Personal injury
12KBW is one of the premier sets in this field and is described as a 'standout set' when it comes to personal injury. (Chambers and Partners)
12KBW possesses an unrivalled personal injury focus. Uniquely, all 65 barristers list personal injury as one of their primary areas of expertise. Because of this 12KBW offers unparalleled strength in depth from top to bottom. Members of 12KBW are instructed by both Claimants and Defendants in all areas of personal injury work including all industrial disease claims, particularly asbestos, RSI and VWF; brain damage; spinal injuries; all other employers', public and product liability claims; all road traffic related work, including the MIB.
Members of chambers have appeared in landmark cases some of which are listed below. Reported cases are of course only the tip of the iceberg. Most PI claims should and do settle. On any given day at least one barrister at 12KBW would normally be settling a claim in excess of £1 million pounds. Members frequently deal with claims worth more than £5 million.
Congruently, 12KBW is at the forefront of ADR in PI cases. Its mediation service is the first and so far the only one of its particular kind offered by a barristers' chambers. In the new year chambers will also have a dedicated mediation suite. The team of accredited mediators, including 6 QCs, offers unequalled PI expertise, providing parties with the best possible opportunity to resolve cases outside of Court.
12KBW’s expertise is reflected in the prominence of its members in PI forums outside actual practice:
Cases
Kirk v. Walton [2009] EWHC 703 (QB). Prosecution of malingering claimant for contempt of court.
Toropdar v D [2009] EWHC 567 (QB). Negative declaratory relief.
Huntley v Simmonds [2009] EWHC 406 (QB). Part 36 offers and periodical payments.
Beddoes and others v Vintners Defence Systems and others (2009) Unreported, Newcastle CC. Recoverability of damages for asymptomatic asbestosis.
Cain v Francis; McKay v Hamlani & Direct Line [2008] EWCA Civ 1451. Application of s.33 Limitation Act 1980.
John Shortell (Executor Of The Estate Of John Joseph Shortell, Deceased & Litigation Friend Of Eileen Shortell) V Bical Construction Ltd (Sued As Successor To Bic Construction Ltd) QBD (Liverpool) (Mackay J) 16/5/2008. A successful decision establishing that lung cancer was caused by asbestos.
Sarwar v Ali & MIB [2007] EWHC 1255. Periodical payments and indexation.
Conner v Bradman and Co Ltd [2007] EWHC 2789 (QB), [2007] All ER (D) 495 (Nov). Application of the 6th Edition of the Ogden tables.
Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd) [2007] UKHL 39, [2007] 4 All ER 1047. The pleural plaque test case.
Eyres v. Atkinsons Kitchens Ltd [2007] EWCA Civ 365 Court of Appeal – Liability for employee falling asleep at the wheel
Ellis v Bristol City Council [2007] EWCA Civ 685. Application of regulation 12(1) of the Workplace (Health, Safety and Welfare) Regulations 1992.
Deadman v. Bristol City Council [2007] EWCA Civ 822 Court of Appeal – Stress at work
Sheila Ley v. Devon County Council (QBD) unreported, 28th February 2007. Highways - restricting the application of Gulliksen.
Ehrari v Curry [2007] EWCA Civ 120 – liability of motorist to child crossing a road, contributory negligence.
Barker v Corus [2006] UKHL 20. Whether damages for indivisible disease (mesothelioma) should be apportioned between exposers to asbestos.
Fifield v Denton Hall Legal Services [2006] EWCA Civ 169. Liability for work related upper limb disorder (WRULD) under Health & Safety (Display Screens) Regulations; evidential status of GP notes and records.
Banks v Ablex Limited [2005] IRLR 357. Liability of employer for harassment at work Grieves & 9 ors v FT Everard & Sons & British Uralite plc & 9 ors [2005] EWHC 88 (QB) [2006] EWCA Civ 27 (CA) Pleural Plaques test cases.
Hartman v South Essex Mental Healthcare NHS Trust [2005] ICR CA. Stress at work claims post-Barber.
Aer Lingus plc v Gildacroft Ltd & Sentinal Lifts Ltd (Simon J, QBD 24 June 2005). Limitation under the Civil Liability (Contribution) Act 1978
Keeley v (1) Pashen (2) Wren Motor Syndicate [2004] EWCA (Civ) 1491 Extent of liability under section 151 RTA 1988.
Halsey v Milton Keynes NHS Trust [2004] 1 WLR 3002 - costs consequences of refusal to agree to ADR.
A v X & B (Non party) (2004) EWHC 447. Disclosure of medical records of a non-party. Barber v Somerset County Council [2004] ICR 457, [2004] IRLR 475 HL. Stress at work Dixon v Were (2004) EWHC 2273. Loss of the chance of very high earnings.
Eagle v Chambers (2004) RTR 115. Contributory negligence of a pedestrian.
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
Young v Western Power Distribution plc (2003) EWCA Civ 1034 - Application of the Walkley principle
Farmer v Rolls-Royce Ltd unreported, 26/02/2003, lawtel document no. AC0105047 - Largest award in a fatal accident case;
Pearce v Lindfield and others (2003) EWCA Civ 647 - three successive whiplash injuries in separate road traffic accidents leading to chronic pain, loss of earnings and pension - apportionment of loss between defendants
Turner & Newell v Royal Sun Alliance [2002] EWHC 2420;
Fairchild v Glenhaven & Ors [2002] 3 WLR 89 - Causation in mesothelioma claims; Hatton v Sutherland [2002] 2 All ER 1 - Stress at work;
Smith v White Knight Laundry Ltd [2002] 1 WLR 616 -Limitation in relation to restoration of dissolved companies to the register;
Masterman-Lister v Jewell (2003) 1 WLR 1511 - Definition of a patient under the Mental Health Act 1983 in the context of a claimant who had compromised a personal injury claim and sought to re-open it 15 years later on grounds of mental incapacity at time of compromise;
White v ESAB Group (UK) Ltd [2002] PIQR Q6 – Multipliers;
Callery v Gray (No.1) [2001] 1 WLR 2112 - recoverability of success fees and insurance premiums in CFA cases;
Callery v Gray (No.2) [2001] 1 WLR 1242 - recoverability of success fees and insurance premiums in CFA cases;
Rahman v Arearose [2001] QB 351 - Correct approach to apportionment between separate tortfeasors;
Watson v British Boxing Board of Control[2001] QB 1134 - Duty of care in tort;
Cape Distribution Ltd v O’Loughlin [2001] EWCA Civ 178 - Calculation of damages in fatal accident cases;
Heil v Rankin [2000] 2 WLR 1173 - Level of general damages in personal injury actions; Van Oudenhoven v Griffin Inns [2000] 1 WLR 1413 - Multipliers and the impact of foreign tax regimes;
Jameson v Central Electricity Generating Board [2000] 1 AC 455; R v CICB ex p K [1999] 2 WLR 948 - Interpretation of s.4 Fatal Accidents Act 1976;
Wells v Wells [1999] 1 AC 345 - House of Lords' decision on multipliers;
Armstrong v British Coal Corporation [1998] Lawtel CA 31/07/98 - Test cases of VWF in the coal industry;
Page v Smith (No.1) [1996] 1 AC 155 - Leading modern case on the award of damages for psychiatric harm.
12KBW possesses an unrivalled personal injury focus. Uniquely, all 65 barristers list personal injury as one of their primary areas of expertise. Because of this 12KBW offers unparalleled strength in depth from top to bottom. Members of 12KBW are instructed by both Claimants and Defendants in all areas of personal injury work including all industrial disease claims, particularly asbestos, RSI and VWF; brain damage; spinal injuries; all other employers', public and product liability claims; all road traffic related work, including the MIB.
Members of chambers have appeared in landmark cases some of which are listed below. Reported cases are of course only the tip of the iceberg. Most PI claims should and do settle. On any given day at least one barrister at 12KBW would normally be settling a claim in excess of £1 million pounds. Members frequently deal with claims worth more than £5 million.
Congruently, 12KBW is at the forefront of ADR in PI cases. Its mediation service is the first and so far the only one of its particular kind offered by a barristers' chambers. In the new year chambers will also have a dedicated mediation suite. The team of accredited mediators, including 6 QCs, offers unequalled PI expertise, providing parties with the best possible opportunity to resolve cases outside of Court.
12KBW’s expertise is reflected in the prominence of its members in PI forums outside actual practice:
- Singularly, 12KBW boasts the former chairman of PIBA (Frank Burton QC) and former president of APIL (Allan Gore QC).
- Richard Methuen QC sits on the Ogden Committee
- William Featherby QC sits on the Civil Procedure Rules Committee
Cases
Kirk v. Walton [2009] EWHC 703 (QB). Prosecution of malingering claimant for contempt of court.
Toropdar v D [2009] EWHC 567 (QB). Negative declaratory relief.
Huntley v Simmonds [2009] EWHC 406 (QB). Part 36 offers and periodical payments.
Beddoes and others v Vintners Defence Systems and others (2009) Unreported, Newcastle CC. Recoverability of damages for asymptomatic asbestosis.
Cain v Francis; McKay v Hamlani & Direct Line [2008] EWCA Civ 1451. Application of s.33 Limitation Act 1980.
John Shortell (Executor Of The Estate Of John Joseph Shortell, Deceased & Litigation Friend Of Eileen Shortell) V Bical Construction Ltd (Sued As Successor To Bic Construction Ltd) QBD (Liverpool) (Mackay J) 16/5/2008. A successful decision establishing that lung cancer was caused by asbestos.
Sarwar v Ali & MIB [2007] EWHC 1255. Periodical payments and indexation.
Conner v Bradman and Co Ltd [2007] EWHC 2789 (QB), [2007] All ER (D) 495 (Nov). Application of the 6th Edition of the Ogden tables.
Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; Topping v Benchtown Ltd (formerly Jones Bros Preston Ltd) [2007] UKHL 39, [2007] 4 All ER 1047. The pleural plaque test case.
Eyres v. Atkinsons Kitchens Ltd [2007] EWCA Civ 365 Court of Appeal – Liability for employee falling asleep at the wheel
Ellis v Bristol City Council [2007] EWCA Civ 685. Application of regulation 12(1) of the Workplace (Health, Safety and Welfare) Regulations 1992.
Deadman v. Bristol City Council [2007] EWCA Civ 822 Court of Appeal – Stress at work
Sheila Ley v. Devon County Council (QBD) unreported, 28th February 2007. Highways - restricting the application of Gulliksen.
Ehrari v Curry [2007] EWCA Civ 120 – liability of motorist to child crossing a road, contributory negligence.
Barker v Corus [2006] UKHL 20. Whether damages for indivisible disease (mesothelioma) should be apportioned between exposers to asbestos.
Fifield v Denton Hall Legal Services [2006] EWCA Civ 169. Liability for work related upper limb disorder (WRULD) under Health & Safety (Display Screens) Regulations; evidential status of GP notes and records.
Banks v Ablex Limited [2005] IRLR 357. Liability of employer for harassment at work Grieves & 9 ors v FT Everard & Sons & British Uralite plc & 9 ors [2005] EWHC 88 (QB) [2006] EWCA Civ 27 (CA) Pleural Plaques test cases.
Hartman v South Essex Mental Healthcare NHS Trust [2005] ICR CA. Stress at work claims post-Barber.
Aer Lingus plc v Gildacroft Ltd & Sentinal Lifts Ltd (Simon J, QBD 24 June 2005). Limitation under the Civil Liability (Contribution) Act 1978
Keeley v (1) Pashen (2) Wren Motor Syndicate [2004] EWCA (Civ) 1491 Extent of liability under section 151 RTA 1988.
Halsey v Milton Keynes NHS Trust [2004] 1 WLR 3002 - costs consequences of refusal to agree to ADR.
A v X & B (Non party) (2004) EWHC 447. Disclosure of medical records of a non-party. Barber v Somerset County Council [2004] ICR 457, [2004] IRLR 475 HL. Stress at work Dixon v Were (2004) EWHC 2273. Loss of the chance of very high earnings.
Eagle v Chambers (2004) RTR 115. Contributory negligence of a pedestrian.
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
Young v Western Power Distribution plc (2003) EWCA Civ 1034 - Application of the Walkley principle
Farmer v Rolls-Royce Ltd unreported, 26/02/2003, lawtel document no. AC0105047 - Largest award in a fatal accident case;
Pearce v Lindfield and others (2003) EWCA Civ 647 - three successive whiplash injuries in separate road traffic accidents leading to chronic pain, loss of earnings and pension - apportionment of loss between defendants
Turner & Newell v Royal Sun Alliance [2002] EWHC 2420;
Fairchild v Glenhaven & Ors [2002] 3 WLR 89 - Causation in mesothelioma claims; Hatton v Sutherland [2002] 2 All ER 1 - Stress at work;
Smith v White Knight Laundry Ltd [2002] 1 WLR 616 -Limitation in relation to restoration of dissolved companies to the register;
Masterman-Lister v Jewell (2003) 1 WLR 1511 - Definition of a patient under the Mental Health Act 1983 in the context of a claimant who had compromised a personal injury claim and sought to re-open it 15 years later on grounds of mental incapacity at time of compromise;
White v ESAB Group (UK) Ltd [2002] PIQR Q6 – Multipliers;
Callery v Gray (No.1) [2001] 1 WLR 2112 - recoverability of success fees and insurance premiums in CFA cases;
Callery v Gray (No.2) [2001] 1 WLR 1242 - recoverability of success fees and insurance premiums in CFA cases;
Rahman v Arearose [2001] QB 351 - Correct approach to apportionment between separate tortfeasors;
Watson v British Boxing Board of Control[2001] QB 1134 - Duty of care in tort;
Cape Distribution Ltd v O’Loughlin [2001] EWCA Civ 178 - Calculation of damages in fatal accident cases;
Heil v Rankin [2000] 2 WLR 1173 - Level of general damages in personal injury actions; Van Oudenhoven v Griffin Inns [2000] 1 WLR 1413 - Multipliers and the impact of foreign tax regimes;
Jameson v Central Electricity Generating Board [2000] 1 AC 455; R v CICB ex p K [1999] 2 WLR 948 - Interpretation of s.4 Fatal Accidents Act 1976;
Wells v Wells [1999] 1 AC 345 - House of Lords' decision on multipliers;
Armstrong v British Coal Corporation [1998] Lawtel CA 31/07/98 - Test cases of VWF in the coal industry;
Page v Smith (No.1) [1996] 1 AC 155 - Leading modern case on the award of damages for psychiatric harm.