Nigel Lewers

Barrister Profile

Nigel is recognised In Chambers & Partners as a Leading Junior. In Chambers and Partners 2012, Nigel is described as a "complete gem," who is "utterly compassionate with clients and their families." He is further praised for being "remarkably astute" on mesothelioma claims.

In previous editions, Nigel is recommended as "an excellent choice of counsel on complex causation cases." He is regularly instructed in such matters and also came to prominence when tackling the pleural plaques test cases.  Clients say he has a “sharp mind” and a “charming personality.” A “true gentleman,” he can “solve almost any problem that comes his way.” He is further praised as a barrister who is “calm under fire” and “never fazed by difficulties.” Chambers and Partners 2011 descibes Nigel as a practitioner with a "quiet but effective manner" who is regularly brought into play on a range of catastrophic injury cases.

Personal Injury
• Liability of public authorities: occupier’s liability, employer’s liability, claims arising out of exposure to asbestos, claims under the Highways Act 1980 and claims involving allegations of abuse and assault.
• Road traffic: including claims on behalf of the Motor Insurers Bureau.
• Employers liability: industrial accidents and industrial disease especially exposure to asbestos, Vibration White Finger and work-related upper limb disorders.
• Accidents involving animals, particularly horses.
• Damages for catastrophic injury. A member of the panel of approved counsel of three major insurance companies for instruction in catastrophic injury claims.

Clinical Negligence
• Claims arising out of injury sustained at birth.

General Common Law
• Breach of contract and insurance.

Other Information
 - Former Member of the Bar Council Remuneration Committee.
 - Former Member Member of the Standing Panel to prosecute cases before   
   the Disciplinary Tribunals on behalf of the Bar Standards Board.
 - Former Member of the Executive Committee of the Personal Injury Bar Association.
 - Lectured extensively to solicitors on advocacy and litigation skills.

Qualifications

Magdalen College, Oxford (BA in Jurisprudence)

Professional Membership

PIBA
PNBA
London Common Law and Commercial Bar Association

Publications

General Editor and contributing author to Kemp & Kemp: Personal Injury Law, Practice and Procedure.

Interesting Cases

Kotula v EDF and others (2010, High Court). Trial on liability for tetraplegia arising out of a cycling accident.
Dalling v RJ Heale & Co. High Court, HHJ Seys Llewellyn QC, 25 March 2010. Damages for brain injury arising out of consecutive tortious and non-tortious accidents.
Brown v Surry (2010, High Court). Liability for accident when claimant fell from a horse causing paraplegia.
L v A (2009, High Court). Settlement including periodic payments for young man with spinal injuries. 
Small v Paben Construction (2009, High Court). Lump sum damages for brain injury caused by fall from a ladder on a construction site.
Gratton v Hibbard (2009). Settlement including periodic payments for claimant suffering from tetraplegia. 
Field v Ashford & St Peters Hospitals NHS Trust (2009, High Court). Settlement including periodic payments for child with cerebal palsy caused by clinical negligence during birth. 
Huntley v Simmons [2009] EWHC 406 (QB). Costs consequences of defective Part 36 offer. 
Huntley v Simmons [2009] EWHC 405 (QB); [2010} EWCA Civ 54. Damages for multiple injuries including brain damage.
Gadsby v Simpson (2008, High Court). Settlement for lump sum damages for multiple injuries arising out of a road traffic accident.
Lavender v Gray (2008). Trial on liability for spinal injury suffered by tree surgeon falling from a tree in the course of his work.
Ley v Devon County Council 28.2.07 Dobbs J - definition of “highway” under section 41 of the Highways Act 1980.
Ehrari v Curry [2007] EWCA Civ 120 – liability of motorist to child crossing a road, contributory negligence.
Patterson v Smiths Dock Ltd [2006] UKHL 20 – apportionment of liability in cases of mesothelioma arising out of exposure to asbestos.
Hindson v Pipe House Wharf (Swansea) Ltd [2006] EWCA Civ 27 - one of the test cases on actionability and quantum in relation to pleural plaques caused by exposure to asbestos.
Marley v Cohen CA, 20/10/03 – liability for collision between two barges on a canal.
Lewis v Teleshop Services Limited HHJ Knight QC, 19.9.03 – psychiatric injury, application of principles of causation set out in Sutherland v Hatton [2002] PIQR P21.
Russell v Smith QBD, HHJ Ritch, 30/7/03 – head injury, contributory negligence for 10 year old cyclist, liability in respect of dangerously parked vehicles.
Galloway v London Borough of Richmond on Thames QBD, Eady J, 20/2/03 – test of “dangerous” pursuant to section 41 of the Highways Act 1980.
Woodings v Abdalla and Others HHJ Marr-Johnson, 7/2/03 - costs.
McKeown v Munday [2002] EWHC 725 – head injury, loss of a chance, reducing the multiplier for contingencies.
Bridgeman v McAlpine Brown CA, 19/1/00 – application to substitute a defendant outside limitation period.
Akel v Havering London Borough Council CA, 10/11/99 – apportionment of liability for accident in a gymnasium.
Jenkins v Holt CA, 22/4/99 – appeal on liability arising out of a road traffic accident.
Wright v Freeway Haulage CA, 22/4/99 – speed and causation in a road traffic accident.
Senyonjo v East London & City Health Authority (1997) 33 B.M.L.R 160 - extending the validity of a writ.
Cowden Train Disaster Inquest (1995)