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

Tim Wilkinson

Called 2006

Tim joined Parklane Plowden Chambers in 2009, having previously worked for leading firms of solicitors in London and Yorkshire.  He now represents clients in courts and tribunals across the country.  Tim regularly receives repeat instructions, with solicitors and clients praising his professionalism, determination and client-focused approach.

Tim was appointed to the Regional Treasury Panel as junior Counsel to the Crown in 2018.

Clients praise him for his professionalism, determination and client-focused approach.

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Areas Of Expertise

Areas of Expertise
Personal Injury
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Tim specialises in personal injury litigation, undertaking cases for both claimants and defendants.  In addition to a busy court practice, Tim routinely advises and prepares pleadings in fast track and multi-track cases.  He also appears regularly in relation to costs disputes.

Road Traffic Accidents

Tim acts for claimants and defendants in RTA trials across the country.  He acts in fast and multi-track matters, including fatal accident claims.  Cases include an accident concerning a motorcyclist under the influence of alcohol, a child sustaining complex psychiatric injuries and a collision involving a young child being injured crossing the road.

Public, Product and Occupier's Liability

Tim has a well-established public liability practice having acted for a number of local authorities and claimants in highways cases.  Tim regularly acts for claimants and defendants in occupier's liability matters and he has experience of multi-party claims.  Cases include a claim for a cyclist who suffered a serious head injury and for a visitor to a rehabilitation centre who suffered extensive injuries after falling from a window.

Employer's liability

Tim regularly advises and prepares pleadings in employer's liability claims.  In particular, he has experience of cases involving manual handling and personal protective equipment.  Cases include acting for claimants and defendants in manual handling disputes within warehouses and for a claimant who contracted a skin condition following exposure to a dangerous substance.

Credit Hire

Tim has a well-established practice acting for defendants in credit hire claims.  He is well-versed in the current arguments in this field, including basic hire rates and impecuniosity.  Tim is happy to advise on paper or in conference.

Motor Fraud

Tim is a member of the fraud team and has a strong practice acting for defendants in low velocity impact claims and cases involving allegations of fraud.  Tim has successfully argued for a number of findings of fundamental dishonesty and has recently given a seminar to solicitors and insurance file handlers on fundamental dishonesty/section 57 CJCA 2015.

Civil Fraud
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Tim represents defendants across the region in claims involving dishonesty.  He has a keen interest in the forensic nature of such cases and has secured numerous findings of fundamental dishonesty, in respect of both CPR 44.16 and section 57 of the Criminal Justice and Courts Act 2015.  

Tim has acted on behalf of a variety of defendants including local authorities, bus companies and insurers of individual drivers.  Cases have included issues such as induced accidents, low velocity impact, fictitious injuries and exaggeration.  In addition to appearing at Court, Tim regularly drafts paperwork including defences and Part 18 questions.

 

Insurance
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Credit Hire

Tim has a well-established practice acting for defendants in credit hire claims.  He is well-versed in the current arguments in this field, including basic hire rates, need and impecuniosity.  Tim is happy to advise on paper or in conference.

Motor Fraud

Tim is a member of the fraud team and has a strong practice acting for defendants in low velocity impact claims and cases involving allegations of fraud.  Tim has successfully argued for a number of findings of fundamental dishonesty and has recently given a seminar to solicitors and insurance file handlers on fundamental dishonesty/section 57 CJCA 2015.

Clinical Negligence
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Tim was involved in complex clinical matters and in regulatory work prior to practising at the Bar. 

Since joining the Bar, Tim has acted for claimants and defendants in a variety of clinical disputes including failures to diagnose, failed surgical procedures, unnecessary operations and death during admission.  Tim routinely drafts pleadings and advises on liability and quantum, both in conference and on paper.

Inquests & Fatal Accidents
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Tim has appeared at inquests in a variety of matters including an Article 2 matter arising from death on a mental health unit, accidents at work, road traffic accidents and clinical concerns.  Tim has experience of appearing for families of the deceased and for potential defendants to future actions.
Public & Admin Law
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Inquests:

Outstanding court advocacy skills and sensitive handling of witnesses both in and out of court, means that our team are in demand. Many have been involved in high profile cases and we are adept at handling media interest in cases.

We offer a continuity of representations from inquests through to any civil actions for damages arising post-inquest. This helps foster strong barrister-client relationships to ensure the best possible outcome.

We have expertise in inquests and public inquiries into deaths involving:

  • Police, prison and immigration custody
  • healthcare (hospital) and GP treatment
  • psychiatric issues including those lacking capacity and or suffering from a mental disorder - occuring both in and outside psychiatric facilities
  • road traffic accidents
  • accidents at work, including industrial disease deaths
  • military personnel
  • high profile public interest cases
  • jury-led inquests
  • human rights issues
  • local authorities and social services
  • schools and other educational establishments
Employment
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Tim has built an extensive practice representing clients on all aspects of employment law, in the ET and the EAT.  He is instructed by claimants and respondents, and he routinely appears in tribunal on multi-day cases.  Tim is often instructed to advise and draft pleadings, and is happy to discuss potential cases pre-litigation. 

Tim's regular clients are in both the public sector (local authorities and through his work on the Treasury Panel) and the private sector (insurance firms and SMEs).  He also accepts instructions on a direct-access basis.  

Tim is a regular contributor to the employment website Emplaw Online.

 

EAT cases:

Dimitriu v Testerworld [UKEAT/0088/19/00]: Successfully represented the Respondent in the Claimant's appeal against the dismissal of her claim following non-attendance at the final hearing.   

Chambers v Cerebra [UKEATPA/0231/17/LA]: Represented the Respondent in the Claimant’s appeal against the tribunal’s findings in relation to disability.  The Claimant’s claims had all been dismissed at tribunal.  The Claimant sought a finding of disability from an earlier date and a consequential overturning of the dismissal of her reasonable adjustments claim.  

Malek v North Yorkshire County Council [UKEAT/0216/17/DA]: Successfully represented the Respondent in the Claimant’s appeal against the dismissal of his claim for failure to attend a resumed hearing.  The Claimant sought to overturn the tribunal’s case management decision.  Much turned on the interpretation of Rule 47 and whether the Claimant had been ‘represented at the hearing’ (his representative having telephoned into tribunal and sought an adjournment).  

Walker-Smith v Perrys Motor Sales Limited [UKEATPA/0434 and 0442/17]: Represented the Respondent in this response and cross-appeal.  The Claimant’s appeal against the level of contributory fault was upheld but the Respondent successfully cross-appealed to limit losses to the notice period (the Claimant having handed in his resignation prior to his dismissal).  

Appleby v (1) The Governing Body of Colborn Community Primary School (2) North Yorkshire County Council [UKEAT/0334/15/JOJ]: Successfully represented the Respondents in the Claimant’s appeal against the tribunal’s findings regarding the onset of disability, and the consequences thereof. The case involved complex issues including the nature and extent of mental impairments, constructive knowledge and reasonable adjustments.

Notable Cases
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Employment

EAT:

Dimitriu v Testerworld [UKEAT/0088/19/00]: Successfully represented the Respondent in the Claimant's appeal against the dismissal of her claim following non-attendance at the final hearing.   

Chambers v Cerebra [UKEATPA/0231/17/LA]: Represented the Respondent in the Claimant’s appeal against the tribunal’s findings in relation to disability.  The Claimant’s claims had all been dismissed at tribunal.  The Claimant sought a finding of disability from an earlier date and a consequential overturning of the dismissal of her reasonable adjustments claim.  

Malek v North Yorkshire County Council [UKEAT/0216/17/DA]: Successfully represented the Respondent in the Claimant’s appeal against the dismissal of his claim for failure to attend a resumed hearing.  The Claimant sought to overturn the tribunal’s case management decision.  Much turned on the interpretation of Rule 47 and whether the Claimant had been ‘represented at the hearing’ (his representative having telephoned into tribunal and sought an adjournment).  

Walker-Smith v Perrys Motor Sales Limited [UKEATPA/0434 and 0442/17]: Represented the Respondent in this response and cross-appeal.  The Claimant’s appeal against the level of contributory fault was upheld but the Respondent successfully cross-appealed to limit losses to the notice period (the Claimant having handed in his resignation prior to his dismissal).  

Appleby v (1) The Governing Body of Colborn Community Primary School (2) North Yorkshire County Council [UKEAT/0334/15/JOJ]: Successfully represented the Respondents in the Claimant’s appeal against the tribunal’s findings regarding the onset of disability, and the consequences thereof. The case involved complex issues including the nature and extent of mental impairments, constructive knowledge and reasonable adjustments.

Tribunal: Discrimination

JK v Secretary of State for Work and Pensions: represented the Claimant in this multi-day claim of disability discrimination and unfair dismissal, following her dismissal for capability reasons. Represented the Claimant at the separate liability and remedies hearings. 

Claim for unfair and wrongful dismissal and perceived disability discrimination after the Claimant was dismissed for allegedly attending work under the influence of alcohol. 

Case of alleged sex discrimination and/or discrimination on the grounds of pregnancy and maternity.

Tribunal Unfair Dismissal: 

Redundancy: represented a large insurance firm in a multi-day claim of unfair dismissal following redundancy. The two claimants alleged, amongst other things, that the process was pre-determined and biased.

Claim of constructive unfair dismissal following a TUPE transfer and an alleged demotion/removal of duties. 

Case concerning allegations of unfair and wrongful dismissal following dismissal for attendance at work under the influence of drugs. 

 

Personal Injury/Clinical Negligence

Brain Injury: Settled a multi-million pound case involving a young man who sustained a brain injury in a road traffic accident.  His future earnings capacity was severely affected and his care needs were significant. 

Employer's Liability: Settled, at JSM, a claim involving a public servant who had been assaulted whilst at work.  The injuries were physical and psychological and the claim relating to loss of earnings, in particular, was significant.  The claim was pleaded in excess of £1.5m. 

Consent: Advised, to a conclusion, on a claim involving a failure to obtain adequate consent for a mesh impant procedure.  The causation arguments, relating to the consent and the mesh itself, were particularly contentious.  

Surgery: Advised, to a conclusion, on a claim involving involving negligent breast surgery.  The claim also contained allegations regarding consent.

 

Fraud/Fundamental Dishonesty

CPR 44.16

Secured a finding of fundamental dishonesty in a claim arising from a minor road traffic accident.  The trial Judge found that the Claimant had intentionally misled the medical expert by omitting to disclose previous neck symptoms (the Claimant having admitted in cross-examination to misleading the expert).  The Judge's conclusion was that the Claimant only admitted to certain aspects of her claim when cornered during oral evidence.  He held that she had been dishonest in relation to all of her injuries.  

Acted for a defendant bus company.  The Claimant had been a passenger on the bus but gave poor evidence in relation to the accident circumstances and her symptomology.  The trial Judge concluded that the Claimant had been dishonest, and disapplied QOCS as a conseqence.

Acted on behalf of a defendant who was alleged to have reversed into the claimant before driving off.  There were a number of inconsistencies in the Claimant's evidence, in terms of both the accident and the alleged injuries.  He failed to produce his two passengers and friends as witnesses, and there was a lack of contemporaneous or consistent medical evidence.  The Judge dismissed the claim and disapplied QOCS.  

Section 57 CJCA 2015

Defended a claim from a claimant who alleged he had been struck by a bus emerging from a bus stop.  There was little by way of visible damage.  The Judge accepted that there had been a collision, at low velocity, and that the Claimant had sustained some injury.  Following cross-examination, the Judge found that the Claimant had failed to give a coherent account of the aftermath.  He had 'exaggerated his claim, and significantly so', particularly in relation to his claim for loss of earnings.  The Judge accepted the submission that Section 57 applied and dismissed the claim, with costs. 

Publications
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Regular contributor to Emplaw Online - https://www.emplaw.co.uk/. Tim has also given seminars in-house and to a wider audience; please contact the clerks with enquiries.

 

Personal Details
Education

LLB (Hons) Manchester University (2002-2005), BVC Manchester Metropolitan (2005-2006)

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