Tim has a well-established personal injury and clinical negligence practice, acting mainly on behalf of defendants but maintaining a sizeable practice in cases for claimants.  Particular areas of expertise include local authority liabilities, fraudulent claims, inquests, employers’ civil and criminal liabilities, and procedural issues.  He is regularly instructed by leading solicitors and insurers, and is experienced in providing tactical advice before and during litigation.  He gives continuing education talks to solicitors on issues of liability, procedure and tactics, and participates in mock trials (as judge or advocate) for solicitors and clients.

He is one of the founding contributing editors of the leading loose-leaf work Kemp and Kemp: Personal Injury Law, Practice and Procedure, where he writes on issues such as striking-out of claims and ethical points.  This led to him being asked to join the Bar Council’s Ethics Committee in 2016.

He has appeared regularly for many years in courts in north and in south Wales, and is a Recorder on the Wales Circuit (authorized to try criminal cases, including serious sexual offences, and civil cases). He has learnt Welsh to a good standard, after marrying a fluent speaker and deciding to bring up their two children in Anglesey primarily through the medium of Welsh.  He is able to use Welsh with clients / witnesses in litigation to some extent, as appropriate.  He divides his time between London and Wales, but is happy to be instructed for cases in any part of England and Wales.

Personal Injury
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In quantum issues, Tim has many years of experience in dealing with medical experts at court and in conference, and in questioning an opposing expert under Part 35.  He is regularly instructed in high-value claims, either alone or with a leader.

Recent experience includes:

  • Claimant: An on-going High Court quantum-only claim following a road traffic accident, with multiple injuries and a large care claim.
  • Defendant: Complicated tri-partite litigation involving C with extensive pre-existing back issues and a third party denying liability in circumstances where D had already admitted liability based on its understanding of third party’s actions. Settled at mediation.
  • Defendant: High Court claim for partial hand amputation in an industrial accident. Issues about C’s long-term immigration status and impact of any return home on C’s claim for earnings / care.  Settled at JSM.
Clinical Negligence
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Tim is regularly instructed by claimants and by defendants in clinical negligence cases. He had an interest in medical issues even before joining chambers, as his parents are retired biomedical scientists and his sister is a qualified physiotherapist.  His recent cases in this area include:

  • Claimant: negligent failure to assess an elderly patient for the risk of pressure sores, leading to below-knee amputation. Settled pre-trial.
  • Claimant: negligently performed ileostomy.  Issues about the effect on C’s career path given his previous work history and the symptoms he would have had if treated non-negligently. Settled pre-trial.
  • Claimant: GP’s failure to consider the possibility of cancer, where C eventually required a colectomy. Settled pre-trial.

His earlier cases include Kanu v Kings College Hospital [2006] EWHC 820 (QB) (for claimant, led by Susan Rodway QC) – the case that established the arrangements required for periodical payments to be made in clinical negligence claims where the NHSLA is the effective source of compensation.

Industrial Disease
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Tim has experience in industrial disease cases, including deafness, VWF and asbestos, both for claimants and defendants, and is a member of the chambers Industrial Disease practice group.

Professional Negligence
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Tim has been regularly instructed in professional negligence claims against solicitors and others, particularly in cases considering alleged negligence in the handling of a personal injury claim.  He regularly receives instructions from indemnity insurers attempting to rescue the original claim so that it does not turn into a negligence claim against solicitors.

He has a particular interest in claims against insurance brokers, having written about this topic for Butterworths Professional Negligence Service.

International & Travel
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Tim is a member of the chambers International and Travel practice group and of TATLA.  His Master’s degree was in the field of European and Comparative Law and he has a particular interest in claims with a foreign element.

Insurance
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Tim has regularly advised on questions of construction of insurance policies and on disputes between insurers, including cases involving the MIB.  He advises on policy wording and indemnity / coverage issues on behalf of insurers and insured.

Product Liability
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Tim’s experience in this field includes advising and representing a well-known chain store in claims such as defective garden equipment and defective air conditioners, involving questions of construing of contracts as well as the issues arising under the Product Liability Act.

Tim has considerable experience in costs management issues, both as an advocate and as a Recorder, where he is one of the few fee-paid judges authorized to conduct costs and case management hearings on the Wales Circuit.

Health & Safety
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Tim is regularly instructed in cases involving civil or criminal liabilities for employers, where he advises on issues such as stress at work, HSE prosecutions and liability under the various statutory regulations.

Tim has regularly been instructed by solicitors and insurers looking for realistic advice, based on years of experience, as to whether there are sufficient grounds to allege fraud and what evidence should be obtained to substantiate such suspicions. His cases include Scullion v Royal Bank of Scotland (2013, for RBS, Exeter CC) – a leading example of a defendant striking out a claim before trial as an abuse of process where D’s evidence led C to admit that a large part of the claim was fraudulent, and where the judge accepted that her fraud had tainted the remainder of the claim such that the entire claim should be dismissed.

His recent experience for defendants includes:

  • The strike-out at trial of an apparently fraudulent claim where C twice claimed for credit hire while his own car was being repaired after two accidents only for it to emerge that his car had never been repaired
  • A fraudulent injury claim by a driver found by the trial judge not to have been in his parked car at the time of the accident
  • An employers’ liability claim where D alleged that no accident had occurred. C discontinued in the run-up to trial.
  • Zaman v Paradise [2014] EWHC 4684 (QB) – striking out of a claim where C in a quantum-only trial had repeatedly failed to bring the matter to trial after D had alleged that the claim was fraudulent
  • A trial in which the four claimants were found to have made fraudulent claims that an RTA had occurred in which they had been injured
Inquests
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Tim has many years of experience in representing bereaved families and others involving in fatalities.  His experience includes:

  • A forthcoming 3-week inquest following a double fatality car accident on an icy road early in the morning – issues about the role of the police and the highway authority, and others, as well as the actions of the deceased drivers of the two cars involved.
  • Representing a widower whose wife had died following sudden development of pneumoccal meningitis complicated by pneomocephalus where there was criticism of the hospital’s delay in administrating antibiotics.
  • Representing a driver at an inquest where her granddaughter had been killed in a collision between the car and a train at a level crossing. Questions of compliance of the level crossing warning lights with the required standard.
  • Representing a highway authority at an inquest into the death of a cyclist whose front wheel struck a pothole when descending a steep hill.
  • Representing the family at a seven-day inquest into the drowning of a young girl at a swimming pool.

As a Recorder, Tim has been trained and authorized to deal with crown court cases involving serious sexual offences, and he is looking to bring this knowledge and his long experience of personal injury claims together in his practice.  He is experienced in dealing with vulnerable witnesses. His recent experience in his practice includes a claim against a school for an alleged sexual assault on a pupil by fellow pupils and advising in a professional negligence claim against solicitors for their handling of employment tribunal and county court claims following abuse suffered by an employee at the hands of a fellow employee.

Public Authority Liability
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His particular areas of liability interest include OLA claims and highway claims, especially “winter weather” claims and questions of highway layout / design, and also claims against schools, especially where a member of staff has been injured by a pupil.

His relevant OLA / highways claims experience includes:

  • Robinson v North Yorkshire CC and Richmondshire DC (2017) where he defended at trial a claim against RDC by a severely injured pedestrian that it owed him a duty of care outside the parameters of the Highways Act and the Occupiers’ Liability Acts
  • Tacagni v Penwith DC [2013] EWCA Civ 702, where he defended at trial and in the Court of Appeal a claim by a pedestrian who fell from an unlit, raised and unfenced verge onto a road below. The judgment is an important authority on the standard of care to be expected by an occupier.  Following this decision, he has been instructed in similar cases of pedestrians falling onto highways from adjoining land.
  • Fernquest v City and County of Swansea [2011] EWCA Civ 1712, where he represented the council at trial and on appeal on whether there was any duty on a local authority that operated a park and ride service to warn passengers before boarding that the pavements near the destination were icy. At the first-instance hearing, the council defended its winter weather highways maintenance policy under s.41(1A) of the Highways Act 1980 (decision not appealed).
  • An ongoing claim against a highway authority for traffic light sequencing that caused a trap for motorists
  • A claim against a council for failure to grit a public car park during wintery weather. An occupier’s liability case, but with links to the approach that the council took to roads and pavements in periods of ice and snow. C has obtained permission to appeal from the Court of Appeal.

In the education field, his experience includes

  • An ongoing High Court claim where a teacher is alleged to have assaulted and / or shouted at a pupil, causing psychiatric issues later in life. Various points on liability and causation in issue.
  • Various claims against local authorities where a teacher or teaching assistant had been injured by a pupil with special educational needs.
Qualifications

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

MA, Jurisprudence (Jesus College, Oxford) (First class, Open Exhibition)

Appointments & Memberships

Recorder: 2008 (Wales Circuit – Crime, including Serious Sexual Offences, and Civil)

Member of the Inner Temple Bar Liaison Committee since 2006 (Vice-Chairman since 2015)

Member of the Inner Temple Executive Committee (since 2015)

Member of the Bar Council Ethics Committee (since 2016)


PIBA

PNBA

TATLA

Publications

Kemp & Kemp: Personal Injury Law, Practice and Practice (contributing editor)

Cases

2017

  • An ongoing quantum-only high value QBD claim following a road traffic accident
  • A forthcoming 3-week inquest following double fatality car accident on an icy road early in the morning – issues about the role of the police and the highway authority, and others, as well as the actions of the deceased drivers of the two cars involved
  • An ongoing High Court claim where a teacher is alleged to have assaulted and / or shouted at a pupil, causing psychiatric issues later in life. Various points on liability and causation in issue.
  • An ongoing claim against a highway authority for traffic light sequencing that caused a trap for motorists
  • Robinson v North Yorkshire CC and Richmondshire DC (2017) – defending a claim against RDC that it owed a duty of care to a pedestrian outside the parameters of the Highways Act and the Occupiers’ Liability Acts, where C had suffered life-changing injuries in a fall

2016

  • Representing a widower whose wife had died following sudden development of pneumoccal meningitis complicated by pneomocephalus where there was criticism of the hospital’s delay in administrating antibiotics.
  • Striking out an injury claim against a landlord for showing no cause of action, with the result that the tenant lost her QOCS protection
  • A clinical negligence claim for failure to assess an elderly patient for the risk of pressure sores, leading to below-knee amputation (settled).
  • Complicated tri-partite litigation involving C with extensive pre-existing back issues and a third party denying liability in circumstances where D had already admitted liability based on the third party’s actions (settled at mediation).
  • High Court claim for partial hand amputation in an industrial accident. Issues about C’s long-term immigration status and impact of any return home on C’s claim for earnings / care (settled at JSM).
  • A clinical negligence claim for a badly performed ileostomy. Issues of the effect on C’s career path given previous work history and the symptoms he would have had if treated non-negligently (settled).

2015

  • A clinical negligence claim relating to a GP’s failure to consider the possibility of cancer, where C eventually required a colectomy (settled).
  • A claim by a child against a charity running a summer holiday club for alleged negligent supervision leading to her injury. Most of D’s witnesses gave evidence in Welsh and Tim conducted most of the pre-trial discussions with them, and the taking of their evidence, in Welsh.
  • Defending a claim against highway authority based on an alleged duty to fence and light a pathway (claimant discontinued in the run-up to trial).
  • The strike-out at trial of an apparently fraudulent claim where C twice claimed for credit hire while his own car was being repaired after two accidents only for it to emerge that his car had never been repaired.
  • OLA claim against the freehold owner of a block of flats for extensive injuries caused by falling on virtually unlit stairs in the common parts (settled).
  • OLA claim against council for failure to grit a public car park (defended at trial, permission for an appeal to the CA granted to C)
  • A fraudulent injury claim by a driver found by the trial judge not to have been in his parked car at the time of the accident
  • A High Court claim for partial hand amputation in an industrial accident. Issues about C’s long-term immigration status and impact of any return home on C’s claim for earnings / care (settled at JSM).

Selected cases from before 2014:

  • Representing a driver at an inquest where her granddaughter had been killed in a collision between the car and a train at a level crossing. Questions of compliance of the level crossing warning lights with the required standard
  • Zaman v Paradise [2014] EWHC 4684 (QB) (for D) – striking out of a claim where C in a quantum-only trial had repeatedly failed to bring the matter to trial after D had alleged that the claim was fraudulent.
  • A trial in which the four claimants were found to have made fraudulent claims that an RTA had occurred in which they had been injured
  • Tacagni v Penwith DC [2013] EWCA Civ 702 (for P) – occupier’s liability claim relating to an unfenced, unlit raised verge adjoining a road.
  • Representing a highway authority at an inquest into the death of a cyclist whose front wheel struck a pothole when descending a steep hill
  • Fernquest v City and County of Swansea [2011] EWCA Civ 1712 (for D) – whether there was any liability on a local authority that operated a park and ride service for failing to warn passengers before boarding that the pavements near the destination were icy. Also appeared in the first-instance hearing, where the council defended its winter weather highways maintenance policy under s.41(1A) of the Highways Act 1980.
  • Claims against local authorities where a teacher or teaching assistant had been injured by a pupil with special educational needs
  • Scullion v Royal Bank of Scotland (Exeter CC, for D) – striking out before trial of a claim as an abuse of process where D’s evidence led C to admit that a large part of the claim was fraudulent.
  • Representing the family at a seven-day inquest into the drowning of a young girl at a swimming pool
  • Kanu v Kings College Hospital [2006] EWHC 820 (QB) (for K, led by Susan Rodway QC) – the case that established the arrangements required for periodical payments to be made in clinical negligence claims where the NHSLA is the effective source of compensation
  • Eagle v Chambers [2003] EWCA Civ 1107 (for C, led by Toby Hooper QC) – contributory negligence of a pedestrian hit by a car
  • R v Euromin (2001) (for D, led by Ronald Walker QC) – corporate manslaughter trial at the Old Bailey