Timothy Petts

Barrister Profile

Tim has a well-established Personal Injury practice, which includes a substantial amount of work involving serious injury and fatal accident claims. He also has considerable experience in claims against local authorities as highway authority, landlord or occupier of premises. He has experience of conducting a defence where fraud is alleged or suspected. Other strong areas of expertise include employers’ civil and criminal liabilities (including stress at work claims, inquests and HSE prosecutions). Tim is also experienced in conducting CRU appeals for insurers and advising in credit hire claims.

Tim also specialises in Clinical Negligence and acts on behalf of both claimants and hospitals. His practice has included claims in a wide range of fields, including obstetrics and mental health.

He has particular experience in Professional Negligence claims against solicitors and insurance brokers and is regularly instructed by solicitors’ professional insurers attempting to rescue claims before they are struck-out.

In the field of Employment Law, Tim's experience includes unfair dismissal and other claims in Employment Tribunals and the Employment Appeal Tribunal.

Within chambers, Tim co-ordinates the in-house pupil advocacy training programme.

Tim is Churchwarden and Director of Music at All Saints’ Church, Tooting and helps to organise an annual reunion concert for former members of the Essex Youth Orchestra. He is also endeavouring to master Welsh, his wife’s first language.

Qualifications

M Jur, European and Comparative Law (Jesus College, Oxford) (First class, British Academy Scholarship)
MA, Jurisprudence (Jesus College, Oxford) (First class, Open Exhibition)

Professional Membership

Elected member of Inner Temple Bar Liaison and Estates Committees
Personal Injuries Bar Association
Professional Negligence Bar Association
Employment Law Bar Association
Health and Safety Lawyers’ Association
Medico-Legal Society

Publications

Contributing Editor to Kemp & Kemp: Personal Injury Law, Practice and Procedure - a major new publication and companion volume to the main Kemp Quantum work, concentrating on procedural law and tactical considerations for both sides in personal injury and clinical negligence claims. Former contributor to Butterworths Professional Negligence Service. He is also a frequent contributor to the Personal Injury Law Journal, commenting on recent developments in substantive and procedural law".

Interesting Cases

Kanu v King's College Hospital [2006] EWHC 820 (QBD) - acted for a severely brain-injured teenager in a substantial clinical negligence claim, leading to a major decision on periodical payments.
Morris v Staffordshire CC (Lawtel, April 2006) - acted for local authority in a stress at work claim.
Swinton v Annabel's (Berkeley Square) Ltd (Current Law 2004) – whether a cyclist was partly to blame for his injuries by not wearing a cycle helmet.
Eagle v Chambers [2004] RTR 115 (Court of Appeal) – contributory negligence of pedestrian hit by a car.
Evans v Devon CC (Current Law 2004) – appeal on whether a Highway Authority has a duty to remove algae from the pavement.
Gardner v Wharton (Current Law 2004) – farmer’s liability for cow escaping from field onto the road causing a collision.

Examples of Tim's recent experience include :-

- Defending a fire authority against a PI claim from a fireman who claimed that the fire engine was unsuitable "work equipment"
- Defending a local authority in a claim brought by a teenager injured at a youth club
- Resisting a claimant's attempt to set aside a settlement reached between her trustee in bankruptcy and the defendant
- Advising in a stress at work claim brought by a university lecturer