Personal Injury

Habtu v Mckenzie [2011]

The Claimant who Andrew represented was injured in a road traffic accident by an uninsured driver. He suffered severe brain injuries, hip fractures and needed constant care and support with a case manager. Case settled for £1 million plus periodical payments of £72,500 per annum for life.

Sherlock v Pattinson [2011]  Successful settlement of claim for police officer suffering complete brachial plexus rupture and permanent flail right arm when deploying "stinger" thief catcher.  £480,000.

Ademneskel v MIB [2011]  representing brain damaged pedestrian who was run down by a thief riding a moto cross bike.  Defeating MIB defence that "off road" vehicles do not need to have RTA insurance.  Settled favourably for the claimant.

Carswell v Sec of State [2010] EWHC 3230 (QB) representing a widow asserting that the Untraced Drivers Agreement 2003 was drafted in breach of European Law because it fails to provide adequately for the claimants legal costs.

X v MIB [2009] representing brain injured child. Settled for £1.3 million plus PPOS of £32,000 rising to £70,000 for care and case management.

Streets v Esso [2009] QBD, Lawtel, Fatal Accidents Act claim, representing the successful widow, recovering a dependency award for the adult child who was in his mid 20s and still being supported by his father.  

Morjaria v Samwell [2009] Mediated settlement. Representing successful Claimant, Damages £2 million, for a Cambridge student who was run over by a lorry. Loss of career in investment banking.

Thomas v Merck Sharpe & Dohme, 1.12.2008, HHJ O'Brien, representing the Claimant who suffered ulcerative colitis whilst taking part in a drugs trial of Rofecoxib a Vioxx derivative. First successful judgment for Claimants on this drug.

Corr v IBC [2008] UKHL 13, representing the successful Claimant in her Fatal Accident Act claim arising from the suicide of her husband caused by the Defendant’s negligence 6 years earlier. Employers liability, kind of harm, forseeability and causation.

Purdue v Port Line [2008] QBD, Master Whitaker, living mesthelioma sufferer, summary judgment obtained against “bluewater” shipowners, on the basis that they had land based shipwrights. Date of knowledge 1955 of dangers from asbestos.

Berry v Ford [2007] QBD, acting for the successful Claimant, settlement, damages £500,000, 2 accidents at work, leading to fused ankle and dystonia.

Winters v Haq [2007] Leicester QBD, acting for the successful Claimant, above the knee amputation in RTA, prosthetic leg, settlement of £700,000.

Horch v Thames Trains [2007] QBD; for the successful Claimant. Damages £1.5 million.  Horrific burns & PTSD sustained in the Paddington Rail crash.

Phillips v Motor Insurers Bureau [2007] EWCA Civ 74, Times, February 21, 2007. Fatal accident claim, interpretation of the Uninsured Drivers Agreement 1999 - the successful widow of the deceased could claim damages from the MIB despite her husband knowing that the driver was uninsured.

Morby v Richards [2006] Birmingham District Registry. For the successful Claimant. £1,012,000 in damages for the Claimant who suffered a severe brain injury in a road traffic accident.

Corr v IBC [2006]  EWCA civ 331, 3WLR 395; For the successful Claimant, industrial accident causing severed ear leading to depression and 6 years later suicide.  Causation, remoteness and forseeability in PI cases. Judgment for the C in the C/A.  Value £633,000.

Miller v QBE [2006] EWHC 1529; Statutory interpretation of the Road Traffic Act 1988 S.145 – the Claimant police officer was not an employee of the insured hence able to claim compensation from the insurer under S.151 for his serious injuries when a criminal ran him down in a police car.

Clough v First Choice  [2006] EWCA Civ 15, PIQR P22, for the Claimant, young man made paraplegic after swimming pool accident abroad.

Oldham v Robinson [2004] Settlement 9/8/2004. Lawtel. For the claimant, a 33-year-old man, who received £935,000 for the spinal injuries sustained in a road traffic accident in November 1998. Paraplegia and had no movement or feeling in his legs and no control over his bowel or bladder. Much reduced life expectancy.

Wallis v Balfour Beatty [2003] EWCA Civ 72;

Employers liability, breach of Workplace Regulations, causation. For the Claimant.

Russell v Smith [2003] QBD; HH Judge Rich QC. 30/7/2003 Lawtel, For the Claimant. Liability trial. Child claimant with brain injury after road traffic accident on bike, contributory negligence.

Stiles v Thames Trains [2003] QBD, Master Whittaker, settlement. For the Claimant. Recovering £750,000 for a victim of the Paddington Train Disaster who suffered severe burns and PTSD.

Wells v Watford NHS Trust [2000] April QBD, Lawtel L.R., N. Baker Q.C. sitting as deputy, Lawtel C7400041  For the Claimant. Liability trial, manual handling in the delivery suite in NHS hospitals, finding MHOR applies to delivery suites.

Smee v Adaye [1999]  March, QBD, HHJ Steele sitting as deputy, Kemp B2-011/1 & confirmed  C.A 19.04.2000 Lawtel C7400040.  For the Claimant, award £1.1 million, RTA, hip and leg injury, pension loss and future risk of retirement.

The needlestick doctor [1998] August, settled. For Claimant, PTSD, phobia of needles after needlestick injury. Loss of career.  Settled for £450,000.

Various v Tesco [1997] QBD, settled. For Claimants, 40+ RSI cases against Tesco for checkout cashiers.  Lead cases packaged for trial in High Court then all settled.

Clinical Negligence

Wragg v South Yorkshire HA [2010] Sheffield, acting for a child who suffered athetoid cerebral palsy due to negligent intubation during resuscitation after birth.  Approval of liability settlement.

Deneven v Lees Hospitals [2009] Representing child blinded by the hospital’s failure to treat eye infection after birth. Approved award £1,000,000.

Morris v Gwent Healthcare NHS Trust [2007] Cardiff D.R. Lawtel, Hypoxia at birth, cerebral palsy, settlement, Lump Sum value £3 million, periodical payments for lost earnings £15,000 pa to age 70, stepped periodical payments for care £70,000 pa for life (index linked to the ASHE).

Raichura v Leicestershire H.A. [2003] Lawtel, Leicestershire District Registry (HHJ Hall QC). The claimant, a 23-year-old man, received a "bottom up settlement" or periodic payments settlement (with an old style lump sum value of £2,920,000) for the severe hypoxic-ischaemic brain damage sustained during his birth in November 1979.

Evans v Mid Glamorgan HA [1998] Cardiff Dist Reg, Unreported, acting or Claimant, brain damaged child due to failed sterilisation, settled for £950,000.