Personal Injury

In April 2007, Matthew became the youngest elected member of the national Executive Committee of the Association of Personal Injury Lawyers (APIL), a not-for-profit organisation representing the interests of accidents victims and their families.

Matthew has extensive experience of concisely and effectively presenting unusual expert evidence (from pig husbandry to arboriculture) and complex medico-legal issues (from intervening complications following medical treatment, e.g. emboli, to unusual pathologies arising from simple injuries, e.g. complex regional pain syndrome).

Matthew also has extensive experience of advising on complex quantum issues including ongoing care and assistance requirements, career forecasting in the context full and partial earnings loss, disability claims, mitigation arguments, pension loss and provisional damages. On a weekly basis, Matthew has conduct of cases with a six or seven figure value.

Drawing upon his experience of health and social care law, Matthew regularly acts on behalf of employees, service users, detainees and members of the public who are injured in connection with nursing, community care and mental health provision.

Matthew has experience of inquests (particularly those with juries arising from death at work) and the sensitive, effective conduct of fatal accident and dependency claims.

Matthew also undertakes clinical negligence, disease litigation and professional negligence claims arising out of the conduct of personal injury matters.

Representative Cases:
Evans v. Cig Mon Cymru Ltd [2008] EWCA Civ 390; [2008] 1 WLR 2675; [2008] PIQR P17

Matthew acted for the successful appellant in a second-tier procedural appeal concerning points of general public importance (about permissible amendments to statements of case and the proper application of CPR Parts 17.1 and 17.4) applicable to all civil litigation
Threlfall v. Hull City Council [2010] EWCA Civ 1147; [2011] ICR 209; [2011] PIQR P3; Times, March 4, 2011

Matthew acted for the successful appellant (with James Rowley QC) in a second-tier substantive appeal concerning employer obligations. The Court gave far-reaching guidance about the correct approach to the Personal Protective Equipment at Work Regulations 1992 reg.4 and reg.6 with particular emphasis on how to determine whether personal protective equipment was "suitable".
Uren v. Corporate Leisure (UK) Ltd [2011] EWCA Civ 66; [2011] All ER (D) 49 (Feb)

Matthew acted for the claimant (with Sir Geoffrey Nice QC) in his successful appeal against dismissal of his claim for damages following catastrophic injury (paraplegia) suffered during a negligently organised MOD Health & Fun day. The Court confirmed that the duty to undertake a risk assessment was closely related to the common law duties of the employer and was non-delegable.
Fox v Foundation Piling Ltd [2011] EWCA Civ 790

Matthew acted for the claimant in his successful appeal against the making of an adverse costs order following compromise of a protracted employer’s liability claim. The Court of Appeal gave important guidance on the correct approach to CPR Parts 36 and 44.3.

At an interlocutory stage, the Court of Appeal also gave guidance on the destination of costs appeals and the meaning of a ‘final order’ for these purposes (under the name of Thorne v Courtier & Ors [2011] EWCA Civ 104).

Relevant Memberships:
APIL – Executive Committee (2007 to date)
Journal of Personal Injury Law (Sweet & Maxwell Publishing) – Editorial Board Member (2008 to date)
PIBA
PNBA

Recommendations:
Matthew is recommended for “high value, complex PI and clinical negligence claims” - Legal 500 (2011 Edition)

Public/Administrative Law

Whether local authority assessments have been appropriately carried out and/or are being adequately implemented.

Eligibility Decisions/Reviews

Whether finance or other factors have properly been taken into account when adopting or refusing a particular service or package or when making changes to generic criteria.
Welfare Declarations (now Court of Protection jurisdiction) and POVA matters

Whether a particular care package (typically surrounding issues of long-term residence and/or family contact) is in the best interests of an incapable adult and other safeguarding issues.
Liability Adjudications

Whether the costs of a package are to be paid by one authority or another (so called “Ordinary Residence” disputes) or by a health trust (so called "Coughlan" disputes).

Matthew also has broad experience in the field of education law (at primary, secondary and tertiary level), with particular expertise in the following areas:
School discipline and exclusions
Admission arrangements and appeals
Special Educational Needs, Learning Disability and associated provision
Damages claims arising from educational provision

Matthew also regularly receives instructions in the areas of data protection/freedom of information, disability discrimination, housing, recoupment (fraud and mistaken payments etc) and in respect of contractual disputes.

Matthew offers specialist training and seminars within his core areas of public law practice to assist with contentious areas and legislative changes.

Representative cases:
R (J) v. Chief Constable of Cheshire Police [2005] EWHC 2457 (Admin); Times, Nov. 4, 2005 Matthew acted for the successful applicant for judicial review in a case of general public importance clarifying police powers under Pedlars Act 1871
R (Culkin) v. Wirral Independent Appeal Panel [2009] EWHC 868 (Admin); [2009] All ER (D) 216 (Apr); [2009] ELR 287 Matthew successfully resisted a JR claim arising from the Claimant’s permanent exclusion. The claim involved numerous allegations of procedural unfairness and bias.

Relevant Memberships:
Constitutional & Administrative Law Bar Association (ALBA)
Northern Administrative Law Association (NALA) - Secretary (2008) and Founding Member
 

Clinical Negligence