David Platt KC

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 KC, 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).

News

• Abbott & Ors v. Ministry of Defence [2022] EWHC 1807 (QB): bulk claim form impermissible
• Applications to set aside judgment are not to be seen as relief from sanction cases. The Denton test does not apply

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Articles

• Abbott & Ors v. Ministry of Defence [2022] EWHC 1807 (QB): bulk claim form impermissible
• Applications to set aside judgment are not to be seen as relief from sanction cases. The Denton test does not apply

Events

• Defendant Personal Injury Seminar & Drinks – Manchester

Qualifications

• MA (Law) Trinity Hall, Cambridge (scholar)

Memberships

• London Common Law & Commercial Bar Association
• Personal Injuries Bar Association
• Professional Negligence Bar Association