Recent Cases

A (a child) v Jersey [2007]
Acting for the infant claimant who was born 3 months after her father’s death from pituitary adenoma at the age of 29 years. The dependency claim on behalf of the child arose out of the negligence of an ophthalmologist who failed to diagnose the deceased’s condition. High value claim.

AH v Hampshire Partnership NHS Trust (2006)
(liability of Defendants for failure to prevent suicide of patient - Fatal Accidents Act claim on behalf of daughter)

Akers v Heald and the MIB The Times 14 January 2003 CA

B v Royal Bournemouth Hospital [2009]
An administrative failure led to a 6 month delay in the claimant undergoing a hysterectomy which resulted in an aggressive cancer significantly reducing the claimant’s 5 year survival rate. The defendant disputed causation and quantum before the claim was compromised.

Brennan v Eco Composting Ltd [2006] EWHC 3153 (QB)
(severely head-injured Claimant - short life expectancy - entitlement to interest on Part 36 Payment upon settlement of claim)

C v Harley Medical Group [2009]
Acting for the claimant who underwent a breast reduction procedure in the absence of a warning as to the risks of fat necrosis if the claimant did not lose weight. The procedure resulted in fat necrosis and infection which required 4 further operations to debride the wounds, close of the wounds and cosmetically revise the scars. The claimant suffered pain, distress and anxiety.

Cook v Kurwa and Turner (2007)
Claim against treating clinicians alleging late diagnosis of malignant tumour.

CR v Midland Bank plc (2003) CA
(liability of employer for tripping accident - foot injury leading to Chronic Regional Pain Syndrome in leg and arm)

Davies v Bunney [2010]
Acting for the passenger in a car who suffered serious injury when the driver lost control on black ice. The claimant suffered significant injuries to his chest, lungs and spine. He was kept in hospital for 17 days. There was a substantial dispute on liability. The claim was compromised shortly before trial.

Eagle v Chambers (No 1) [2004] RTR 9 CA

Eagle v Chambers (No 2) [2005] 1WLR 3081 CA

Evans v Oxford Radcliffe Hospital (2007)
Suing on behalf of a widow (and executrix) for the death of her husband. Claim alleged negligence in the course of operative procedure to treat an aneurysm.

F v S [2007] -
Acting for the claimant widow and other minor dependents following the death of her husband in a road accident. The claim was complicated by related nervous shock claims for the widow and another dependant and the fact that the widow suffered significant disability in respect of which the husband had been her main carer. The claim was compromised prior to trial in a seven figure sum.

Fellows v John Werrell & Sons (2004):
Junior in High Court action arising out of an accident at work. Case involved a cauda equina lesion; life-long severe disability;

G v C [2009] -
Acting (as junior counsel) for the claimant crew member of a passenger liner in relation to personal injury (principally psychiatric) sustained in an attack by Somali pirates off the east coast of Africa. The claim gave rise to difficult issues of breach of duty, causation and quantum and was successfully compromised in advance of trial.

G v Southampton and South West Hampshire HA (2002) 67 BMLR 1 CA
(clinical negligence - brain surgery - liability of consultant anaesthetist)

Greene v O’Shea [2011]
A High Court claim in which Colin acted for the claimant who fell 18 feet from a ladder inside a lift shaft that was being constructed. He suffered a brain and orthopaedic injuries causing cognitive, psychiatric and physical symptoms. There were issues of contributory negligence, causation and quantum. Each side instructed 5 experts to deal with the myriad of injuries. Extensive past and future losses were claimed and the parties attended procedural hearings and a joint settlement meeting. The claim was successfully compromised.

Harland & Woolf plc and Another v McIntyre [2006] 1 WLR 2577 -
A claim for damages on behalf of the estate and dependent wife of a husband who died from mesothelioma. Damages at 98% of the scheduled claims were recovered at trial. The defendant's appeal as to the entitlement to a dependency upon a savings/pension fund paid out to the deceased very shortly before his death was successfully opposed. The Court of Appeal considered the effect of Section 4 of the Fatal Accidents Act 1976 in detail. Acting as sole counsel at trial and junior counsel in the Court of Appeal.

Hirson v Zmudka [2011]
Colin acted for the claimant who was injured in an accident which damaged her spine and caused psychiatric symptoms. The claim involved detailed analysis of video surveillance evidence in respect of the significance of which the experts disagreed. Significant damages were claimed and the claim was successfully compromised at a joint settlement meeting.

Jameson v Central Electricity Generating Board [2000] 1 AC 455 HL
(mesothelioma - liability of concurrent tortfeasor in widow's claim under the Fatal Accidents Act - whether claim barred by terms of settlement of earlier action)

Kane v New Forest District Council [2002] 1 WLR 312 CA
(liability in negligence of local planning authority for requiring footpath to be constructed at a point on inside of dangerous bend - serious head injury)

Kenth v Heimdale Hotel Investments Ltd [2001] TLR 3 July 2001 CA
(on acceleration of pre-existing back condition)

Kwumasi v Sarfo (2006);
RTA in which Claimant suffered significant spinal damage and rendered a paraplegic;

Langley v Harvey [2006] -
Acting for the claimant ground worker, who injured his wrist in a motorcycle accident. A late, post-issue application by the defendant to withdraw an earlier admission of liability for the accident was successfully defended. The claimant sought substantial damages for loss of earnings from the wrist injury, through inability to carry out manual ground works. Issue arose as to the need for him to undertake manual work as he had become the proprietor of a successful civil engineering company and as to the correct assessment of his loss of earnings, taking into account operation of his business through a limited company and the fact that the majority of company profit was reinvested. The claimant was successful at trial. The defendant’s appeal was successfully compromised through Court of Appeal directed mediation.

Linton v Ayton [2009] -
Acting for the claimant dependents and estate of a deceased mother of three daughters, coupled with claims for nervous shock by two of the daughters. The claim was complicated by uncertainty over the mother's separation from her husband and the fact that she was not working, leading to claims for dependency based upon state benefit entitlement. Substantial damages were recovered at trial, in excess of an earlier offer made by the defendant.

M (a child) v Bellemoor School [2011]
Colin represented the 12 year old claimant student who was assaulted by a teacher while at school causing minor physical but significant psychological injury. He became isolated within his community and withdrew from religious and cultural activities. He became electively mute as a result of PTSD. There was a dispute as to causation and it was alleged that the claimant’s allegedly dysfunctional family had contributed to a large extent to his symptoms. Difficult claim to quantify given the effect on the claimant’s schooling.

P v C [2012]
Acting for the claimant who underwent a breast-enhancing injection of hyaluronic acid. She claimed she did not give informed consent due to a failure to inform of the risks of the procedure and the lack of any “cooling off” period. The claimant developed encapsulated cysts which required remedial surgery. The claim involved allegations of tampering with medical records and allegations amounting to fraudulent non-payment for the procedure. The claim was compromised 2 weeks before trial.

Pitts v Hunt [1991] 1 QB 24 CA
(application of maxim ex turpi causa non oritur actio to road traffic claims - contributory negligence)

Roe v Novak and Manchester City Council The Times 27 November 1998 CA

S v W [2009] -
Acting for the claimant construction worker, who suffered a through knee amputation following a construction site accident. The claim was complicated by a significant psychiatric injury. The claim was compromised prior to trial in a seven figure sum.

Sorensen v Royal United Hospital NHS Trust (2006)
Suing on behalf of a widow (and executrix) for the death of her husband. Claim alleged negligence in their treatment of him as his condition deteriorated from hypoxia and hypotension.

Stacey v Joint Mission Hospital Equipment Board The Times 5 November 2001

Staples v West Dorset District Council [1995] 93 LGR 536 CA
(on liability for a injured visitor to a public open space - the Cobb at Lyme Regis)

Timmings v Ministry of Defence (2007);
representing a soldier who suffered traumatic brain injury in an accident at work.

Vasey v Surrey Free Inns plc [1996] PIQR 373 CA
(vicarious liability of employer for assault by nightclub doorman)

W v North West Strategic Health Authority (2007) QBD
(clinical negligence - failure to diagnose Claimant's spina bifida - claim settled for £3.4 million on conventional basis - final disposal adjourned pending appeal in Thompstone v Tameside and Glossop Acute Services NHS Trust)

Woodcock v Ministry of Defence (2005):
representing a soldier who suffered a serious brain injury while on manoeuvres in Kosovo;

X v Bedfordshire County Council & others: M v Newham LBC [1995] 2 AC 633 HL
(experts' immunity from suit amongst other issues)