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Bradley John-Davis

Call 2022

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, often representing local authorities or care homes.

Examples of his work include:

  • 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 care home at an inquest into the death of an elderly resident who choked on food.
  • 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

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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

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