Andrew Hogarth QC

Barrister Profile

Andrew Hogarth QC has a strong reputation both in the field of Personal Injury and Employment law with a particular interest in industrial disease claims. He is recommended as a leading PI and Employment silk in the current editions of the major legal directories. 

Chambers & Partners 2012 describes Andrew as "knowledgeable, approachable and professional." He is praised  for giving "measured and reasonable advice" on personal injury, employment law and industrial disease matters.

Previously Andrew has been describes as "a barrister capable of digesting a vast amount of information and distilling it into a few words." Instructing solicitors say that, despite his "fantastic knowledge and enterprise," Hogarth "doesn't have an inflated personality."

From 1997 to 2010 he was a part-time Employment Tribunal Chairman. He is a CEDR-accredited mediator and mediates in employment law and personal injury cases. Andrew Hogarth QC has been head of Chambers since 2005.

Qualifications

Trinity College, Cambridge (MA)

Professional Membership

Personal Injuries Bar Association
Employment Law Bar Association
Professional Negligence Bar Association
London Common Law and Commercial Bar Association
Industrial Law Society

Publications

Author, Asbestos Disease Litigation (Butterworths) 2004 Contributor, PIBA handbook Contributor, Munkman on Employers’ Liability (14th & 15th editions).

Interesting Cases

On Line Design & Engineering Ltd v Engineering Construction Industry Training Board [2010] EWHC 2776 (Admin) Queen's Bench Division (Administrative Court). Construction Industry Training Board - scope of levy. 
British Telecommunications Plc v Royal Mail Group Ltd Court of Appeal (Civil Division),: [2010] EWCA Civ 974. Indemnity against asbestos disease liabilities. 
Owens v Noble Court of Appeal (Civil Division), [2010] 1 W.L.R 2491 [2010] P.I.Q.R. Q2. Setting aside damages awards following discovery of fresh evidence showing fraud. 
Rayment v Ministry of Defence: [2010] EWHC 218 (QB); [2010] I.R.L.R. Termination of employment as an act of harassment.
Drew v Whitbread Plc Court of Appeal (Civil Division), [2010] 1 W.L.R. 1725; [2010] C.P. Rep.22; [2010] 2 Costs L.R. 213; [2010] P.I.Q.R. P11. Costs - judge's discretion. 
Veakins v Kier Islington Ltd Court of Appeal (Civil Division). [2010] I.R.L.R. 132. What constitutes harassment under the Protection from Harassment Act 1997.
Owens v Noble [Court of Appeal 25.9.2009] Leave to appeal and set aside judgment in a fraudulent PI Claim.
Sandhu and Others v Gate Gourmet London Ltd [2009] IRLR 807. Participation in industrial action.
Lyddon v Englefield Brickwork Ltd [2008] IRLR 198. How to change Terms & Conditions.
Bodden v Solomon [2008] CILR 385 (Grand Court of Cayman Islands) Largest Personal Injury award in the Cayman Islands.
Bristol City Council v Deadman (Court of Appeal) [2007] IRLR 888, [2007] AII ED (D) 434 (Jul). Breach of contract leading to a stress at work claim.
Sayers v Cambridgeshire County Council [2007] IRLR 29. Breach of statutory duty and work related stress claims. 
Stoke on Trent City Council v Walley (Court of Appeal) [2006] AII ER (D) 483 (Jul) [2006] 4 AII ER 1230. Resiling from admissions.
Adshead and Others v May Gurney Ltd (EAT) [2006] AII ER (D) 388 (Jul). Contractual liability for holiday pay. 
British Airways v Noble and Forde (Court of Appeal) [2006] IRLR 533. Calculation of a week's pay.
Burgess v Plymouth City Council [Court of Appeal] [2006] I.C.R. 579 - Health and safety - Employer's liability - Workplace obstruction
Smith v Morrisroes [2005] ICR 596, [2005] IRLR 72 - Payment for annual leave.
Gallagher v Alpha Flight Services [2005] ICR 673, [2005] IRLR 102 CA - Rest breaks for workers.
Hartman v South Essex Mental Healthcare NHS Trust [2005] ICR 782, [2005] IRLR 293 CA - Stress at work - confidentiality.
Bunce v Postworth [2005] IRLR 557 - Status of agency workers
Saggar v Ministry of Defence [2004] ICR 1708 - Territorial reach of the Sex Discrimination Act.
Barber v Somerset County Council [2004] ICR 457, [2004] IRLR 475 HL - Stress at work.
Redrow Homes v Wright. [2004] ICR 1126, [2004] IRLR 720 CA - Effect of contractual terms on holiday pay.
Cooke v United Bristol Healthcare NHS Trust and others (2004) PIQR Q10 - Assessment of damages for the cost of future care-what allowance to be made for cost rising more steeply than RPI.
Securicor Omega Express v GMB (2004) IRLR 9 - Consultation with trade unions.
Willerby Holiday Homes v Union of Construction Allied Trades & Technicians [2003] AII ER (D) 93 (Nov) Damages for unlawful industrial action. Validity of strike ballot.
Fairchild v Glenhaven & Ors [2002] 3 WLR 89 - Causation in mesothelioma claims.
Willerby Holiday Homes v UCATT (Gray J 7.11.03) Right to strike.
Hatton v Sutherland [2002] 2 All ER 1 - Stress at work.
Byrne Bros v Baird [2002] ICR 667 - Definition of workers.
Bernadone v Pall Mall Services [2000] 3 All ER 544 - Transfer of tortious liability by virtue of the TUPE Regulations.
Miklaszewicz v Stolt Offshore [2001] IRLR 656 - Right to protection under the Public Interest Disclosure Act 1998.
Costain Building and Civil Engineering Ltd. v Smith and Another [Employment Appeal Tribunal [2000] I.C.R. 215. Safety representatives.
Edwards v. Peter Black Healthcare (Southern) Ltd. [Court of Appeal] [2000] I.C.R. 120. Practice. Striking out claims.
Clark v BET Plc [1997] IRLR 348 - Measure of damages in wrongful dismissal.
Page v Smith (No.1) [1996] 1 AC 155 - Leading modern case on the award of damages for psychiatric harm.
Page v Smith (No.2) [1996] 1 WLR 855 - Causation in tort in the context of Chronic Fatigue Syndrome.
Ibex Trading Co Ltd v Walton [1994] ICR 907 (CA) - Transfer of undertakings by receivers.
Edgson v Vickers Plc [1994] ICR 510 - Apportionment of liability between defendants in asbestos claims.
James W Cook v Tipper [1990] ICR 716 (CA) - Time limits applicable to Industrial Tribunal claims.
Addison v Babcock FATA [1988] QB 280 (CA) - Assessment of compensation by Industrial Tribunals.