Personal Injury

Regularly instructed by Claimants (including a number of trade unions) and Defendants in relation to catastrophic injury cases and has vast experience of mid range value cases. His experience includes advising in road traffic, public liability and disease claims (asbestos exposure, deafness and HAVS).

CASES

Dodds v Crosco [County Court Newcastle Upon Tyne] July 2004
Award of £425,000 for hand injury to 23 year old male.

Marshall v Home Office [High Court Newcastle Upon Tyne] 2nd May 2006
Award of £575,000 for moderate brain injury to Claimant who had attempted to commit suicide whilst on remand.

Clinical Negligence

Instructed by Claimants and Defendants in clinical negligence claims including injuries at birth, catastrophic brain and spinal injuries, injuries from non and misdiagnosed illness, and failed surgery cases. He has appeared in a number of significant declaratory relief cases in relation to both medical and non medical issues. He is a leading expert on the new Mental Capacity Act 2005 and has appeared in the Court of Protection and advised in welfare treatment and deprivation of liberty matters. He is instructed by local authorities, health trusts and the Official Solicitor. He has wide ranging experience of the Mental Health Act 1983 appearing before the tribunal and in judicial review cases.

CASES

Rees v Darlington Memorial Hospital [2004] 1 AC 309 [2003] UKHL 52
House of Lords (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Hutton, Lord Millett, Lord Scott of Foscote) 16/10/2003 References: LTL 16/10/2003 : (2004) 1 AC 309 : (2003) 3 WLR 1091 : (2003) 4 All ER 987 : (2004) 1 FLR 234 : (2004) Lloyd's Rep Med 1 : (2004) 75 BMLR 69 : Times, October 21, 2003 : Independent, October 21, 2003. A disabled mother who gave birth to a healthy child after a negligently-performed sterilisation was not entitled to recover the extra costs of child care occasioned by her disability. However a conventional award of £15,000 would be made to mark her injury and loss of the benefit that she was entitled to expect.

Thornton v Newcastle Upon Tyne Hospitals Trust (April 2005)
With Adrian Whitfield QC.
Settlement of £1,35M for child with cerebral palsy. One of the first cases where a periodical payments order was made.

Employment

Employment / Discrimination

Instructed by employees and employers in relation to unfair dismissal, redundancy, public interest disclosure and transfer of undertaking cases. He has appeared in a number of complex and lengthy sex, race and disability discrimination cases for and against public authorities and large employers. In relation to restrictive covenants and confidentiality clauses, he had advised and appeared in a number of cases both in relation to interim relief and final hearings. He has advised in many discrimination cases, including non-employment matters.

Disciplinary

Instructed to appear in police disciplinary proceedings. He has been appointed to advise ACC’s as independent counsel in police disciplinary hearings. He has appeared in a number of high profile medical disciplinary cases involving nurses, midwives and doctors.

Public/Administrative Law

He has appeared in the Administrative Court in relation to decisions of the CICB/A; education exclusion, school reorganisation and transport arrangement cases; decisions to administer final warnings to juveniles; licensing decisions; review of police disciplinary decisions; provision of care services to chronically disabled persons. He has advised local education authorities on special educational needs provision, schools reorganisation and the discretionary transport arrangements for school children.

CASES

NCC v J, P and L [High Court Newcastle Upon Tyne, Bodey J, January 2006]
Declarations made in relation to adult without capacity concerning health care, residence and contact with relatives.

R v Chief Constable of Durham [Admin. Court] March 2006
Permission to Claimant to challenge lawfulness of final warning administered to a juvenile.

R (on the application of the IPCC v Chief Constable of South Yorkshire [Admin. Court May 2006]
Permission given to IPCC to challenge lawfulness of the Secretary of State for the Home Department's Guidance on standard of proof in police disciplinary matters.

R v Criminal Injuries Compensation Board, ex parte Marsden [1999] PIQR
Court of Appeal decision on compensation payments to victims of road accidents where the MIB will not pay out. Consideration of legitimate expectation, interpretation of the scheme and the royal prerogative.