Cressida Mawdesley-Thomas

Cressida specialises in all aspects of Personal Injury law. She has a thorough and collaborative approach and is recognised by The Legal 500 as a Rising Star who “has already amassed an extremely impressive caseload, far beyond that of many barristers much more senior”.

In disease litigation Cressida acts for Claimants suffering from mesothelioma, lung cancer, diffuse pleural thickening and asbestosis. She is also experienced in VWF/ HAVS claims. She regularly appears in the Masters’ corridor and is well versed in limitation arguments and complex issues of causation. As second junior in Mather v MOD she helped obtain a settlement of over £3 million for a former RAF painter & finisher who developed MS following exposure to organic solvents in breach of the COSHH Regulations.

Cressida has particular interest in equine claims brought under The Animals Act 1971.  She is currently junior counsel in a high value, complex CRPS claim following a military riding accident. Cressida is adept at drafting schedules of loss in cases involving the loss of a military career.

In clinical negligence Cressida has experience in a range of different cases, including delayed diagnosis, as well as unnecessary and negligent surgery. This compliments her coronial practice where she is instructed in inquests involving multiple expert jurisdictions. She successfully obtained a regulation 28 prevention of future death report in a case arising out of the police’s treatment of head injuries and questioned experts in pathology, neuropathology, and toxicology.

Cressida is adept at handling complex motor insurance indemnity points. She successfully acted as Junior Counsel for the Second Defendant in Covea Insurance Plc v Greenaway [2021] 3 WLUK 379, considering the meaning of the ‘stolen or unlawfully taken’ exception under s. 151 of the Road Traffic Act 1988Greenaway was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018. Unled she successfully acted for the Second Defendant in Kelec v (1) Kotwal (2) Nelson Insurance (HHJ Dight CBE, central London County Court, 18 August 2022). The case concerned the limits of a direct action under The European Communities (Rights against Insurers) Regulations 2002 (‘the 2002 Regulations’).

Cressida acts and advises in costs litigation, including detailed assessment hearings, where she is an effective advocate. She co-edits 12 King’s Bench Walk’s Costs blog with Deputy Costs Judge Andrew Roy.

Prior to coming to the Bar Cressida worked at a top American investment bank. She is highly numerate and drafts living and fatal schedules of loss beyond her year of call.

Industrial Disease

Asbestos: Cressida advises on a range of issues including asbestos exposure at sea and on points relating to insurance and employment status. She is not afraid to take on complex cases.

Cressida undertook a six-month secondment at Royds Withy King where her work included drafting witness statements and schedules of loss in complex living and fatal mesothelioma claims.

Solvents: Cressida was junior counsel for the Claimant, a RAF painter & finisher who developed MS after exposure to organic solvents. After 12 days in the High Court a settlement of over £3 million was reached. The case involved complex issues of causation and limitation. See press reports here.

Noise: Cressida undertakes claims for noise-induced hearing loss. She regularly advises on valuable future loss of earnings claims calculated under Ogden 8 and on points arising from the ‘disabled’ vs ‘not-disabled’ reduction factors.

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Personal Injury

Equine / Animals Act: Cressida has particular insight when it comes to equine litigation and advises in claims brought under the Animals Act 1971, acting for both Claimants and Defendants. She is currently acting as junior counsel for the Claimant in a valuable and complex CRPS case, reported in the press here.

Employers / Public Liability: Cressida regularly advises in claims arising out of accidents at work and public liability claims. She has successfully acted for a range of Defendants in claims brought under the ‘six pack’ regulations as well as The Occupiers Liability Act 1957, her advice is astute and tactical.  Cressida is also well versed in vicarious liability.

Fraud / Fundamental Dishonesty: Cressida successfully acted (pro bono) for a Claimant in fundamental dishonesty proceedings, securing a pro bono costs order against the Defendant. She has worked on cases involving extensive surveillance footage and is adept at handling document-heavy instructions.

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Clinical Negligence

Cressida undertakes a range of clinical negligence work arising out of delayed diagnosis and treatment.

Gynaecology / Obstetrics: Cressida has recently advised in a case concerning treatment of ovarian cancer. She is particularly interested in injuries following pregnancy and birth. She Spoke alongside Sonia Macleod on medical device safety, including vaginal mesh and primodos and has published articles on the Vaccine Damage Payment Scheme.

Cressida incisively cross-examines expert witnesses and accepts instructions on a CFA.

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Motor Indemnity

Kelec v (1) Kotwal (2) Nelson Insurance (HHJ Dight CBE, central London County Court, 18 August 2022): Successfully acted for the Second Defendant at first instance and on appeal in a case concerning the limits of a direct action under The European Communities (Rights against Insurers) Regulations 2002 (‘the 2002 Regulations’).

Covea Insurance Plc v Greenaway [2021] 3 WLUK 379: successfully acted as Junior Counsel for the Second Defendant in a case concerning the “stolen and unlawfully taken” exception under section 151 of the RTA 1988 in light of the 6th motor insurance directive. This was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018.

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Inquests

Cressida successfully represented a family in a multi-day inquest to determine the medical cause of death in a case involving traumatic brain injury, alcohol and ketamine. She worked alongside the leading expert in traumatic brain injury, Professor William Stewart of Glasgow University and questioned leading experts in neuropathology, toxicology and pathology. The cause of death was changed on the post-mortem and regulation 28 prevention of future deaths report was obtained. Case reported here: https://www.plymouthherald.co.uk/news/plymouth-news/plymouth-student-found-dead-after-5051187

Cressida is regularly instructed in inquests following deaths in care homes and clinical settings. She accepts instructions from all interested parties and is an effective advocate in the Coroner’s Court.

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Costs

Cressida helped secure a substantial interim payment on account of costs following a High Court trial.

QOCS: Cressida’s detailed understanding of the QOCs regime is an integral part of her ability to astutely advise clients. Her articles are regularly published in Litigation Funding.

Fraud / Fundamental Dishonesty: Cressida has successfully acted in costs-only proceedings concerning the issue of fundamental dishonesty and obtained a pro bono costs order for several thousand pounds.

Budgeting: Cressida’s careful analysis makes her an effective advocate in CCMC proceedings.

Cressida is keen to develop her Costs Practice. She edits 12 KBW’s Costs Litigation Blog alongside Deputy Costs Judge Andrew Roy.

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International & Travel

Cressida successfully acted as Junior Counsel for the Second Defendant in Covea Insurance Plc v Greenaway [2021] 3 WLUK 379, the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018. She advises on issues of jurisdiction and service post Brexit.

Montreal Convention: Cressida regularly advises and drafts statements of case in claims brought under the Montreal Convention.

Package Travel Regulations: Cressida regularly advises and drafts statements of case in claims brought under the Package Travel Regulations.

Languages: Cressida speaks intermediate French and conversational Spanish.

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Credit Hire

Cressida has successfully run intervention arguments, defeated assertions that the Claimant was impecunious and in cases of business hire, ensured that only loss of earnings was recoverable. She is capable of handling complex and high-value credit hire claims.

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Qualifications & Awards

BPTC – Outstanding
GDL – Commendation
BA English Literature & Language (Dunelm)
Middle Temple Harmsworth Scholarship
BPP Advocacy Scholarship
FCA CISI Exams: Derivatives, Securities, UK Financial Regulations

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Appointments & Memberships

PIBA
AVMA
PEOPIL

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Publications (a recent snapshot)

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Cases

Mather v MOD: successfully acted as second Junior for the Claimant, a RAF painter & finisher who developed MS after exposure to organic solvents. After 12 days in the High Court a multi-million settlement was reached.

Covea Insurance Plc v Greenaway [2021] 3 WLUK 379: successfully acted as Junior Counsel for the Second Defendant. This was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018.

O’Connell v MOD (ongoing): Cressida is junior counsel for the Claimant in a high-value CRPS case. Reported in the press here.

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Directories

“Cressida is a very bright, committed junior with huge potential.” – Legal 500, 2024

 

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Cressida has already amassed an extremely impressive caseload, far beyond that of many barristers much more senior.

Legal 500, 2023

Cressida is a very bright, committed junior with huge potential.

Legal 500, 2024