Personal Injury
Colleen has a broad personal injury practice, accepting instructions to advise and draft pleadings on behalf of both claimants and defendants in a wide variety of cases. She is also frequently instructed in personal injury trials, as well as in application hearings and CCMCs.
Colleen’s recent work includes:
General
- Succeeding in an application to resile from a pre-action admission of liability on the basis of the Claimant having initially reported and pleaded an incorrect accident date.
- Obtaining a costs order against a claimant’s solicitors due to their delays in obtaining and disclosing medical reports. The Judge also made an unless order providing that unless finalised medical evidence was obtained and disclosed within three weeks, the claim would be struck out.
- Successfully resisting an application for further expert medical evidence, specifically a report in relation to “clinically significant psychological symptoms” not addressed in existing medical reports. Colleen obtained costs against the claimant.
- Successfully appearing in an application and directions hearing in the High Court in a multi-track personal injury case valued in the six figures. Matters included the appropriateness of a liability split, and amendments of directions to trial following an admission of primary liability.
- Representing the defendant at a CCMC and succeeding in reducing the claimant’s costs budget by almost 50%.
- Obtaining a costs order against a claimant’s solicitors due to inadequate preparation for a CCMC in an industrial disease claim, most notably an inappropriate proposed direction in relation to Part 18 requests and a failure to adequately consider the need for expert evidence.
Claims brought under the Defective Premises Act 1972
- Settling the Defence and Counter-Schedule on behalf of a housing association in a claim brought under the Defective Premises Act 1972. Issues included whether the landlord had been put on notice of a defective boundary wall which ultimately fell on the tenant.
- Settling the Defence on behalf of a housing association in a claim brought under the Defective Premises Act 1972 following a tenant tripping due to defective floor tiling. While the housing association had inspected the tiling prior to the accident and photographed the defect, Colleen argued that the defect was not to the degree that any (immediate) remedial works had been required.
- Successfully resisting an application made on the day of trial to amend the pleadings in a claim brought under the Occupiers’ Liability Act 1957 to instead bring the claim under the Defective Premises Act 1972 upon Colleen raising at the outset of the trial that the claim was bad in law.
Employers’ Liability
- Securing dismissal of a claim against an employer for failure to adequately risk assess or provide adequate training in relation to the task of raising/lowering a rhino post in a car dealership forecourt. Colleen successfully argued that the task was so straightforward that it did not merit risk assessment or specific training beyond general instruction.
- Settling the Defence on behalf of a principal building contractor who allegedly provided its sub-contractor with faulty equipment, specifically a faulty slab lifter, which lost power, causing a concrete slab to fall onto an employee’s hand.
- Settling the Defence and Counter-Schedule on behalf of a venue in a claim brought by an employee for serious injuries suffered during a fall down a staircase. The claim, pleaded at over a quarter of a million pounds, largely related to loss of future earnings and loss of congenial employment on the basis of the serious injuries suffered allegedly preventing the Claimant from pursuing a career as a beauty therapist.
- Settling the Defence and Counter-Schedule on behalf of a manufacturer in a claim brought by a former employee for alleged failings to provide adequate training in the use of allegedly dangerous tools, resulting in permanent scarring.
- Settling the Defence and Counter-Schedule in a claim for alleged failings on the part of a care home to arrange repairs to an allegedly defective lift or to adequately warn its employees of the danger. The claim was brought by an employee who had an accident which resulted in personal injuries and significant loss of earnings.
Occupiers’ Liability
- Advising a claimant in relation to prosects of success against an occupier of a venue following injuries suffered in a sporting context, specifically the issue of obvious risk when participating in a dangerous activity, namely bouldering.
- Settling the Defence and Counter-Schedule on behalf of the occupier of one of the largest membrane electrolysis units in Europe. A visitor to the site sustained personal injuries allegedly as a result of inadequate risk assessment and warnings on site.
- Settling the Defence on behalf of a company hosting bingo events at various premises around the country. Colleen pleaded that the claimant, who had suffered personal injuries at one such event, had no basis for a claim against the company as the contractual agreement between the company and the premises clearly reflected the company not being an occupier of the premises.
- Settling the Defence and Counter-Schedule on behalf of a restaurant in a claim brought under the Occupiers’ Liability Act 1957. While liability was admitted, complex issues arose in relation to medical diagnosis, causation, and prognosis due to significant relevant medical history and a similar unrelated accident occurring shortly after the index accident.
- Obtaining dismissal of a claim for personal injuries brought under the Occupiers’ Liability Act 1957 on the basis that the second defendant was a landlord and the legislation did not apply in the circumstances of the case.
Food Contamination and Allergies
- Settling the Defence and Counter-Schedule on behalf of a well-known chain of hotels in a claim in which a hotel guest suffered a serious anaphylactic shock after allegedly being given incorrect information in relation to the allergens contained in a complimentary food product.
Road Traffic Accidents
- Advising a passenger who had suffered injuries due to a black cab driver pulling away from a stationary position before the passenger was seated. Particular issues arose due to disclosed Strava data revealing inconsistencies in relation to the passenger’s reporting of his injuries to the instructed medico-legal expert.
- Obtaining a finding of fundamental dishonesty following a causation and quantum trial. Following extensive cross-examination, Colleen submitted that the Claimant had not suffered any personal injuries in a road traffic accident notwithstanding a medical report in support of his alleged injuries and the defendant not having obtained any medical evidence. Colleen achieved a costs award in favour of the defendant following the disapplication of QOCS.
Historic Abuse / Claims Against Local Authorities
- Advising a claimant in relation to prospects and next steps in a High Court case concerning historic sexual abuse/assault while the claimant was a looked-after child. Advice included the operation of s. 33 of the Limitation Act 1980.
- Advising a claimant in respect of prospective proceedings against a school and/or a local authority and/or the police in respect of a failure to protect a child from harassment, bullying, physical violence, and sexual violence, causing psychological harm.
Other
- Securing strike out of a claim against a well-known chain of pharmacies for psychiatric injuries alleged to have been caused by a delay in providing medicine to the claimant. Colleen achieved a costs award in favour of the defendant following the disapplication of QOCS.
Colleen is a member of the Personal Injury Bar Association (PIBA).
Selected Cases
View full profile »Awards
- Dean’s Award for Best Academic Performance in MA Law (Conversion)
- Inner Temple Duke of Edinburgh Entrance Award
- Inner Temple Major Scholarship
- Inner Temple Exhibition Scholarship
- Winner of the Aqeel H. Noorali Moot Cup
- Winner of the Oxford Bar Society Non-Law Moot
- Winner of the 2 Hare Court Mock Trial
- Various Collections Prizes from Oriel College, University of Oxford
News
- Members of Crown Office Chambers recognised for their Pro Bono work
- Crown Office Chambers welcomes two new tenants
Events
Blogs
Qualifications
- BA French and German (First Class), University of Oxford
- MA Law (Conversion) (Distinction), University of Law
- LLM Master of Laws (Distinction), University of Law
Memberships
- Commercial Bar Association (COMBAR)
- Technology and Construction Bar Association (TECBAR)
- The Society of Construction Law (SCL)
- Professional Negligence Bar Association (PNBA)
- London Common Law & Commercial Bar Association (LCLCBA)
- Young International Arbitration Group (YIAG)
- Personal Injury Bar Association (PIBA)
