Personal Injury
Edward’s practice encompasses all aspect of this area of litigation and he is regularly instructed in catastrophic injury claims. His work for both Claimants and Defendants has covered a broad spectrum of head injury and spinal injury claims including claims with associated psychological harm, chronic pain and all forms of somatic disorder. In addition, such work has regularly involved addressing related matters such as where fraud, malingering and/or fundamental dishonesty have been raised. He is familiar with the nuances and difficulties associated with addressing these issues from the inception of a claim, right through to trial and the tactics required to deliver the best outcome for the client.
He regularly represents both Claimant and Defendant in all aspects of employers’ liability and public liability claims against local authorities, NHS Trusts, sports clubs (both professional and amateur), statutory undertakers and others including all forms of workplace claims as well as road traffic accident, highway, housing disrepair and occupiers’ liability claims.
He is acknowledged by his instructing solicitors as well as their insurer clients for his attention to detail in preparing a case, as well as a straightforward and persuasive manner in Court.
Selected Cases
Recently concluded/ongoing cases and instructions include: instructed in work at height claim on behalf of Defendant where accident circumstances indicate FD issues. Instructed by Claimant in fatal RTA with unusual factual matrix and where a criminal prosecution resulted in a not guilty verdict.
Prowse -v- We Buy Any Car Ltd 2020 (settlement confidential).
Acted for Defendant in unusual PI claim arising out of an assault at work by an unknown assailant. Main issue in the claim was Claimant’s ongoing symptoms – both physical and psychiatric – and future work capabilities. Issues for consideration were potential breaks in the chain of causation and malingering/FD arguments. After detailed review of records and additional requests for disclosure of related documents, as well as detailed Part 18 and Part 35 questions, claim settled for minimal damages.
Ogilivie -v- South West Water (D1) and Glanville Cleansing Ltd (D2) 2020 (settlement confidential).
Acted for Defendant in unusual styrene poisoning claim following repairs to drains outside Claimants’ residential property. The Claimants alleged significant and prolonged exposure to styrene fumes following sub-contractors works, forming part of large scale renewal of and repair to drains in local area. Case involved detailed engineering evidence to address likelihood of exposure to styrene levels sufficient to cause symptoms as well consideration of medical causation and opportunity for symptoms to persist. Claim settled in lead up to trial.
Akindayini -v- Main Projects (Essex and Suffolk Water) (D1) and London Borough of Havering (D2) 08/07/20 Judge Welch.
Unusual tripping case where Claimant was litigant in person. Acted for Defendant statutory undertaker, whose sub-contractor had performed drain and sewer renewals. Upon conclusion of Claimant’s evidence at trial successfully argued for Judge to use CPR3.1 case management powers to dismiss the claim for a failure to establish an actionable defect at the locus of the accident
Glasper -v- NWL (2015-2018, struck out)
Acted for Defendant, statutory undertaker in long running dispute for damages arising out of burst water main causing property damage and subsequent fatal injury claim. Claim was for substantial damages. Instructed to strike out claim for material and ongoing procedural failures. After approximately 3 years of ongoing dispute and numerous hearings, successful in having claim struck out and in preventing applications for relief from sanctions in late 2018.
Griffiths -v- Asda Stores (claim struck out 2017).
Acted for Defendant in EL claim where employee alleged exposure to aspergillus spores caused Allergic Bronchial Pulmonary Aspergillosis (‘ABPA’) in circumstances where the spores were naturally prevalent in the atmosphere/environment in any event. Acted on behalf of Defendant throughout and after detailed disclosure exercise and review of medical records, as well instruction of medical and occupational hygienist evidence, obtained strike out of Claimant’s claim without trial.
Coates v Elton and Peverell (settlement confidential 2017).
Acted for Claimant in long running fatal RTA involving cyclist. Case involved significant accident reconstruction evidence because the deceased was struck on two separate occasions with two different Defendants. Further complications arose with respect to the standard of care and legal and medical causation. After 3 years of dispute, settled claim with both Defendants for substantial damages for the family of the deceased.
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Qualifications
- BA Jurisprudence (Oxon)
- PGD in Sport & Law
Articles
Personal injury cases—attempting to outflank a limitation defence by discounting periods of time in which a defendant company was in liquidation (Holmes v S & B Concrete). See here.
