Hugh Hamill

Barrister Profile

Hugh specialises in personal injury, professional negligence, clinical negligence and consumer credit. 

2009 has been an excellent year for Hugh and has seen him continuing to represent major insurers and public authorities at trials in high-value claims, particularly those involving chronic pain / fibromyalgia / chronic fatigue. Very often in these types of claim, causation is hotly disputed and issues of malingering, fraud and exaggeration arise. 

Hugh's attention to detail and realistic approach prove invaluable to his clients. 

A significant part of Hugh's work involves participating in joint settlement meetings or mediations. Clients say that "his thorough preparation and eye for detail combine with a pragmatic approach, which generally results in a sensible compromise of most claims". 

Hugh continues to accept instructions for claimants with catastrophic injuries or in fatal accident claims and will accept instructions on a CFA basis, if appropriate. 

Recognised as a Leading Junior in personal injury in both the Chambers Directory and The Legal 500, Hugh has an established practice acting predominantly for defendants but also for claimants in catastrophic injury claims. He is recommended in the Chambers Directory 2009 as a "razor sharp advocate". 

Areas of work include:
Public / Employers Liability claims - including Highways Act, Stress at work, chemical exposure and psychiatric injury claims
Catastrophic Injury Claims - such as serious brain & spinal injuries, amputation or gross disfigurement
Road Traffic – Fatal Accident and Serious injury claims including claims involving the Motor Insurers Bureau
Aviation Claims – Fatal Accident and personal injury claims arising out of aviation disasters.
Mental Capacity – Litigation Capacity – Hugh successfully represented the Defendants in Masterman- Lister the leading case in this area and is instructed in cases arising out of this decision.
Clinical & Dental Negligence – including claims arising out of failed cosmetic and dental surgery
Defending Health & Safety Prosecutions – Hugh regularly acts for companies who are prosecuted following injuries at work or on their premises.
Insurance Fraud /Staged Accidents / Malingering - Hugh is frequently instructed by insurers who suspect that an accident may have been staged or where fraudulent conduct is suspected. 
Fibromyalgia, chronic fatigue syndrome and cases of a disputed causation

Hugh has lectured extensively to solicitors on advocacy and litigation skills and is retained by major motor insurers to advise on their response to the credit hire industry and fraud detection.

He is responsible for the development and the supervision of Chambers I.T. network and the continued expansion of the I. T. infrastructure. He has a very strong grasp of technical and engineering issues and a fine eye for detail.

He lives in Oxfordshire and can accept instructions at short notice either by DX or email. He is married with 2 children.

Qualifications

University College, Dublin (BA Philosophy & Economics); City University (DipLaw)

Professional Membership

Personal Injury Bar Association
London Common Law and Commercial Bar Association
Professional Negligence Bar Association

Interesting Cases

Connor v Bradman [2007] EWHC 2789
Budden v Police Aviation Services Limited Q.B.D 2004 - Liability attached to the employer of a pilot who was killed when his air ambulance crashed after striking pylons close to Rochester Airport. Although the Judge could not identify the precise mechanical defect which had caused the crash he was satisfied that it had been caused by a mechanical defect
Cranfield v Bridgegrove Ltd C.A. [2003] 1 W.L.R. 2441 - Joined Cases: Claussen v Yeates
Successfully acted for the Yeates in a multi-party appeal dealing with service issues arising out of CPR Part 6
Masterman-Lister v Jewell C.A. [2003] 1 W.L.R. 1511 - Successfully acted for the Defendant in this leading case on Mental Capacity. The Claimant sought in 2000 to re-open litigation concluded in 1987 on the grounds that he lacked capacity to settle his action
Russell v Smith & Anor QBD (2003)
Apportionment of liability in a road traffic accident involving a minor. Although primarily responsible for the accident the Claimant’s damages were only reduced by 50%
Marley v Securicor Cash Services Ltd (2001)
The employment tribunal had failed to state the evidence upon which it had concluded that the Applicant had been fairly dismissed. Its reasons were inadequate and the Applicant was entitled to a fresh hearing. The Applicant failed again on the rehearing.
John Steel v Millbrook Proving Ground LTD C.A. 1999 - A Claimant’s general practitioner notes were primary evidence of the facts stated in them
Baker v Gadd (1988) C.A. - Civil Procedure - A Judge was not wrong to refuse permission to the Claimant to amend his Statement of Claim 10 years after the accident.