Personal Injury, Clinical Negligence and Inquests
During pupillage seats first with David Myhill and later with Helen Pagett and Jack Macaulay, Bradley was exposed to a wide range of clinical negligence and personal injury claims, including claims with an element of fraud and/or fundamental dishonesty. He is now regularly instructed to defend personal injury claims, whether they arise in the context of road traffic accidents, public liability or employer liability. He is also regularly instructed to appear at inquests on behalf of local authorities and care homes.
Examples of his work include:
- Securing a finding of fundamental dishonesty and a cost order against a claimant for exaggeration of his injuries in a liability-admitted low-speed vehicle incident in which a wheel, which had been inadequately tightened by the Defendant company, came off whilst the vehicle went around a roundabout.
- Drafting a defence for a major global retailer in a claim brought by a self-employed delivery driver for injuries allegedly sustained when she was attacked by a dog at a property whilst making a delivery.
- Representing the Defendant to a claim for credit hire and for personal injury, securing adjournment on the day of trial in order for an application to be made by the Defendant to amend its Defence and to rely on expert evidence to allege that the Claimant’s driving licence was forged.
- Settling a defence on behalf of the operator of a venue in which a claimant alleged that she slipped on an unknown liquid during a party.
- Drafting a defence for a major global retailer in respect of a tripping accident which occurred whilst the Claimant was at work in the Defendant’s warehouse.
- At a County Court trial, successfully securing summary dismissal of a self-employed plasterer’s claim against a sub-contractor for alleged chemical burns on the grounds that his claim stood no real prospect of success.
- Advising an insurer on interim payments and settling a defence in respect of a claim against the keeper of a German shepherd dog alleged to have bitten its dog sitter and one of her family members.
- Settling a defence on behalf of a nightclub venue in a claim brought by a customer who allegedly slipped on an unidentified liquid on the floor.
- Settling a defence on behalf of a bed and breakfast in Blackpool in response to a personal injury claim brought by a Claimant who fell down the establishment’s steps.
- Advising an insurer and its local authority lay client in conference in respect of a Highways Act tripping claim.
- Advising an insurer and its client (in administration) in respect of a personal injury claim brought by a former employee who was injured when he fell from a ladder.
- Settling a defence for a contractor in respect of a personal injury claim brought by a labourer who was struck on the head by an oak beam whilst at work on a building site.
- Advising the insurer of a major high-street retailer in respect of a public liability claim brought by a claimant who alleged sustained injury when attempting to sit on a chair on display in the retailer’s furniture department.
- Advising and representing a local authority in a claim brought by two former social housing tenants in respect of damp and mould alleged to have caused the claimants personal injury.
- Advising an insurer and its insured, the owner of a small restaurant, in respect of a personal injury claim brought by a former employee, who was also a close family friend. The matter was settled on advantageous terms for the insurer and the insured following Bradley’s advice.
- Drafting defences in respect of two personal injury claims brought by two claimants in respect of the same jet-ski accident.
- Drafting an amended defence on behalf of a crane operator and its insurer in a matter involving personal injury sustained by a self-employed labourer while working on a building site.
- Advising an insurer on the prospects of its insured, a major developer of new homes, successfully defending a personal injury claim brought by the employee of a sub-contractor for injuries sustained on site.
- Advising the insurer of a major high street brand, now in administration, as to the effect of a side agreement for reimbursement on an employers’ liability policy. In one claim in particular, Bradley successfully resisted an application to add the insurer as the second defendant to a personal injury claim on the grounds that neither the Insolvency and Companies Court nor the administrator of the First Defendant had given permission for a stay imposed by operation of law under schedule 1B of the Insolvency Act 1986 to be lifted.
- Advising an insurer and its lay client, the operator of an open water swimming lake, on the prospects of successfully defending a claim brought by a client alleging to have slipped on entry to the water, sustaining injury.
- Drafting a defence and counter-schedule in a claim brought against the operator of a civic amenity site by a user of the site who allegedly tripped on a step, sustaining injury.
- Successfully defending a County Court action brought by a claimant who slipped on a wet floor in a leisure centre.
- Drafting a defence on behalf of an employer in a claim brought by a former employee in respect of an alleged hand injury sustained whilst working in the employer’s warehouse.
- Successfully defending a personal injury claim brought by the former employee of a plumbing supplies company who alleged that he had been injured when loading a boiler into a van.
- Representing a major care home provider at inquests into the deaths of various elderly residents who choked on food or died following unwitnessed falls.
- Instructed severally by a County Council to attend inquests into the deaths of elderly residents in care homes.
- Settling a defence and contribution notice in a multi-party claim in respect of an incident in which an agency worker was injured on the premises of an employer when he was struck by a vehicle driven by an uninsured driver.
- Successfully arguing that a stayed claim brought under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents should be transferred to Part 7 and its stay lifted on account of the claim’s value, delay, and prejudice to the Defendant.
- Representing a defendant sub-contractor in an application to set aside judgment entered in its absence in respect of a personal injury claim.
- Advising an insurer and its cosmetic surgeon client in respect of a claim brought by a former patient alleging personal injury.
- Instructed by NHS Resolution to draft a defence to a claim brought in respect of a total hip replacement which the Claimant alleged was not indicated and incorrectly consented.
- Drafting a defence in a claim relating to a trip and fall on a private right of way which had been wrongly brought under the Occupiers’ Liability Act 1957 (during pupillage).
- Advising an insurer on a claim brought against a construction company by a claimant purporting to suffer from HAVS, including on matters of fundamental dishonesty (during pupillage).
- Drafting a counter-schedule and giving advice on settlement parameters in case involving a delayed breast cancer diagnosis with complex issues of causation (during pupillage).
- Advising on matters of coverage in respect of an injury sustained by a casual worker assisting a defendant company with renovation work (during pupillage).
- Advising on questions of dishonest exaggeration of quantum in respect of a workplace injury claim (during pupillage).
- Drafting a without-prejudice counter-schedule for the settlement of a complex claim brought under the Fatal Accidents Act 1976 (during pupillage).
- Advising on the likelihood of success of a claim brought against a major retailer by a former employee for injuries sustained whilst working in its warehouse (during pupillage).
- Advising on quantum and settlement parameters in a complex clinical negligence claim involving questions as to the correct method for valuing the claimant’s business (during pupillage).
Selected Cases
View full profile »Awards
- Queen Mother Scholarship, Middle Temple (2020)
- Winner, Cardiff University Undergraduate/GDL Moot (2020)
- Arteaga Prize for best performance in Spanish Language & Literature, Oxford University (2004)
- Various academic scholarships, Merton College (2001-2004)
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Qualifications
- BA, Modern Languages & Literature (French & Spanish – First Class), Merton College, University of Oxford
- GDL (Distinction), Cardiff University
- BTC & LLM (Outstanding, with Distinction in LLM), Cardiff University
