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Bryony
Contact Us

Leeds 0113 228 5000
Newcastle 0191 221 2121
clerks@parklaneplowden.co.uk

Bryony Clayton

Called 2008

Bryony successfully completed her pupillage in Chambers in October 2009 under the supervision of Philip Kramer (now a full time District Judge and Recorder) and Christopher Williams. Since then she has cultivated a practice in the fields of Employment, Personal Injury and Clinical Negligence accepting instructions locally and in courts and tribunals across the country. Bryony has an extensive paperwork practice and is happy to provide advice or pleadings on an urgent basis. She has been praised by solicitors and clients as being responsive and down to earth.

Areas of Expertise
Clinical Negligence
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Bryony received a good grounding in clinical negligence during her pupillage, having observed several cases with a value exceeding one million pounds to their conclusion. Since then she has accepted instructions to provide advice and advocacy in relation to a number of clinical negligence claims involving both breach of duty and causation issues. Cases in this field have involved defective optician examinations and allegations of failures by oncologists.

Costs & Litigation
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Bryony is well-versed in arguments around litigation funding and costs, including issues arising under Conditional Fee Agreements and insurance premiums. She is able to deal effectively with the new costs arguments arising out of the Jackson reforms.

Employment
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Bryony demonstrates expertise in a number of areas of employment law including unfair dismissal, whistle-blowing, discrimination and Transfer of Undertakings (Protection of Employment) Regulations. She has dealt with many redundancy situations, as well as wages and breach of contract claims.

Bryony has represented both Claimants and Respondents in claims ranging from the very modest to those involving six figure sums. She has acted in single and multi-day cases. She has represented a multinational supermarket on several occasions and has advised and provided the advocacy for a number of NHS Trusts and care homes. She has also undertaken advisory work for local authorities. She has recently acted on behalf of an international prestige clothing company and regularly represents members of Trade Unions.

Bryony has acted in a number of Education cases in the Special Educational Needs and Disability Tribunal (now the Health, Education and Social Care (HESC) Chamber of the First-Tier Tribunal) Admissions, Exclusions, Professional Disciplinary Matters, Disability Discrimination in an educational setting, Judicial Review and Statutory Appeals involving allegations of discrimination.

Insurance
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Credit Hire

Bryony has significant experience in the area of credit hire litigation, having developed a strong Defendant practice over the last few years. She is knowledgeable on a number of aspects of unenforceability, including the Cancellation of Contracts made in the Consumer’s Home or Place of Work Regulations and subrogation arguments, together with the usual issues surrounding need, duration, impecuniosity, rate and the like.

Motor fraud

Bryony is a member of the motor fraud group, having dealt with cases of this nature on both the fast and multi-track, involving issues such as low velocity impacts, phantom passengers, staged accidents and induced accidents. She is a member of the panel of approved counsel for a number of eminent Defendant solicitors and has also acted for Claimants where fraud has been alleged.

Personal Injury & Fatal Accidents
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Bryony practises in a number of specialist areas under the Personal Injury umbrella. She provides advice, drafts pleadings and deals with interim hearings as well as trials. She has experience in a variety of forums including the Coroner’s Court, County Court, Criminal Injuries Compensation Appeal Tribunal and the Upper Tribunal (Administrative Appeals Chamber).

Inquests

Bryony has acted in a considerable number of inquests arising out of road traffic accidents and clinical negligence incidents where there is a potential civil action in the background. She has represented the family of the deceased on several occasions and has provided advice to clients and insurers following inquests as to the prospects of success in pursuing the intended injury claim. She has attended a number of inquests involving deaths in custody.

Road Traffic Accidents

Bryony has extensive experience in road traffic accident claims, having undertaken advisory, drafting and advocacy work in a multitude of cases on the small, fast and multi-track, both at first instance and at the appeal stage. She is familiar with claims involving issues under the Road Traffic Act and the Motor Insurers’ Bureau scheme. Bryony has worked for a variety of clients including pedestrians, cyclists, individual motorists, bus companies and local authorities. Her experience ranges from factual and legal liability disputes through to more complex quantum issues.

Public, Product and Occupiers Liability

Bryony has acted in a wide range of cases in the field of public, product and occupiers’ liability and has conducted holiday claims cases as well as those under the Consumer Protection Act, Defective Premises Act and Animals Act. She regularly acts on behalf of local authorities in both slipping and highway tripping cases.

Employers Liability

Bryony has a comprehensive understanding of all issues of employer’s liability and has undertaken advisory, drafting and advocacy work in relation to the ‘six pack’ regulations as well as the Work at Height regulations and Control of Substances Hazardous to Health Regulations. She is familiar with various technical issues of vicarious liability. 

Credit Hire

Bryony has significant experience in the area of credit hire litigation, having developed a strong Defendant practice over the last few years. She is knowledgeable on a number of aspects of unenforceability, including the Cancellation of Contracts made in the Consumer’s Home or Place of Work Regulations and subrogation arguments, together with the usual issues surrounding need, duration, impecuniosity, rate and the like.

Motor fraud

Bryony is a member of the motor fraud group, having dealt with cases of this nature on both the fast and multi-track, involving issues such as low velocity impacts, phantom passengers, staged accidents and induced accidents. She is a member of the panel of approved counsel for a number of eminent Defendant solicitors and has also acted for Claimants where fraud has been alleged.

Litigation Funding and Costs

Bryony is well-versed in arguments around litigation funding and costs, including issues arising under Conditional Fee Agreements and insurance premiums. She is able to deal effectively with the new costs arguments arising out of the Jackson reforms.

Notable Cases
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Employment

M v A – Claim of unfair dismissal, sex discrimination, victimisation and harassment by a store manager against his American-based employer

M v U – Claim of unfair dismissal and age discrimination by a mental health nurse against his employer involving medication administration issues

K v C – Claim of indirect sex discrimination arising out of a refusal by an employer of a request for flexible working

F v T – Claim for disability discrimination against the Respondent charity was successfully struck out at a Pre-Hearing Review on the grounds that the case had no reasonable prospects of success

M v F – Claim of discrimination, detriment and breach of Maternal and Paternal Leave Rights Regulations 1999 on the grounds of the Claimant’s pregnancy successfully defended

P v R – claim of unfair dismissal successfully defended on redundancy grounds

D v E, R and Y – Represented 3 of 34 Claimants in a claim where there was a dispute as between the three potential Respondents as to whether there had been a TUPE transfer and therefore which Respondent was liable

 

Personal Injury

Y – Multi-track claim arising out of a road traffic accident where Claimant in her 20s was seriously injured physically and mentally – issues around expert evidence on liability and quantum

P – Drafting grounds of appeal for judicial review application arising out of a Criminal Injuries Compensation Appeal

N – Acting for a local authority in a slipping claim where the court had to determine the reasonableness of the system of inspection and cleaning

S – Multi-claimant road traffic case reallocated to the multi-track after Defendant permitted to amend defence to allege fraud

W – Highway tripping case involving local authority and water board, both of which denied responsibility for the defect

P – Accident at work where C alleged exposure to substance hazardous to health at work – issues over liability and causation

S – Representing 1 of 7 Defendants in a multi-vehicle road traffic collision

 

Insurance

B  – appeal arising out of a Third Party Disclosure order made at first instance in relation to documentation supporting a claim for a delivery and collection charge – wider implications for ongoing conduct of cases involving the particular credit hire company and Defendant insurer

S –dispute surrounding reasonableness of the repair document submitted by the repairing garage in a road traffic accident by reference to evidence from another repairer

Y and R – LVI claim where, despite inconsistencies in the two Claimants' accounts the court found that the Claimants appeared honest and allowed their claims

Appointments
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Joint Head of Parklane Plowden Junior Under 7's Civil Team

Lectures
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Bryony has provided Civil Procedure Updates to a range of solicitors as well as in-house seminars including the topics of credit hire and highways cases. She is due to speak at forthcoming Personal Injury and Employment seminars hosted by Chambers and is able to provide in house talks on a variety of subject matters upon request.

Personal Details
Education

LLB 1st Class (Hons) Durham University (2004-2007); BVC (Very Competent) College of Law, Birmingham (2007-2008); Inner Temple Exhibition Award and Duke of Edinburgh Scholarship

Professional Associations

Member of Personal Injury Bar Association (PIBA) and the Employment Lawyers Association (ELA)

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