humbershide Police.
Cumming v. Chief Constable of Northumbrian Police (2003) EWCA Civ
Conduct of arrest by police where five of the six suspects arrested must be innocent and are of good character - five members of Unison employed in local authority CCTV duties.
Ramsden v. Lee [1992] 2 All ER 205 CA
Section 33 Limitation Act 1980.
M v. Leeds Health Authority [2002] PIQR Q4 21 and Kemp & Kemp - Sullivan J, QB Leeds, May 2001
Severe brain injury, physical and cognitive disability. Latest case on interpretation of Roberts v. Johnson in respect of accomodation claims. Award - £3.65m.
McLoughlin v. Grovers (a firm) - Brooke and Hal LJJ and Steele J, CA [2002] PNLR 21, 2002 QB 1312, 2002 2 WLR 1279 - 2001 EWCA Civ, 1743
Foreseeability of psychiatric illness caused by solicitor's negligence in conduct of litigation.
Scott v. Wakefield Health Authority [1997] 8 Med LR 341 CA
Medical negligence - blindness - issue of tertiary referral.
Re Port (a bankrupt) [1994] 1 WLR 862
Striking out in bankruptcy.
Dunn v. South Tyneside Healthcare NHS Trust [2004] P.I.Q.R. P12 CA
Clinical Liability in respect of Section 3 Mental Health Act. Patient from mental ward resulting in overdose and severe disability.
Other notable cases:
He was one of the main Counsel in the claims arising out of the Bradford City Football fire and Sowerby Bridge lorry disaster. He was Junior Counsel for the Defence for the Travellers Coach Co and its directors in the M2 motorway crash case. He has acted in a number of aviation accidents and was recently instructed in the fatal accidents claim by the widow of an Air Force Officer who was killed on a joint exercise with the German Air Force at Goose Bay, Labrador, Canada.
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Stuart Brown QC
Legal Services Commission v Rasool [2008] All ER (D) 43 (Mar); [2008] WLR (D) 75; The Times 21st April 2008
Limitation case concerning an action to recover costs under a revoked legal aid certificate.
Catholic Care and Home Office v Young [2007] All ER 895
Limitation in case of historic sex abuse.
Bright BJ (a minor by her father and litigation friend Peter Bright) v Barnsley District General Hospital NHS Trust [2005] Lloyds Rep Med 449 ; LTL/31/1/06
Cerebral palsy caused by profound hypoxia at 36 weeks. Failure to diagnose IUGR.
Dowson v Sunderland H.A. [2004] Lloyds Law Rep. Med 177 S
Cerebral palsy alleged to have arisen consequent upon cerebral infarct.
Re X Trust [2002]
Wrongful insemination of a mother with another man’s sperm.
AB V National Blood Transfusion Serivce [2001] 3 ALL ER
Hepatitis C Transfusion Litigation.
Palmer v Marks and Spencer PLC [2001] EWCA Civ 1328
Application of Work Place Regulations to minor tripping hazard.
Schofield v Chief Constable of West Yorkshire Police [1998] 1C.R. 193
Nervous shock sustained by policewoman following firearms discharge.
Swain v Puri [1996] P.I.Q.R. p442
Child trespasser and the ambit of 1984 Occupiers Liability Act.
Hepworth v Kerr [1995] Med LR 135 & 139
Damage sustained under hypotensive anesthesia.
National Rivers Authority v Yorkshire Water [1995] 1 All ER 25 (HL) [1995] A.C. 444
Liability of statutory body for escape of sewage caused by act of third party.
Diboll v City of Newcastle Upon Tyne [1993] P.I.Q.R. P2
Apportionment between Defendants – principles upon which appellate court intervenes.
Thompson v Smiths Ship repairers [1984] 1 ALL ER 881
Leading authority on Industrial Deafness.
Saunders v Leeds Western Health Authority [1984] 129 Sol Jo 225
Res ipsa application to anaesthetic mishap.
British Coal Respiratory Disease Litigation
Joint leading Counsel for Claimants in the longest ever personal injury case leading to settlement for 80,000 + Claimants.
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Christopher Storey QC
Ali v Courtaulds [1999] LLR Medical 301
Date of knowledge for the purpose of S. 14 Limitation Act 1980 ascertainable only with the help of expert medical help.
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Tim Hirst
Binks v Securicor Omega [2003] 1 WLR 2557
Where the trail judge’s refusal to allow an amendments of the particulars of claim at the end of the hearing was overturned, the court eventually finding for the claimant.
Taylor v Ashwood Development – Current Law [2003]
Human rights Act and the use of video evidence in personal injury cases.
Black v Doncaster MBC [1998] 3 AER 631
A decision concerning whether a payment into court should be allowed to be withdrawn when it had been affected by a substantial change in circumstances.
Armstrong v Scarborough H.A. – Kemp C2-059 – 5th January 1999
Damages for penetrating brain injry causing grand mal epilepsy. Provisional damages.
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Howard Elgot
He is currently instructed in the Selby Rail crash personal injury litigation on behalf of the insurers of Gary Hart.
Bailey -v- Warren [2006] EWCA Civ 51 ; The Times, 20 February 2006 ; [2005] PIQR p15 (Holland J)
The leading case on the capacity of a brain damaged adult to compromise liability and the court's discretion to ex post facto validate an agreement with a patient.
Halsey v Milton Keynes NHS Trust [2004] 1 WLR 3002
The leading case of mediation.
Beck v Ministry of Defence [2004] 1 PIQR P1
Changing expert witnesses
Hatton v Sutherland [2002] 2 All ER1
Stress at work – the leading case
D & D v Donald [2001] PIQR Q5
Fatal Accident – impact of marital infidelity on multiplier
Clarke v Kato [1998] 1 WLR 1647 (HL)
Whether a car park is a ‘road’ for the prposes of Road Traffic Act liaiblity
Liddell v Middleton [1996] PIQR 36
Expert witness admissibility
Hill v Bruce [1995] PIQR 300
Causation of damage – contributory negigence
Roebuck v Mungovin [1994] 2 AC 224
Strike out for want of prosecution
Dale v British Coal Corp [1992] 1 WLR 964
Sect 33 Limitation Act - whether leave to appeal is required
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Elizabeth O'Hare
Bright BJ (a minor by her father and litigation friend Peter Bright) v Barnsley District General Hospital NHS Trust [2005] Lloyds Rep Med 449 ; LTL/31/1/06
Re X Trust [2002]
Wrongful insemination of a mother with another man’s sperm.
Laycock v Lago [1997] PI
Case which sets the principles to be applied in whether or not it is reasonable for a claimant to refuse to undergo medical tests)
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Christopher Williams
Pavey -v- MOD [1998] C of A
Phoenix Pubs -v- Fawcett and others [2003]
Jakto -v- Hall [2005] C of A
The correct approach to the credibility of a witness. In particular when there is expert engineering advice.
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Simon Wood
Stark -v- Post Office [2000] ICR 1013, CA
Strict liability for defective work equipment under regulation 5 of the Provision & Use of Work Equipment Regulations 1998.
Welsh - v- Messenger, September 13, 2005, HH Judge Walton, Newcastle upon Tyne County Court. (Ex rel. Simon E. Wood Esq, Barrister and Sintons, Solicitors.)
Whether a Claimant can be found contributorily negligent for failure to wear a seat belt as a passenger on a coach.
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Jeremy Freedman
Henderson -v- Wakefield Shirt Company [1977] PIQR P413, CA
Scope of duty of care for employer.
Ballantyne -v- Newalls Insulation Co. Ltd [2000] PIQR Q327, CA
Deductability of payments under Pneumoconiosis Act.
B (A child) -v- South Tyneside MBC [2002] PIQR P107, CA
Effect of damages on means assessed benefits.
D -v- South Tyneside Health Care NHS Trust [2004] PIQR P.12
Standard of care owed to a psychiatric patient by a trust.
Flynn -v- Scougall [2004] 3 All ER 609
Practical effect of acceptance of payment into court.
X NHS Trust -v- J [2006] Lloyds Reports Med P.151
Payments of costs of official solicitor by NHS Trust.
Dowson -v- Sunderland H.A. [2004] Lloyds Law Rep. Med 177
Cerebral Palsy alleged to have risen consequent upon cerebral infarct.
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Philip Kramer
Maude -v- Secretary of State [2006] 766.PC
Jurisdiction of Care Standards Tribunal after late confirmation of listing under Protection of Children Act 1999.
Thornely -v- Lang [2004] 1 All ER 886
Recovery of success fees under collective conditional fee agreement.
Ferguson -v- Welsh [1987] 3 All ER 777 HL
Duty of occupier to employee of independent contractor performing unsafe work.
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David De Jéhan
Chittock -v- Woodbridge [2002] EWCA Civ 915, (CA)
School claim by pupil against school for ski trip accident, extent and nature of duty defined and explained
R -v- Leeds Crown Court Exp Whitehead (No.1), The Times, Sept 16 1998/1084 (QBD, Div Court)
Extension of CTL and circumstances in which it is lawful.
Scott -v- Wakefield AHA [1997] 8 Med.L.R. 341 (CA)
Clinical Negligence, causation, liability of Ophthalmic Surgeons for failed laser treatment in diabetic patient
UPS Ltd v Lewis , The independent, Feb 23, 1998, CL 1998/369, (CA)
Abuse of process; small claims, application to High Court for summary judgement.
Health and Safety Law
HSE v ABP (1) and (2)
HSE prosecutions following fatalities in the Port of Hull.
Chittock -v- Woodbridge [2002] EWCA Civ 915, (CA)
School claim by pupil against school for ski trip accident, extent and nature of duty defined and explained.
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Simon Thorp
Newey v Home Office [2004]
Prisoner claiming under DDA
Taylor v Ashwood Development – Current Law [2003]
Human rights Act and the use of video evidence in personal injury cases.
Dibb v Kirklees Metropolitan District Council CA, 15th April 1999
Highway authority duty of care. Inferences that the court is entitled to draw.
Dibboll v City of Newcastle and others [1993] PIQR P16
Nuisance on the highway.
Customs and Excise v Rowland [1993] STC
Statutory interpretation
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Craig Moore
Watson v Gray & Huddersfield Town FC [1998] The Times 26th Nov.
A damages award of £930,000 was made to a professional footballer whose career had been blighted by an injury found to be negligently inflicted.
Gaynor v Blackpool FC [2001] Current Law Digest July 2002
An apprentice professional footballer whose career was ruined by the Defendant’s negligence. The valuation of the claim relied heavily on the application of ‘loss of chance’ principles.
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Richard Copnall
Yorkshire Traction v Searby [2003] EWCA Civ.1856.
Case relating to the Work Equipment Regulations – what is “suitable”. Listed for hearing in the House of Lords; November 2005.
Swain v Denso Marston [2000] P.I.Q.R. 129
Manual handling. Risk assessment and warnings.
King v RCO Times 7.2.01
What is a manual handling operation and what is ‘control’ of a workplace.
Green v Yorkshire Traction [2001] EWCA Civ 1925
Interpretation of the Work Equipment Regs In the light of the Framework Directive (89/391EC). What is the meaning of ‘maintain in an efficient state’?
Stark v Post Office [2000] P.I.Q.R. 105
Strict liability for defective equipment
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Jonathan Godfrey
Kotia v Dewhist, Bingham and Berrmans Motor Cases 11th edition 28, 106 and CL week 18/12/00
Courts discretion pursuant to CPR 3.9 for failure to serve witness statements in compliance with Court Order.
Re; Perkins – Kemp C6-001
Quantum award for general damages in the sum of £50,0000 for multiple injuries. Total award £240,0000.
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Kaiser Nazir
Mulloy v Chief Constable of Humberside Police [2002] EWCA Civ 1851
Tort of trespass to the person.
R v Marsden and Klineberg [1999] 1 CR APP R 427
Commercial fraud; section 5(3) Theft Act 1968.
Ali v Courtaulds [1999] LLR Medical 301
date of knowledge for the purpose of S. 14 Limitation Act 1980 ascertainable only with the help of expert medical help
Boyne v North Yorkshire CC [1996] NLR
Waste Management Licensing
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Andrew Axon
R(CR) 2/02
CRU test case legislation
Swain v Denso Marston [2000] PIQR 129
(Interpretation of Manual Handling
Regulations 1992)
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Michael Ditchfield
Jefferson -v- NFC Freight Carriers [2001] 2 Costs LR
Method and principles of the summary assessment of costs.
Northumbria Police, ex p. Thompson [2001] 4 All ER 354
Judicial review of blanket ban affecting employment rights of police station representatives.
R –v- Governor of HMP Pentonville ex p. Lynn QBD 12/99
Judicial review of custody time limits and legitimate expectation of release.
DPP –v- Potts [2001] RTR1
Definition of dangerous vehicle.
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Elizabeth Hodgson
Jameson -v- Central Electricity Generating Board and Babcock Energy [1998] QB 323
Effect of "full and final settlement" of a claim by the deceased during his lifetime made by one of 2 joint tortfeasors upon a subsequent claim under the Fatal Accidents Act 1976 by his widow against the other tortfeasor.
Hird -v- Milner [1998] CL
Striking out for want of prosecution.
Philips -v- Derbyshire County Council [1997] ELR 461
Judicial review of decision of Special Educational Needs.
Various Claimants -v- Metro-Cammell Limited and J W Roberts
Asbestos exposure arising from construction of railway carriages.
Wareing -v- Rhodia and Stanton Plc
Effect of alleged industrial environmental pollution upon a dairy herd in Derbyshire.
Law -v- Wansbeck District Council
Whether a local authority was a "provider of services" within the meaning of s 19 Disability Discrimination Act 1995 in granting a tenancy of domestic premises to a disabled woman.
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James Murphy
Cressy (Brian) v (1) E Timms & Sons Ltd (2) E Timms & Sons Holdings Ltd [2005] EWCA Civ 763
Definition of 'identity of the Defendant' pursuant to s.14(1) c of the Limitation Act 1980
Jakto Transport Ltd v Derek Hall[2005] EWCA
The correct approach to the credibility of a witness. In particular when there is expert engineering evidence.
Home Office v Lowles [2004] EWCA (Civ) 985
Correct approach to Regulation 12 (3) Workplace (Health Safety and Welfare) Regulations 1992
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Steven Turner
Lagden v O’Connor [2003] QB 36 (CA)
Case relating to credit car hire and issues of sham/pretence transactions, collateral warranties and the measure of loss.
Dimond v Lovell [2002] 1 AC 384 (HL) ; [2000] QB 216 (CA)
Leading case relating to the law on credit car hire.
Palmer v Marks and Spencer [2001] EWCA Civ 1528
Application of Working Places Regulations to minor tripping hazard.
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Dominic Bayne
Shimmell -v- Clark [2001] All ER (D) 309
When a Claimant is not bound by a Part 36 offer made in error.
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Ian Pennock
Dr C Gopakumar v General Medical Council [2008] EWCA Civ 309; CA (Civ Div) 9/4/2008; All ER (D) 113 (Apr) ; Telegraph 16th April 2008
The role of a Legal Assessor before a Fitness to Practise Panel in respect of a GP was not analogous to the directions that a criminal judge would give to a jury.
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Roger Quickfall
Bailey -v- Warren [2006] EWCA Civ 51 ; The Times, 20 February 2006 ; [2005] PIQR p15 (Holland J)
The leading case on the capacity of a brain damaged adult to compromise liability and the court's discretion to ex post facto validate an agreement with a patient.
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