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David Platt KC

Call 1987 • KC 2011

"One of the best QCs of his generation."
(Chambers & Partners)

David Platt KC specialises in occupational disease, personal injury, insurance, health and safety, sports, abuse and inquest work. He also specialises in group litigation.  He undertakes most forms of common law, environmental work and employment related claims.

His occupational disease practice involves all aspects of asbestos litigation, stress at work, NIHL claims, upper limb disorder litigation, asthma, dermatitis, VWF, cancer, COSHH and now Covid-19 claims. He also is regularly instructed in abuse claims involving local authorities and sports bodies. He has been involved in emerging litigation areas such as pilot and aircrew aerotoxicity, concussive sports and neurological claims, passive smoking, DVT, and toxic mould litigation.  This often involves difficult questions over the boundaries of medical knowledge and the detailed analysis of epidemiology.

He also undertakes all aspects of personal injury work (including sports, harassment and related claims) and acts for both claimants and defendants. This often involves injuries of utmost severity, construction-related injury claims and major disaster claims. He has been frequently instructed in Channel Islands litigation and on the Isle of Man.

David is regularly instructed in group litigation (both disease and more conventional personal injury) and is rated in Chambers & Partners as an expert in this area.

He undertakes a wide range of health and safety and inquest work. Often this is linked to his disease and personal injury practice given his experience in industrial accidents, asbestos, hazardous substances and fatal claims. Clients value the integrated service which he can therefore provide.

He is also heavily involved in insurance work, particularly that linked to his main areas of practice. He was instructed in the group EL “Trigger” litigation involving mesothelioma claims and has wide experience in EL, PL and general policy construction.

He is recognised as a “leading silk” in all the major legal directories in both Personal Injury, Industrial Disease and Group Litigation. He was nominated for the 2020 Personal Injury Silk of the Year award by The Legal 500 and is top tier rated in this directory.

Industrial Disease

David specialises in all forms of industrial and occupational disease, in particular: all types of asbestos cases (described as “brilliant on asbestos claims” in the Legal 500), stress and harassment at work, abuse cases, NIHL and cancer claims, upper limb disorder litigation, asthma, dermatitis, VWF, and COSHH claims. He undertakes discrimination related claims, and associated disputes involving the Employment Tribunal.

He has been involved in emerging litigation areas such as aircrew and pilot “aerotoxicity” claims, Covid-19 claims, passive smoking, DVT, concussive sports claims and toxic mould litigation.  He has had wide involvement in technical and complex medical matters, including the use and analysis of epidemiology.

His abuse work involves claims against local authorities and individual private sector organisations.

He is highly experienced in group litigation and is currently instructed in the Military Deafness Litigation, the Aerotoxicity Litigation and the British Steel Coke Oven Workers Litigation (GLO). He is rated in Chambers & Partners as an expert in this area.

He undertakes all aspects of personal injury work and acts for both claimants and defendants. This often involves injuries of utmost severity and other catastrophic claims (please see the section on personal injury for more information).

As a former broadcaster for the BBC, he has undertaken litigation work for both ITN and the BBC in several high profile media injury claims.

He is frequently consulted in personal injury and other common law claims in the Channel Islands and has very considerable experience of Jersey and Guernsey procedure and litigation. This has frequently involved issues related to discount rates for future loss. He often travels to the Islands for conferences and mediations. He has also been instructed on claims in the Isle of Man.

He also specialises in associated Health & Safety work, and acts in both the crown and magistrates courts and at major inquests. He has undertaken a number of major inquests arising from disease claims (e.g. asbestos, aerotoxicity and other forms of toxic fatalities) and a large number of other cases in a variety of contexts. He regularly appears in linked environmental prosecutions and pollution claims and in both the civil and criminal aspects of such cases. As a strong forensic performer, he is a natural jury advocate.

He is rated in all the major Directories as a leading silk in this field. He was nominated for the 2020 Personal Injury Silk of the Year award by The Legal 500.

Selected Cases

  • The Military Deafness Litigation: Turner/Abbott & Others v Ministry of Defence [2019-2023].  Instructed by MoD in ongoing group NIHL claims brought by some 4,000 former and current service personnel against the MoD. The claims are for alleged noise damage whilst in training and on active service in a variety of theatres over several decades. A summary of the recent decision in Abbott v MoD [2022] EWHC 1807 (QB) on the need to issue individual claim forms in group litigation can be found here
  • C. v Richmond Borough Council[2022] 5 WLUK 99 (6.5.22, Dexter Dias QC, sitting as a Deputy High Court Judge).  Landmark case on the test for setting aside judgment in default (mesothelioma claim).  See case summary here
  • Collective Aerotoxicity Litigation [2023, ongoing]– Instructed by BA and other airlines in leading claims by air crew for “aerotoxic” or neurological injury caused by organophosphates in cabin air. See also decision at [2020] EWHC 543 (QB).
  • Bannister v Freemans Plc [2020] EWHC 1256 (QB).  Landmark judgment on low exposure claims, de minimis concepts and materiality in asbestos litigation. Judgment here. The Claimant’s application for permission to appeal was refused by the trial judge [2020] EWHC 1625 (QB)–  judgment here. The application before the Court of Appeal was likewise refused.
  • British Steel Coke Oven Workers GLO (Hutson v TATA Steel) [2016-2022] EWHC 1608; [2018] EWHC 107; [2017] EWHC 2647; [2016] EWHC 3031-Major group litigation involving large numbers of cancer and respiratory claims against the former British Steel.
  • Goldscheider v Royal Opera House [2019] EWCA Civ 711; [2018] EWHC 687:High profile noise claim against the Royal Opera involving an allegation of “acoustic shock” by an orchestra member. Appeal to Court of Appeal succeeded in part.
  • Clements Smith v Berrymans Lace Mawer [2019] EWHC 1904 (QB). Precedent judgment on the entry of judgment in default of defence (on appeal).
  • X Children v Minister for Health and Social Services [2016-2018]Royal Court of Jersey.  Major child abuse litigation involving a consideration of very substantial future care losses on an enhanced Helmot v Simon discount rate.  Largest PI claim ever to be heard in a Court in British Isles.
  • McGowan v AMEC [2017] WL 02212899,Manchester High Court, Andrews J – Mesothelioma and evidential inferences.
  • Heneghan v Manchester Dry Docks & Others [2016] 1 W.L.R. 2036– Court of Appeal affirmed the first instance judgment of Jay J. on causation and damages in asbestos-induced lung cancer claims and gave definitive guidance in this area.
  • Humphrey v Aegis Defence Services [2017] 1 W.L.R. 2937– Claim arising from activities in Iraq and the application of a “desirable activity” defence under the Compensation Act 2006.
  • Ross v Lyjon [2016]– Leading first instance claim on latency and causation in Noise Induced Hearing Loss claims.
  • Sloper v Lloyds Bank [2016]EWHC 483 (Spencer J) – A complex mesothelioma claim where Lloyds Bank were successful in defending allegations of asbestos exposure at their branches.
  • Yapp v Foreign Office [2015] I.R.L.R. 112(Contract, Employment & Personal Injury) – In overturning an award of damages for psychiatric injury, the Court of Appeal gave detailed advice on claims for breach of contract and personal injury.
  • Yoxall v Moore [2015]– Discount rate and catastrophic personal injury.  Instructed as advisory counsel to Isle of Man advocates for the Defendant on the appropriate discount rate to be applied on the Island.  The Defendant was successful in resisting a move to a negative common law rate.
  • Siddiqui v University of Oxford & Balliol College (2015-17)– A highly unusual claim by a former undergraduate for personal injury following allegedly deficient tuition.
  • Lloyd v Humphries & Glasgow [2015] EWHC 525 (QB)– Abuse of process litigation involving successive disease claims against different defendants in different actions.
  • Collins v Secretary of State for Business and Stena Lane Ferries [2014] P.I.Q.R. P19; [2014] EWCA Civ 717(Limitation) – The leading Court of Appeal decision on the assessment of prejudice in long-tail disease claims.
  • Davidson v Aegis Defence Services (BVI) Ltd [2014] 2 All E.R. 216; [2013] EWCA Civ 1586 (Limitation) – An important appellate authority on Section 33 of the Limitation Act 1980 and its application to a personal injury claim arising from the conflict in Iraq.
  • Longthorn v NPower [2013]– HHJ Richardson (Harassment, discrimination and stress at work). A major claim for allegedly discriminatory behaviour at work failed on the facts applied to decided case law.
  • Matthew v Collins et al [2013] EWHC 2952 (QB)– Precedent judgment on tissue samples in asbestos claims.
  • Sayers v Chelwood [2013] 1 WLR 1695; [2012] EWCA Civ 1715;(Limitation & NIHL) – Leading appellate authority on burden of proof in S33 applications under Limitation Act 1980.
  • The Employers’ Liability “Trigger” Litigation [2012] 1 WLR 867; [2011] 1 PIQR P2 & [2009] Lloyd’s Rep IR 295– The major multi-party asbestos / insurance litigation. He acted at first instance before Burton J, in the Court of Appeal and in the lengthy hearing before the Supreme Court in December 2011.
  • MacLennan v Hartford Europe [2012] EWHC 346– Stress at work and Chronic Fatigue Syndrome.
  • Bristow v Barts & London NHS Trust [2010] EWHC 1969 (QB)– A substantial claim by a Consultant for serious personal injury in his own operating theatre.
  • Darg v Metropolitan Police & Venson Plc [2009] EWHC 684 (QB)– Complex Regional Pain Syndrome and credibility.
  • Williams v Jervis [2008] EWHC 2346– Subtle brain injury.
  • Majrowski v Guys & St. Thomas’ NHS Trust [2006] UKHL 34– The leading case on statutory harassment under the 1997 Harassment Act. Majrowski also dealt with important issues of vicarious liability); House of Lords [2007] 1 AC 224; Court of Appeal reported at [2005] QB 848; [2005] 2 WLR 1503.
  • Hartman v South Essex Mental Health Trust et al[2005] ICR 782 (group stress at work litigation).

Personal Injury

David undertakes all aspects of personal injury work and acts for both claimants and defendants. This often involves injuries of utmost severity, construction-related cases, sports claims, road traffic claims and other catastrophic litigation.  This usually involves difficult issues on breach of duty and quantum.

He has had wide involvement in technical and complex medical matters, including the use of epidemiology.  He has considerable experience in claims for “subtle brain injury” and other neurological disputes. He frequently deals with psychiatric claims and all forms of somatic disorders. He has been instructed in major rail crash litigation (Ladbroke Grove) and in other disaster litigation (such as the Battersea Crane Collapse). He also specialises in local authority and police liability. Related product liability work is undertaken.

He is recognised for his considerable experience in all forms of industrial and occupational disease, in particular: all types of asbestos cases (described as “brilliant on asbestos claims” in the Legal 500), stress and harassment at work, abuse cases, NIHL and cancer claims, upper limb disorder litigation, asthma, dermatitis, VWF, and COSHH claims and now Covid-19 claims. He undertakes discrimination related claims, and associated disputes involving the Employment Tribunal.

His abuse work involves claims against local authorities and individual private sector organisations.

He is highly experienced in group litigation and is currently instructed in the Military Deafness Litigation, the Aerotoxicity Litigation and the British Steel Coke Oven Workers Litigation (GLO). He is rated in Chambers & Partners as an expert in this area.

As a former broadcaster for the BBC, he has undertaken litigation work for both ITN and the BBC in several high profile media injury claims.

He is frequently consulted in personal injury and other common law claims in the Channel Islands and has considerable experience of Jersey and Guernsey procedure and litigation. This has frequently involved issues related to discount rates for future loss. He often travels to the Islands for conferences and mediations. He has also been instructed on claims in the Isle of Man.

He is rated in all the major Directories as a leading silk in this field. He was nominated for the 2020 Personal Injury Silk of the Year award by The Legal 500.

Selected Cases

  • Corbin v Dorynek & Flath [2022] JRC 238; [2022] JRC 047; Royal Court in Jersey (ongoing). Major personal injury claim which occurred as a result of a collision at sea between a speedboat and a jetski involving issues over liability, quantum and the application of the Jersey Shipping Act (and any interaction with UK law).
  • The Military Deafness Litigation: Turner/Abbott & Others v Ministry of Defence [2019-2023].  Instructed by MoD in ongoing group NIHL claims brought by some 4,000 former and current service personnel against the MoD. The claims are for alleged noise damage whilst in training and on active service in a variety of theatres over several decades. A summary of the recent decision in Abbott v MoD [2022] EWHC 1807 (QB) on the need to issue individual claim forms in group litigation can be found here
  • C. v Richmond Borough Council[2022] 5 WLUK 99 (6.5.22, Dexter Dias QC, sitting as a Deputy High Court Judge).  Landmark case on the test for setting aside judgment in default.  See case summary here
  • Collective Aerotoxicity Litigation [2023, ongoing]– Instructed by BA and other airlines in leading claims by air crew for “aerotoxic” or neurological injury caused by organophosphates in cabin air. See also decision at [2020] EWHC 543 (QB).
  • Padararu -v- (1) Trenchco Ltd & (2) Grangewood Builders Ltd; [QBD 2019-2021]. Multi-party construction site claim where the Claimant suffered a severe brain injury and a spinal cord injury resulting in complete paraplegia.  The contractors joined in various professional advisers as additional parties.  Major issues on breach of duty and on quantum arose.
  • Newman v (1) Wayne Rafael De Freitas De Lima (2) Motor Insurers Bureau (2021). Royal Court of Jersey.  Catastrophic road traffic accident, where the uninsured defendant driver crashed into the Claimant driver at high speed. The Claimant (who was 21) was rendered tetraplegic and minimally conscious.  Major issues on quantum.
  • Bannister v Freemans Plc [2020] EWHC 1256 (QB).  Landmark judgment on low exposure claims, de minimis concepts and materiality in asbestos litigation. Judgment here. The Claimant’s application for permission to appeal was refused by the trial judge [2020] EWHC 1625 (QB)–  judgment here. The application before the Court of Appeal was likewise refused.
  • Goldscheider v Royal Opera House [2019] EWCA Civ 711; [2018] EWHC 687:High profile noise claim against the Royal Opera involving an allegation of “acoustic shock” by an orchestra member. Appeal to Court of Appeal succeeded in part.
  • British Steel Coke Oven Workers GLO (Hutson v TATA Steel) [2016-2021] EWHC 1608;  [2018] EWHC 107; [2017] EWHC 2647; [2016] EWHC 3031-Major group litigation involving large numbers of cancer and respiratory claims against the former British Steel.
  • Clements Smith v Berrymans Lace Mawer [2019] EWHC 1904 (QB). Precedent judgment on the entry of judgment in default of defence (on appeal).
  • X Children v Minister for Health and Social Services [2016-2018]Royal Court of Jersey.  Major child abuse litigation involving a consideration of very substantial future care losses on an enhanced Helmot v Simon discount rate.  Largest PI claim ever to be heard in a Court in British Isles.
  • McGowan v AMEC [2017] WL 02212899,Manchester High Court, Andrews J – Mesothelioma and evidential inferences.
  • Heneghan v Manchester Dry Docks & Others [2016] 1 W.L.R. 2036– Court of Appeal affirmed the first instance judgment of Jay J. on causation and damages in asbestos-induced lung cancer claims and gave definitive guidance in this area.
  • Humphrey v Aegis Defence Services [2017] 1 W.L.R. 2937– Claim arising from activities in Iraq and the application of a “desirable activity” defence under the Compensation Act 2006.
  • Ross v Lyjon [2016]– Leading first instance claim on latency and causation in Noise Induced Hearing Loss claims.
  • Sloper v Lloyds Bank [2016]EWHC 483 (Spencer J) – A complex mesothelioma claim where Lloyds Bank were successful in defending allegations of asbestos exposure at their branches.
  • Yapp v Foreign Office [2015] I.R.L.R. 112(Contract, Employment & Personal Injury) – In overturning an award of damages for psychiatric injury, the Court of Appeal gave detailed advice on claims for breach of contract and personal injury.
  • Yoxall v Moore [2015]– Discount rate and catastrophic personal injury.  Instructed as advisory counsel to Isle of Man advocates for the Defendant on the appropriate discount rate to be applied on the Island.  The Defendant was successful in resisting a move to a negative common law rate.
  • Siddiqui v University of Oxford & Balliol College (2015-17)– A highly unusual claim by a former undergraduate for personal injury following allegedly deficient tuition.
  • Lloyd v Humphries & Glasgow [2015] EWHC 525 (QB)– Abuse of process litigation involving successive disease claims against different defendants in different actions.
  • Collins v Secretary of State for Business and Stena Lane Ferries [2014] P.I.Q.R. P19; [2014] EWCA Civ 717(Limitation) – The leading Court of Appeal decision on the assessment of prejudice in long-tail disease claims.
  • Davidson v Aegis Defence Services (BVI) Ltd [2014] 2 All E.R. 216; [2013] EWCA Civ 1586 (Limitation) – An important appellate authority on Section 33 of the Limitation Act 1980 and its application to a personal injury claim arising from the conflict in Iraq.
  • Longthorn v NPower [2013]– HHJ Richardson (Harassment, discrimination and stress at work). A major claim for allegedly discriminatory behaviour at work failed on the facts applied to decided case law.
  • Matthew v Collins et al [2013] EWHC 2952 (QB)– Precedent judgment on tissue samples in asbestos claims.
  • Sayers v Chelwood [2013] 1 WLR 1695; [2012] EWCA Civ 1715;(Limitation & NIHL) – Leading appellate authority on burden of proof in S33 applications under Limitation Act 1980.
  • The Employers’ Liability “Trigger” Litigation [2012] 1 WLR 867; [2011] 1 PIQR P2 & [2009] Lloyd’s Rep IR 295– The major multi-party asbestos / insurance litigation. He acted at first instance before Burton J, in the Court of Appeal and in the lengthy hearing before the Supreme Court in December 2011.
  • MacLennan v Hartford Europe [2012] EWHC 346– Stress at work and Chronic Fatigue Syndrome.
  • Bristow v Barts & London NHS Trust [2010] EWHC 1969 (QB)– A substantial claim by a Consultant for serious personal injury in his own operating theatre.
  • Darg v Metropolitan Police & Venson Plc [2009] EWHC 684 (QB)– Complex Regional Pain Syndrome and credibility.
  • Williams v Jervis [2008] EWHC 2346– Subtle brain injury.
  • Majrowski v Guys & St. Thomas’ NHS Trust [2006] UKHL 34– The leading case on statutory harassment under the 1997 Harassment Act. Majrowski also dealt with important issues of vicarious liability); House of Lords [2007] 1 AC 224; Court of Appeal reported at [2005] QB 848; [2005] 2 WLR 1503.
  • Hartman v South Essex Mental Health Trust et al[2005] ICR 782 (group stress at work litigation).

Insurance & Reinsurance

David has been instructed in many policy construction and contested indemnity cases. He undertakes a wide range of PL and EL related policy work, particularly where integrated with other areas of expertise (such as disease litigation).

Originally rated as a “New Silk” in Insurance work by Legal 500 (2011/12).

Selected Cases

  • Recently instructed in the PL “Trigger” Litigation, Weyer v Riverstone Insurance UK [2022-3]
  • Instructed in the group EL “Trigger” litigation involving mesothelioma claims and historic EL policies: The Employers’ Liability “Trigger” Litigation [2012] 1 WLR 867; [2011] 1 PIQR P2 and [2009] Lloyd’s Rep IR 295.
  • Acted for insurers in Blanchard v Kiln & Well Operations UK Limited (2011) CLCC, in which the Court was asked to give a precedent judgment on marine diving insurance.
  • Appeared in a number of major fire claims e.g. Cornhill Insurance v Stamp Felt Roofing, [2002] Lloyd’s Rep IR 648, Court of Appeal (policy construction / insurance).
  • Ferngold Plant Hire v Wenham [2000] CL 1474, LTL 13/3/2000 (CA).
  • Ferngold Plant Hire v Crowe Underwriting Services Ltd (CA).

Inquests & Public Inquiries

Inquests

David undertakes a wide range of Inquest work. Often this is linked to his disease and personal injury practice given his experience in industrial accidents, asbestos, hazardous substances and fatal claims. Clients value the integrated service which he can therefore provide.

These cases have involved fatalities arising from alleged “aerotoxic poisoning”, liquid nitrogen, industrial accidents, construction fatalities and all forms of inquest arising from an employment or public context.

Public Inquiries

David has been instructed in a large number of major public inquiries, in particular relating to non-domestic local authority planning. He has appeared in inquiries involving large waste applications (both incinerator and landfill operations), mineral applications, strategic manufacturing operations, together with both highway and local plan inquiries. Many of these were for Kent County Council.

Selected Cases

  • Re Anne Spindler [2022].  Inquest into the death of a former teacher who allegedly developed mesothelioma as a consequence of asbestos exposure.  The family unsuccessfully sought to argue for an Art 2 Inquest.
  • Re Matthew Bass Deceased [2018].  Inquest into the death of a BA member of staff raising further possible issues over aerotoxicity
  • Re Richard Westgate [2017] – High profile Inquest into alleged death of a BA pilot from so-called “aerotoxic syndrome”.
  • Callagher Inquest [2016] – High profile food poisoning and clinical negligence.
  • Chelsea & Westminster Hospital Bowen Inquest [2016–17] – Scientist found dead in a laboratory working with liquid nitrogen.
  • M25 Beaconsfield Crane Collapse Inquest [2014] – Fatality following a crane collapse across the M25 motorway leading to a lengthy inquest and prospective prosecution.

Sports Law

David undertakes all aspects of personal injury related sports work and has advised a number of sports bodies and governing organisations (frequently on a confidential basis) on matters related to injury, disease and sexual abuse claims.  Often these cases have the potential to form class actions or precedent litigation.  This includes claims arising from allegations of concussive or long-term neurological injury.

He has considerable general experience in group litigation and is rated in Chambers and Partners as an expert in this area (cf recently the MoD Military Deafness Claims [2020-23], the Collective Aerotoxicity Litigation [2023, ongoing]; the CDSS Group Litigation [2022] and the British Steel Coke Oven Workers GLO (Hutson v TATA Steel) [2022].

He has advised both on the existence of duties of care (when sought to be imposed on sports bodies) and on the appropriate standard of care.  He also undertakes more straightforward injury claims, particularly in professional football, where damages have the potential to be very substantial.  Again, he is often retained on a confidential basis.

His background in all forms of industrial and occupational disease gives him very extensive experience in neurological, epidemiological, toxicological and orthopaedic matters and he is well accustomed to working with large teams of litigation and medico-legal professionals.

His abuse work has historically involved claims against both local authorities and individual private sector organisations.

As a former broadcaster for the BBC, he has undertaken litigation work for both the BBC and ITN in several high profile media injury claims.

He is frequently consulted in personal injury and other common law claims in the Channel Islands and has considerable experience of Jersey and Guernsey procedure and litigation.

He is rated in all the major Directories as a leading silk in both personal injury, occupational disease and group litigation. He was nominated for the 2020 “Personal Injury Silk of the Year” award by The Legal 500.

Criminal Regulatory & Environmental

Health & Safety

David undertakes a wide range of health and safety work. Often this is linked to his disease and personal injury practice given his experience in industrial accidents, asbestos, hazardous substances and COSHH claims. Clients value the integrated service which he can therefore provide.

These cases have involved fatalities arising from alleged “aerotoxic poisoning”, liquid nitrogen, industrial accidents and all forms of injury arising in an employment or public context.

He acts in both the Crown and Magistrates Courts and at major Inquests.

Given his experience in environmental and pollution matters, he appears in linked prosecutions and pollution claims and in both the civil and criminal aspects of such cases. He has considerable experience of water pollution claims against the Environment Agency.

Environmental

David has been involved in environmental matters for many years. He has been instructed in a large number of major public inquiries, in particular relating to non-domestic local authority planning. He has appeared in inquiries involving large waste applications (both incinerator and landfill operations), mineral applications, strategic manufacturing operations, together with both highway and local plan inquiries. Many of these were for Kent County Council.

He also undertakes general tortious pollution claims, in particular oil and other hazardous substance spillage claims. He has also wide experience of water pollution claims, both in a criminal and civil context. He is frequently instructed in nuisance claims.

Selected Cases

  • Re Richard Westgate; Re Matthew Bass [2017] – High profile Inquests into alleged death of a BA pilot from so-called “aerotoxic syndrome”.
  • HSE v Street Crane Co [2017] – HSE prosecution for alleged workplace contractions of HAVS by a number of employees.
  • Callagher Inquest [2016] – Food poisoning and clinical negligence.
  • Chelsea & Westminster Hospital Bowen Inquest and prosecution [2016-17] – Scientist found dead in a laboratory working with liquid nitrogen.
  • M25 Beaconsfield Crane Collapse [2014] – Fatality following a crane collapse across the M25 motorway leading to a lengthy inquest and prospective prosecution.
  • Odedra v Ball [2012] EWHC 1790 (TCC) – The Court considered issues of privilege and the obligations governing disclosure of expert evidence in a pollution claim.
  • EA v NB Real Estate – Water pollution claim.
  • EA v Quill International – Water pollution claim.

Clinical Negligence

David has been involved in a wide range of Clinical Negligence matters, in particular orthopaedic, spinal and emergency cases. He also undertakes dental and ophthalmic negligence disputes.

Related product liability claims are also undertaken.

Professional Liability

Legal Professional Negligence

He undertakes both solicitors and barristers’ negligence claims and has been instructed by the Bar Mutual Indemnity Fund. He is frequently instructed in professional negligence claims involving underlying personal injury claims.

Surveyors’ Negligence

He has considerable experience of residential surveying claims, and has drafted the standard exclusion clauses for the Architects and Surveyors’ Institute. He appeared in the lead case of Smith v Eric S. Bush; Harris v Wyre Forest District Council [1989] 2 WLR 790, House of Lords.

He also undertakes claims involving architects, insurance brokers and accountants.

Recommendations


“He is the stand-out silk in disease litigation and the one to go to for complex or leading issues.”….. “He has a huge capacity to absorb details of a case and a proper academic understanding of quite difficult issues that arise.”

Chambers & Partners, 2024

“One of the best disease silks in the country. Provides clear and analytical advice. He understands the broader commercial realities.”

Chambers & Partners, 2024

‘David is a Rolls Royce of a silk. Excellent robust and no-nonsense advice.’

Legal 500, 2024

“He is an incredibly intelligent person who offers logical advice. He is pragmatic, down to earth and very effective.”

Chambers & Partners, 2022

“David is without doubt the finest silk in practice in respect of his asbestos work.”

Legal 500, 2022

“Superb to work with – the advice he provides is clear, commercially sensible and tactically astute.”

Chambers & Partners, 2022

“He is a very good advocate who is always on top of his game and is well respected by both clients and opponents.” “He is bright, enthusiastic and extremely experienced in high-level disease cases.”

Chambers & Partners, 2021

“A real expert when it comes to dealing with complex medical and scientific issues and handling multiple experts on these issues.”

Legal 500, 2021

“A top-quality barrister who really knows his area.”; “He’s a very impressive advocate and has a good head for complex issues.”

Chambers & Partners, 2020

“Always immaculately prepared, demonstrating mastery of the papers. He has a prodigious intellect and is also highly personable and approachable. He understands the value of relationships.”

Chambers & Partners, 2018

“His courtroom manner is confident. He presents the arguments in a clear and logical fashion.”

Chambers & Partners, 2018

“He never wastes a word and just instinctively knows what the pressure points are for a judge.”

Chambers & Partners, 2016


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