Robert Weir KC

Winner of Personal Injury Silk of the Year at the Chambers UK Bar Awards 2022. 

Nominated for Personal Injury Silk of the Year at the Chambers UK Bar Awards 2024.

Nominated for Personal Injury Silk of the Year at the Legal 500 Bar Awards 2024.

Nominated for Clinical Negligence Silk of the Year at the Chambers UK Bar Awards 2023.

Rob's practice focuses on all aspects of personal injury and clinical negligence and the impact of the Human Rights Act on those areas. He acts for a wide range of clients, both claimants and defence insurers. Rob has a heavy caseload of catastrophic injury work, involving brain and spinal injuries (including numerous claims for children with cerebral palsy). He specialises in claims with an international element.   

Rob is regularly brought into industrial disease cases including asbestos related diseases and cases raising insurance/MIB issues and other difficult, often legal, issues. He has acted in group litigation and appeared in numerous reported cases in the Supreme Court and below.

He is an editor of Kemp & Kemp (chapters on conflict of laws, accommodation claims, mentally incapable claimants, PPOs, vicarious liability and brain injuries).  He was Chair of PIBA from March 2016 to March 2018.

Rob won the Legal 500 UK Awards as Personal Injury & Clinical Negligence Silk of the Year in 2015 (short-listed in 2014, 2016, 2017 and 2022), and won the category of Personal Injury & Clinical Negligence Silk of the Year at the 2013 Chambers UK Bar Awards and the Personal Injury Silk of the Year at the Chambers UK Bar Awards 2022 (short-listed in 2019). 

The case of X v Dartford NHS Trust & Gravesham [2015] 1 WLR 3647, in which the Court of Appeal accepted Rob's submission to change the approach to anonymity in approval hearings, won the Eclipse Proclaim Personal Injury Awards Outstanding Case of the Year 2015.  In April 2015, he won 'Lawyer of the Year' at the Modern Claims Awards. The case of Griffiths v TUI (UK) Ltd [2023] 3 WLR 1204, in which the Supreme Court confirmed that the court is generally bound to accept party’s expert evidence which is neither challenged in cross-examination nor contradicted by the opposing party’s evidence, has been nominated for Outstanding Case of the Year at The Personal Injury Awards 2024.

• Recommendations

  "Rightly acknowledged as one of the UK's leading silks, Rob has it all - startling intellect, a huge range of experience and clear, accurate advice to be provided on liability, quantum and causation." - Personal Injury, Chambers UK 2025

  "Few others match Robert's ability to analyse the merits of a case early on and advise the client in clear and simple terms on prospects.He is quite simply a class act." - Clinical Negligence, Chambers UK 2025

  "Robert is simply one of the best claimant clinical negligence barristers there is. He leaves no stone unturned and approaches the preparation of evidence with a meticulous eye for detail." - Personal Injury: Industrial Disease, Chambers UK 2025

  "Robert is forensic, methodical and very organised." - Travel: International Personal Injury, Chambers UK 2025

  "Brilliant advocate both in court and at appellant level. Two brains. Clients like him. Currently the premier appellate advocate." - Personal Injury, Legal 500 2025

  "Quite simply, outstanding. He has the ability to set out the most complex legal points in a clear, straightforward way and his drafting is exemplary. A force to be reckoned with." - Clinical Negligence, Legal 500 2025

  "Robert is something else. His attention to detail, intellectual rigour and witness management is really quite extraordinary." - Travel: International Personal Injury, Chambers UK 2024

  "He is an amazing barrister who is very clear minded on how he approaches things." - Personal Injury: Industrial Disease, Chambers UK 2024

  "Robert is a supremely good appellate point advocate." - Personal Injury: Industrial Disease, Chambers UK 2024

  "He loves breaking new ground and he'll fight to change the law or make the law when he has to. He's an unrivalled advocate." - Personal Injury, Chambers UK 2024

  "He is a superb all-rounder, brilliant before judges and knows the laws inside out." - Personal Injury, Chambers UK 2024

  "His intellect is enviable, his tactical thinking is terrific and his advocacy is superb." - Personal Injury: Industrial Disease, Chambers UK 2024

  "Rob is an outstanding silk, who applies a level of intellectual rigour to cases that few others achieve." - Clinical Negligence, Chambers UK 2024

   ‘Quite simply, outstanding. He has the ability to set out the most complex legal points in a clear, straightforward way and his drafting is exemplary. A force to be reckoned with.’  - Clinical Negligence, Legal 500 2024

  ‘Robert is totally outstanding – a genuine expert.’ - Personal Injury, Legal 500 2024

  'Robert Weir KC has a towering presence at the personal injury Bar and is one of the most respected and successful barristers in the market. He is regularly instructed by leading claimant and defendant solicitors in maximum severity catastrophic brain and spinal injury cases. He is able to get to grips with thorny quantum and liability issues in individual and group actions. He has experience appearing before the High Court, the Court of Appeal and the Supreme Court.' - Star Individual, Personal Injury, Chambers UK 2023

  ‘Robert Weir KC enjoys a stellar reputation as a leading travel barrister. He is instructed by claimants and defendants in high-value travel claims raising complex and novel points of law under Rome II and the Human Rights Act. He is well regarded for his handling of catastrophic injury claims involving a foreign element. His scope of expertise encompasses applicable law, jurisdictional questions and issues relating to quantum.' - Travel: International Personal Injury, Chambers UK 2023

  'Robert Weir KC advises claimants in high-value clinical negligence claims of the utmost severity, including cerebral palsy cases, brain injury claims and fatal cases. He is also highly expert in psychiatric injury claims arising from clinical negligence matters.' - Clinical Negligence, Chambers UK 2023

  'Robert Weir KC is a highly regarded personal injury silk who fields considerable expertise in the representation of claimants in asbestos litigation. He has experience appearing before both the Court of Appeal and the Supreme Court.' - Personal Injury: Industrial Disease, Chambers UK 2023

  ‘Robert is a leading serious personal injury silk; his technical ability and eye for detail is outstanding.’ - Personal Injury, Industrial Disease and Insurance Fraud, Legal 500 2023

  ‘Rob is an elite silk. He is very smart and has a sixth sense as to how the law should be applied in each case. He knows when to challenge established law and when to negotiate.’ - Clinical Negligence, Legal 500 2023

  'Rob is head and shoulders above the rest of the market. He is in control of his brief and has the ear of the court. A joy to watch.’ - Travel Law, Legal 500 2023

  A towering presence at the Personal Injury Bar and is one of the most respected and successful barristers in the market. He is regularly instructed by leading claimant and defendant solicitors in maximum severity catastrophic brain and spinal injury cases. He is able to get to grips with thorny quantum and liability issues in individual and group actions. He has experience appearing before the High Court, the Court of Appeal and the Supreme Court. "The most technically able barrister at the Personal Injury Bar in terms of his technical knowledge. His ability to grasp the detail in a case is phenomenal." "He is able to take an innovative approach to the law and is very impressive." - Star Individual, Personal Injury, Chambers UK 2022. 

  Enjoys a stellar reputation as a leading travel barrister. He is instructed by claimants and defendants in high-value travel claims raising complex and novel points of law under Rome II and the Human Rights Act. He is well regarded for his handling of catastrophic injury claims involving a foreign element. His scope of expertise encompasses applicable law, jurisdictional questions and issues relating to quantum.  "He has fantastic client care skills and a huge knowledge of travel litigation. He's a go-to silk with significant intellect and an ability to understand the issues easily." "He is highly effective and very user-friendly. He has so much experience and a phenomenal intellect. He has an ability to retain huge amounts of information yet can focus in on the key elements with laser-like precision. His strategic approach is worthy of a chess grandmaster - he's simply exceptional." - Star Individual, Travel: International Personal Injury, Chambers UK Bar 2022. 

  A highly regarded personal injury silk who fields considerable expertise in the representation of claimants in asbestos litigation. He has experience appearing before both the Court of Appeal and the Supreme Court. "An effective advocate who makes legal arguments sound simple and attractive." "Astonishingly bright, adds considerable tactical and technical value and is a talented advocate." - Personal Injury: Industrial Disease, Chambers UK Bar 2022. 

  Advises claimants in high-value clinical negligence claims of the utmost severity, including cerebral palsy cases, brain injury claims and fatal cases. He is also highly expert in psychiatric injury claims arising from clinical negligence matters. "He is one of the best clinical negligence silks on technical issues and he knows his cases inside and out." "He has an ability to anticipate every twist and turn in a case." "A completely standout advocate - he's incredibly strong." - Clinical Negligence, Chambers UK Bar 2022. 

  "The word “eminent” best describes his ability." - Personal Injury and Industrial Disease, Legal 500 2022. 

  "Rob is the country’s stand out leading counsel on appellate cases in this space." - Travel Law, Legal 500 2022.

  "A meticulously well-prepared silk with a superb brain." - Clinical Negligence, Legal 500 2022. 

  "He is undoubtedly a standout silk." "He is ridiculously clever." "He is the brain of the personal injury world and is very good in cases involving complex liability issues." - Star Individual, Personal Injury, Chambers UK Bar 2021. 

  "He has a very sharp intellect and is at the top of his game." "His knowledge is unrivalled, he is always amazingly well prepared and he's great with clients." "Has exceptional attention to detail and takes a no-nonsense approach to cases." - Star Individual, Travel: International Personal Injury, Chambers UK Bar 2021. 

  "A leading silk for occupational disease claims. He is an excellent advocate." "He has judges eating out of the palm of his hand." - Personal Injury: Industrial Disease, Chambers UK Bar 2021. 

  "Absolutely brilliant - his judgement is extremely good and he's very good in court. He's very hard-working and completely on top of all the issues." "He's incredible at what he does and intellectually he's second to none." "He's intelligent, articulate and a calm and confident performer on his feet." - Clinical Negligence, Chambers UK Bar 2021. 

  "An astute tactician who knows exactly where to set case trajectory and inspires supreme confidence." - Personal Injury, Legal 500 2021

  “A fantastic mind and ability to cut through to the key issues notwithstanding volumes of evidence and material.” - Clinical Negligence, Legal 500 2021

  ‘Exceptionally bright with great knowledge of travel law. Not afraid to take on very difficult and ground-breaking cases, and generally wins.’ - Travel Law (Including Jurisdictional Issues), Legal 500 2021

  "He's quite simply the best in the business for complex, high-value personal injury work." "He is a brilliant technical lawyer and probably the best personal injury barrister out there." "He's head and shoulders above the rest when dealing with cases involving complex and technical legal arguments." Successfully acted for the claimant in Bellman v Northampton Recruitment, a case heard in the Court of Appeal concerning whether an employer was vicariously liable for an assault on an employee at a hotel following a work party. The claimant sustained a brain injury after being punched by his boss. - Star Individual, Personal Injury, Chambers UK Bar 2020

  "The standout claimant silk in this area. He has a very impressive intellect and the ability to win very complex cases." "He is razor sharp in his analysis and has a wonderfully calm yet forceful manner in court." Acted for the claimant in X v Kuoni, a key Court of Appeal case on the meaning of the Package Travel Regulations. The claimant was raped while on holiday in Sri Lanka by an on-duty electrician who lured her into a room. - Star Individual, Travel: International Personal Injury, Chambers UK 2020

  "He's extremely bright, has great analytical skills and is adept at finding a way through complex evidence. He is also excellent in strategic planning and ensuring the best possible outcome for the client." "Weir is a razor-sharp advocate." Acted for a child with profound cerebral palsy. The claim involved difficult issues including life expectancy and how to value accommodation when the parents proposed to move to a more expensive area. - Clinical Negligence, Chambers UK Bar 2020

  "A first-rate advocate and tactician." Acted on behalf of the claimants in Pearce v Secretary of State for Business, a group action claim for coke oven workers. - Spotlight table, Personal Injury: Industrial Disease, Chambers UK Bar 2020

  "Unsurpassable advocate who communicates highly complex issues in a straightforward effortless way" - Personal Injury, Legal 500 2020

  "Very thoughtful and good on his feet." - Travel Law (Including Jurisdictional Issues), Legal 500 2020

  "He combines incredible legal intellect with outstanding advocacy and is excellent at foreseeing risk." - Clinical Negligence, Legal 500 2020

  "He is the asbestos silk of choice for leading claimant disease firms." "His strategic planning unsurpassed and his technical knowledge is fantastic as well." Spotlight Table, Personal Injury: Industrial Disease, Chambers UK Bar 2019

  "He has an incredibly sharp brain and is very tenacious in court, but at the same time he has a very good way of engaging with clients." "He is the go-to barrister for personal injury." "He has a stellar practice and a stellar brain." Acted for the claimant in R v Townsend, a case concerning a young child who was injured in an RTA. - Star Individual, Personal Injury, Chambers UK Bar 2019

  "Rob has a stillness and calmness about him which is enormously compelling. He is able to make difficult and technical points sound so simple." "He's a go-to QC for cases involving catastrophic injury and technical points of law. He's a pioneer in his field." Successfully represented the claimants in Wood v TUI, a Court of Appeal case concerning a couple who suffered food poisoning while on a package holiday. - Travel: International Personal Injury, Chambers UK Bar 2019

  "An extremely intelligent and able counsel." "A fantastic advocate who has a really formidable intellect." - Clinical Negligence, Chambers UK Bar 2019

  ‘Technically, the most gifted and talented barrister on the circuit, head and shoulders above the rest.’ - Personal Injury, Industrial Disease and Insurance Fraud, Legal 500 2019

  ‘He has a sharp intellect and gets to the nub of an issue very quickly and skilfully.’ - Clinical Negligence, Legal 500 2019

  "Amazing. A go-to for difficult, ground-breaking cases where we need somebody with lateral thinking." "Just fantastic. Highly intelligent." Acted for a paraplegic client who fell out of a tree at work. - Star individual, Personal Injury, Chambers UK 2018

  "He's highly intelligent and has really good judgement in complicated arguments." "He is razor sharp in his analysis, and has a wonderfully calm yet forceful nature when in court." "He offers very good experience of catastrophic injury and expertise in conflicts of law."  Represented the claimant in Wigley-Foster v Wilson and MIB, a case concerning injury sustained in a road traffic accident in Greece. - Travel: International Personal Injury, Chambers UK 2018

  "An extremely intelligent and able counsel. He continues to be in the top bracket of clinical negligence counsel." "Manages to absorb a huge amount of material and distil that into clear advice for the client." - Clinical Negligence, Chambers UK 2018

  "He thinks creatively about complex legal points and commands the confidence of the court." - Personal Injury, Legal 500 2017

  "A devastatingly effective advocate, who is always impeccably prepared." - Clinical Negligence, Legal 500 2017

  "Amiable with defendants but assertive when necessary." - Civil Liberties and Human Rights, Legal 500 2017

  Robert has an "instinctive understanding of the intricacies of travel law" and is an "excellent, very unflappable advocate". - Most Highly Regarded Silk for Travel, Who's Who Legal 2017

  "Robert is razor-sharp in his analysis and has a wonderfully calm yet forceful nature when in court." "He's arguably the go-to silk in an international case; he deals with ground-breaking issues, is hugely thorough, is totally assured and is someone with unsurpassed knowledge." "The breadth of his intellect is extraordinary. He tells things as they are, is very ingenious and he's dedicated to the client's cause." Represented the claimant in Humphrey v Aegis Defence Services, a case concerning injury sustained during a military training exercise in Iraq. - Travel PI, Chambers UK 2017.

  "Absolutely top-notch. He really is gold-standard." "He's got a massive intellect." "His approach is incredibly precise. He provides fantastic and realistic advice and is able to push the boundaries." Represented an employee of the prison service who was injured by a prisoner in the Supreme Court case Cox v Ministry of Justice. - Personal Injury, Chambers UK 2017

  An accomplished silk with noted handling of catastrophic injuries claims including those relating to cerebral palsy and brain injury. "He is very forensic on the detail and he cares about the issues and the clients." "He is so sharp, so bright and so intelligent." Acted in JXMX v Dartford and Gravesham NHS Trust, representing PIBA in the Court. He successfully promoted an entirely new legal test to be applied to the issue of anonymity on approval hearings. - Clinical Negligence, Chambers UK 2017

  "The most able advocate at the personal injury Bar." - Personal Injury, Legal 500 2016

  "He is an outstanding counsel." - Clinical Negligence, Legal 500 2016

  "Excellent on his feet and very good on tactics" - Civil Liberties and Human Rights, Legal 500 2016

  An experienced silk who pursues high-value claims for victims of alleged clinical negligence, especially those involving cerebral palsy or failures to diagnose serious illnesses. “Robert Weir QC has impressed me with his unfailing intellect.” “He puts points beautifully and has a very elegant style of advocacy.” “He cuts through it all. He's brilliant.” - Clinical Negligence, Chambers UK 2016

  One of the best personal injury barristers in the country, Robert Weir QC is an expert in catastrophic injury cases, particularly those involving severe back and head injuries. Commentators highlight his intellectual ability and courtroom skills. "He is fantastically intelligent, has a brilliant legal mind and is very good with clients." "He is a formidable advocate, he handles the most complex issues with apparent ease." "He is just on another level in terms of the way his mind works and the knowledge he has." - Personal Injury, Chambers UK 2016

  Widely recognised as one of the most important lawyers in the personal injury sphere, he has an impressive track record in travel claims. He handles applicable law, jurisdiction and quantum claims flowing from catastrophic injuries in Europe and further afield. "He is succinct in the points he makes, and is not afraid to stand up to judges if he thinks they are taking the wrong approach." "He is first and foremost a formidable advocate: he is able to analyse very tricky legal issues and convey them in an easily understandable way." Acted for the injured claimant in the appeal of Wall v Mutuelle de Poitiers. The court decided that quantum for the RTA should be assessed using French law but that expert evidence should be adduced under UK procedures. - Travel, Chambers UK 2016

  "Top-drawer counsel." - Civil Liberties and Human Rights, Legal 500 2015

  "He manages experts incredibly well, and is a fantastic advocate." - Clinical Negligence, Legal 500 2015

  "The best PI silk in the country; he is immaculately prepared, astoundingly bright, and a fearsome opponent." - Personal Injury, Legal 500 2015

  A highly respected catastrophic injury and disease silk who is acknowledged as a true expert in cases involving severe head and back injuries and amputations. He also has unique experience in foreign PI cases, and has worked on matters where the injury occurred in France or Australia. "He has had some absolutely fantastic results recently with novel cases. He is always trying to look at new angles to cases and come up with ingenious new arguments." "He is really razor-sharp in his analysis, cuts to the chase and doesn't pontificate."  - Personal Injury, Chambers UK 2015

  A widely respected silk with great expertise and a broad practice. He is especially noted for acting for claimants on cases where cerebral palsy has developed due to perinatal and neonatal negligence. "He's a formidable intellect and has a very strong courtroom presence." "An extremely intelligent and able counsel, he's always on top of the detail and able to grasp really complex issues." Represented a child claimant with cerebral palsy. - Clinical Negligence, Chambers UK 2015

  Advises claimants and defendants on high-profile accident abroad cases. He is noted for his capabilities in cases concerning complex questions of jurisdiction and applicable laws. "He is a heavyweight silk - his advocacy is outstanding and his written arguments are so clear." "He is razor-sharp in his analysis; he sees the issues and has a clear and forceful way of presenting issues in court." Acted for the claimant in the landmark case of Wall v Mutuelle de Poitiers Assurances, which concerned the effect of French law on accidents abroad in light of Rome II. - Travel: International Personal Injury, Chambers UK 2015 

  "Excellent on the most complex of cases" - Legal 500 2014

  "Experienced in the human rights aspects of personal injury and clinical negligence cases" - Legal 500 2014

  "His written and oral advocacy are of the highest quality and a privilege to witness." - Legal 500 2014

  He has an enviable level of expertise in catastrophic injury claims and is highly rated for his client manner, his skill in court and his performances in negotiation.  Sources also comment on his knowledge of technical matters. "He's very eminent - everyone knows he's the superstar of my generation.  He's a class act." "He's a go to leader. He's absolutely excellent - his technical ability is fantastic and he has a dogged determination in negotiation." - Personal Injury, Chambers UK 2014

  "He is razor-sharp in his analysis and has a wonderfully calm yet forceful nature when in court." - Travel, Chambers UK 2014

  “He is top-notch. Incredibly intelligent, he cuts through all of the gloss from the other side and gets straight to the point. You can have a huge case and he’ll cut through it in no time. Very firm with the other side, he is fantastic on complex medical issues and a brilliant advocate as well. - Clinical Negligence, Chambers UK 2014

  "At the top of the tree when it comes to his advocacy skills" - Clinical Negligence and Healthcare, Legal 500 2013

  Noted for his "determination, refusal to bend under pressure, and tactical awareness" - Personal Injury, Legal 500 2013

  The "extremely intelligent and able" Robert Weir QC is "a go-to barrister for the most complex claims." He habitually handles cerebral palsy and other brain injury cases, and recently handled a claim concerning cerebral palsy which arose as a result of an episode of hypocarbia shortly after birth. - Clinical Negligence, Chambers UK 2013

  He acts for a broad range of clients, and receives instructions from both claimants and defendants. He "is an exceptional advocate and a brilliant problem solver who displays a high attention to detail" in all he does. He is further praised by instructing solicitors for his "sympathetic and down-to-earth" approach to clients. He appeared in Smith and others v Ministry of Defence, the much publicised case concerning members of the armed forces killed in Iraq. - Personal Injury, Chambers UK 2013

  Has acted on personal injury matters for some years. His travel practice sees him act particularly on matters with a maritime aspect, and he recently advised on Saldanha v Fulton, a case concerning injury to an Indian merchant seaman. Sources describe him as an "excellent advocate." - Chambers UK 2013

  "Excellent legal brain" and takes "a very proactive approach" to his work. - Personal Injury, Chambers UK 2012

  A "real star at Devereux."  He is "incredibly intelligent, gets through the issues quickly and is a fantastic advocate."  His "authoritative yet conversational" manner in court was picked out for special praise. - Clinical Negligence, Chambers UK 2012

  "Enormously talented" and "intellectually outstanding" - Clinical Negligence, Legal 500 2011

  "Extremely sharp", "a real lateral thinker" and "unwavering in cross-examination". - Clinical Negligence and Healthcare, Legal 500 2010

  A good negotiator who is ‘incredibly bright and extremely good on difficult points of law’. Clients appreciate the fact that he is ‘very clever and gets to the point.’ - Clinical Negligence, Chambers UK 2011

  “Robert Weir QC is a specialist in catastrophic injury cases, whose elevation to silk this year was warmly greeted.” - Personal Injury, Chambers UK 2011

  As a junior, Rob was winner of 2007 Chambers & Partners, Personal Injury Junior of the Year Award

• Personal Injury

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  Numerous high value brain injury and para/tetraplegic claims for both claimants and defendants.

  Settled claims totalling around £100m in the last 12 months.

• Human Rights

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  All aspects of human rights, principally but not exclusively in relation to personal injury/healthcare issues.

  Several leading cases in area from Matthews (HL 2003 - asbestos claim against military) to Dobson (CA 2009 - nuisance) and  Smith v MoD (SC 2013 - claim by soldiers in Iraq not provided with suitable equipment).

   

• Clinical Negligence

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  Many cerebral palsy claims for claimants arising out of peri-natal and neo-natal negligence.

  Wide range of other claims including failure to diagnose meningitis, failure to diagnose causing paraplegia and tetraplegia and brain damage, failure to diagnose cancer, negligence by psychiatric units leading to brain damage and paraplegia, fatal claims.

  Specialism in secondary victim claims with case of Paul going to Supreme Court in 2023.

• Industrial Disease

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  As part of his well-rounded PI practice Rob has established a considerable practice in industrial/occupational disease work.

  He has extensive experience of all forms of industrial disease work but it is his particular expertise in some of the leading asbestos and mesothelioma cases which catches the eye. He has acted in the British Coal Coke Oven Workers Group Litigation, British Steel Coke Oven Workers Group Litigation and other group litigation. Significant cases include:

  • Dryden v Johnson Matthey plc [2019] AC 403: win in Supreme Court, establishing that sensitivity to platinum salts constituted an injury
  • R (Whitston) v Lord Chancellor (2015): judicial review on behalf of Asbestos Victims Support Forum against Lord Chancellor in relation to court fees; settled after Lord Chancellor agreed to amend fee remission order.
  • Coventry v Lawrence [2015] 1 WLR 3485:  intervention in Supreme Court in case confirming that pre-LASPO CFA regime is convention-compliant.
  • Thompson v Renwick Group plc [2014] PIQR P18: successful appeal for defendant in asbestos case.
  • Haxton v Philips Electronics Ltd [2014] 1 WLR 2721: successful claim for novel head of loss in mesothelioma case.
  • Chandler v Cape plc [2012] 1 WLR 3111: asbestosis case in which Court of Appeal established that duty of care owed by parent company to employee of subsidiary.

• Additional Information

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  Judicial review claims including relating to mental health and entitlement to continuing healthcare for elderly infirm.

  Professional negligence and insurance claims, principally arising out of personal injury work including case of Evans in CA in 2021.

  Nuisance claims.

  Health and safety work.

• Notable cases

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  • Hassam v Rabot [2024] 2 WLR 949, Supreme Court case on whiplash tariff, intervening on behalf of APIL/MASS.
  • Paul v Royal Wolverhampton NHS Trust  [2024] 2 WLR 477: Supreme Court decision on secondary victims arising out of delay in clinical negligence.
  • Miller v Irwin Mitchell plc [2024] 4 WLR 27: CA case on duty of care in relation to legal helpline
  • Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416: CA overruling Halsey, court has jurisdiction to order ADR
  • Griffiths v TUI Ltd [2023] UKSC 48 [2023] 3 WLR 1204: win in SC for claimant, entitled to rely on uncontroverted expert evidence, as matter of fairness
  • Potter v Canada Square Operations Ltd [2023] UKSC 41 [2023] 3 WLR 963: win in SC for PPI claimant, relying on s.32 of Limitation Act 1980
  • Smith v Royal Bank of Scotland [2023] UKSC 34 [2023] 3 WLR 551: win in SC for PPI claimant, relying on s.140A of Consumer Credit Act
  • Morgan-Rowe v Woodgate [2024] PIQR Q1: win on appeal for impecunious claimant in car hire case.
  • McCulloch v Forth Valley Health Board [2023] 3 WLR 321: Supreme Court judgment in clinical negligence case on post-Montgomery consent issue.
  • Czernuszka v King [2023] 4 WLR 26: win for paraplegic client injured in rugby tackle
  • Barrow v Merrett [2023] RTR 1: road traffic liability appeal involving child pedestrian.
  • Hastings v Finsbury Orthopaedics Ltd [2022] UKSC 19 [2023] 1 All ER 885: consumer protection act case for metal on metal hips
  • Brown v South West Lakes Trust [2022] QB 464: appeal concerning proper interpretation of Occupiers' Liability Act 1984
  • Evans v Betesh Partnership [2021] EWCA Civ 1194 [2022] RTR 1: win in professional negligence action against strike out relating to issue of capacity
  • X v Kuoni Travel Ltd [2021] 1 WLR 3910: win in Supreme Court in package travel case for holidaymaker
  • Burnett v International Insurance Co of Hanover Ltd [2021] UKSC 12 [2021] 1 WLR 2465, win in Supreme Court re public liability insurance cover for assault
  • Okpabi v Royal Dutch Shell plc [2021] 1 WLR 1294: win in Supreme Court for over 40,000 claimants on parent company liability jurisdictional dispute
  • White Lion Hotel v James [2021] QB 1153: win for widow in occupiers' liability act case
  • X v Kuoni Travel Ltd CJEU (Case C 578/19) [2021] 1 WLR 3879The Times 6 April 2021, European court ruling on package travel regulations
  • Al-Najar v Cumberland Hotel (London) Ltd [2021] 1 WLR 3415, CA case on standard of care in hotel where injuries caused by intruder
  • Chaplin v Pistol [2020] EWHC 1543 (QB): successfully resisting application to rely on life expectancy evidence
  • Farah v Abdullahi and others [2020] EWHC 358 (QB): win for pedestrian claimant in two car assault 
  • Marshall v Schembri [2020] PIQR P16: successful clinical negligence appeal on causation
  • Cape Intermediate Holdings v Dring [2020] AC 629: successful Supreme Court case permitting asbestos support group, non-party to litigation, to access relevant documents from the court
  • X v Kuoni [2019] UKSC 37: holiday claim referred to Court of Justice of European Union; and see CA decision at [2018] 1 WLR 3777
  • Lungowe v Vedanta Resources plc [2020] AC 1045: successful appeal to SC on issues of jurisdiction and parent company liability for Zambian nationals
  • Shelbourne v Cancer Research UK [2019] PIQR P16: appeal on liability for accident at Christmas party based on direct and vicarious liability
  • Liverpool Victoria Insurance v Zafar [2019] 1 WLR 3833: successful appeal on behalf of insurer re sentence for medical expert committed for contempt
  • Bellman v Northampton Recruitment Ltd [2019] ICR 459 (CA): successful appeal on vicarious liability for assault by one employee on another out of hours
  • Pearce v Secretary of State for Business [2018] EWHC 2009 (QB): trial of lead claims in industrial disease group action in which limitation extended by nearly 30 years.
  • Farah v Abdullahi [2018] RTR 28, [2018] PIQR P14: permission to pursue unidentified driver in claim against RTA insurer and MIB
  • Clay v TUI UK Ltd [2018] 4 All ER 672 (CA): holidaymaker held to have broken chain of causation when he fell from balcony ledge
  • Dryden v Johnson Matthey plc [2018] UKSC 18 [2019] AC 403: successful appeal to Supreme Court on issue of what constitutes actionable damage in personal injury claim.
  • Baker v British Gas Services (Commercial) Ltd [2018] PIQR P3: successful liability trial, electrocution at work, involving new point on application of TUPE
  • AAA v Unilever plc [2018] BCC 959 (CA) and [2017] EWHC 371 (QB): hearing and appeal to determine whether claim on behalf of hundreds of Kenyans can proceed in England.
  • Wood v TUI Travel PLC [2018] QB 927 (CA): acting for holidaymakers in establishing that they can recover damages where food provided on holiday is contaminated without proving fault
  • Pickard v MIB [2017] RTR 20: meaning of article 4 of Rome II following road traffic accident in France.
  • Qader v Esure Services Ltd [2017] 1 WLR 1924: successfully intervening on behalf of PIBA to establish that a case existing RTA portal and then allocated to multi-track comes out of CPR 45 fixed recoverable costs scheme
  • Wigley-Foster v MIB [2016] 1 WLR 4769: successful appeal on proper interpretation of 4th Motor Directive in context of accident in Greece where Greek insurer became insolvent.
  • Humphrey v Aegis Defence Services Ltd [2017] 1 WLR 2937 (CA): claim for security contractor injured in Iraq.
  • R (Whitston) v Lord Chancellor (2015): judicial review on behalf of Asbestos Victims Support Forum against Lord Chancellor in relation to court fees; settled after Lord Chancellor agreed to amend fee remission order.
  • Cox v Ministry of Justice [2016] AC 660: successful appeal in Supreme Court and Court of Appeal, prison service found vicariously liable for negligence of prisoner at work. 
  • Coventry v Lawrence [2015] 1 WLR 3485:  intervention in Supreme Court in case confirming that pre-LASPO CFA regime is convention-compliant.
  • X v Dartford & Gravesham NHS Trust [2015] 1 WLR 3647 (CA):  successful intervention on behalf of PIBA, establishing anonymity presumption in all approval cases.
  • Akhtar v Boland [2015] 1 All ER 644: allocation of claims to appropriate track in light of partial admission of value of claim.  
  • Thompson v Renwick Group plc [2014] PIQR P18: successful appeal for defendant in asbestos case.
  • Haxton v Philips Electronics Ltd [2014] 1 WLR 2721: successful claim for novel head of loss in mesothelioma case.
  • Smith and others v Ministry of Defence [2014] AC 52: combat immunity and article 2 claims arising out of soldiers killed in Snatch Land Rovers in Iraq; issue as to whether HRA extended to deaths in Iraq.   Succeeded in the Supreme Court on all issues.
  • Wall v Mutuelle de Poitiers [2014] RTR 17 (CA); [2013] 1 WLR 3890 (HC): decision on scope of Rome II arising out of accident in France.
  • Billingsley v UPS Ltd [2013] RTR 30: court can order PPO for claimant injured in RTA in England even though insurer based in Dublin.
  • Dwr Cymru Cyfyngedig v Barratt Homes Ltd [2013] 1 WLR 3486: successful appeal against claims in nuisance, negligence and trespass to goods involving breach  of statutory duty under Water Industries Act 1991.
  • Swift v Secretary of State for Justice [2014] QB 373 (CA); [2012] PIQR P21 (HC): human rights challenge to the Fatal Accidents Act 1976 on behalf of a cohabitant unable to bring a claim for dependency because she had lived with the deceased for less than two years.
  • Stylianou v Toyoshima [2013] All ER (D) 36 (Aug): successful application to bring claim in UK for tetraplegic client injured in Australia against Australian insurer.
  • Chandler v Cape plc [2012] 1 WLR 3111: asbestosis case in which Court of Appeal established that duty of care owed by parent company to employee of subsidiary.
  • Thomas v Bridgend CBC [2012] QB 512.   Successful human rights challenge to Land Compensation Act.
  • Saldanha v Fulton Inc. (2011) 2 Lloyds Rep 206: accident on board ship involving conflict of laws issues.
  • C v Merthyr Tydfil CBC [2010] PIQR P9.   Duty of care to parent where her child had been abused by person other than the parent.
  • O'Leary v Tunnelcraft Ltd [2009] EWHC 3438.   Covert video surveillance kept out of case.
  • Knight v Axa Assurances [2009] Lloyds Rep IR 667. Conflict of laws case arising out of road traffic accident abroad.
  • Dobson and others v Thames Water Utilities Ltd [2009] 3 All ER 319 (CA) - Times 3 April 2009. HRA claim by 800 claimants arising out of nuisance.
  • Harley and others v Smith and others [2009] PIQR P11, (2009) 1 Lloyds Rep 359 (CA). Limitation under Saudi law and Foreign Limitation Periods Act in personal injury claim by commercial divers.
  • Jones v Powys Local Health Board [2008] All ER (D) 234. Restitutionary claim for repayment of care home fees, strike out application.
  • R (Green) v South West Strategic Health Authority [2008] All ER (D) 21 (Nov).  Judicial review claim involving continuing healthcare NHS.
  • Arnup v. M.W. White Limited [2008] ICR 1064 (CA); [2007] PIQR Q6 (HC). Fatal accident claim involving deduction of benefits under section 4.
  • Flora v. Wakom (Heathrow) Ltd - [2007] 1 WLR 482, [2006] 4 All ER 982 (CA); [2006] PIQR Q7 HC. Whether court can apply inflationary rate other than RPI to award of periodical payments.
  • R (Kemp) v. Denbighshire LHB - [2007] 1 WLR 639, [2006] 3 All ER 141. Restitutionary claim arising out of NHS's failure to fund claimant in nursing home.
  • Cameron v. Network Rail Infrastructure Ltd - [2007] 1 WLR 163. Claim to establish novel tort of wrongful death against Railtrack.
  • Lawrence v. Pembrokeshire County Council - [2007] 1 WLR 2991 (CA); [2007] PIQR P1, [2006] Lloyd's Rep Med 383 (HC). Claim to establish parent owed duty of care by local authority in risk of child abuse cases in light of Human Rights Act.
  • O'Connor v. Wiltshire County Council - The Times 28 May 2007 (CA); [2006] 18 EG 152. Lands Tribunal 6 Feb 2006. Human rights challenge to Land Compensation Act and statutory construction of provision of Highways Act 1980.
  • W v. Doncaster MBC - The Times 13.5.04 - Court of Appeal. Human rights and mental health law.
  • Bristow v. Sikorsky and others - [2004] 2 Lloyd's Rep 150. Conflict of laws in fatal claim arising out of helicopter crash.
  • Braybrook v. Basildon & Thurrock University NHS Trust - [2005] All ER (D) 320. Withdrawal of admission of liability case, subsequently approved in Sowerby v. Charlton (CA).
  • Wilson v. Secretary of State for Trade and Industry - [2004] 1 AC 816. House of Lords case involving human rights, constitutional law, and contract law.
  • Matthews v. Ministry of Defence - [2003] 1 AC 1163 - House of Lords case involving personal injury and human rights (whether servicemen between 1947 and 1987 could sue ministry of defence for injuries).
  • Jones v. University of Warwick - [2003] 1 WLR 954 - Court of Appeal. Personal injury and human rights (admissibility of video evidence).
  • Walters v. North Glamorgan NHS Trust - [2003] Lloyds Rep Med 49 - Court of Appeal. Personal injury, breaking new ground in recovery of damages for pure psychiatric illness.
  • Roerig v. Valiant Trawlers Ltd - [2002] 1 WLR 2304 - Court of Appeal. Leading case on conflict of law. Personal injury/fatal case.
  • Salt v Consignia plc [2002] CLY 420 - disclosure of instructions to expert, referred to in White Book commentary.
  • Koonjul v Thameslink Healthcare Services NHS Trust [2000] PIQR P123.   Leading CA case on manual handling regulations.