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Jack Macaulay

Call 2009

Jack Macaulay practices in the core areas of Chamber’s work, with particular focus on personal injury, professional negligence, and property damage.

Personal Injury

Jack is regularly instructed on behalf of both Claimants and Defendants. He has a particular interest in cases of alleged dishonesty. His extensive experience encompasses:

  • fraudulent and exaggerated claims, from claims which have been entirely concocted, all the way down to cases of discrete dishonesty over individual heads of loss, where the claim is dismissed under s57 of the Criminal Justice and Courts Act 2015. Jack has dealt with most forms of motor fraud, including low velocity impact cases, ghost passenger claims, and staged or induced accidents, as well as fraud in the EL/PL context;
  • cases of serious permanent injuries, with damages well into seven figures;
  • brain injury claims;
  • clinical negligence, including cases of mis/delayed diagnoses, inadequate consent, and obstetric/birth injuries;
  • occupational disease, including noise induced hearing loss and mesothelioma claims;
  • fatal claims (including Coroner’s inquests);
  • accidents in the course of journeys by aircraft and ship (including claims under the Athens and Montreal conventions);
  • accidents at work;
  • tripping and slipping claims both for occupiers and highways authorities; and,
  • acting for the emergency services.

Recent cases of interest include:

    • Acting for the Defendant in a case of alleged diffuse axonal injury (led by Shaun Ferris). The claim eventually settled for less than half its pleaded value. Additionally, a favourable settlement was achieved in contribution proceedings, after earlier negotiations had collapsed.
    • Acting for a Claimant who developed PTSD, depression, and chronic pain having been injured while restraining young patients at the Defendant’s child and adolescent mental health unit. Liability was initially vigorously disputed before it was conceded just before the PTR for the liability trial. The case eventually settled for a seven figure sum.
    • Representing the fire service in a case where a firefighter alleged he had suffered acoustic trauma from exposure to the siren of a fire engine. The case was defended to trial at which the experts attended for cross examination on the complex issues of what noise levels are capable of causing tinnitus/acoustic trauma. HHJ Baucher accepted Jack’s submissions on both breach of duty and causation and dismissed the claim.

Industrial Disease

Jack has dealt with with most forms of occupational disease litigation, including claims for NIHL, HAVS, and asbestosis/mesothelioma, and at all stages of litigation, including early advice/drafting of pleadings, representation at CCMCs/interlocutory applications, through to final hearings. Recent noteworthy cases include representing the fire service in a case where a firefighter alleged he had suffered acoustic trauma from exposure to the siren of a fire engine. The case was defended to trial at which the experts attended for cross examination on the complex issues of what noise levels are capable of causing tinnitus/acoustic trauma. HHJ Baucher accepted Jack’s submissions on both breach of duty and causation and dismissed the claim.

International & Travel Law

Jack has a particular interest in cases with an international dimension, of whatever character. Past cases include:

  • accidents at airports in the course of embarking/disembarking aircraft (including under the Montreal Convention);
  • an Athens Convention claim by a passenger who slipped on returning to the car deck of a ferry; and,
  • road traffic accidents in France and Italy.

Jack is also able to bring to bear his knowledge of private international law acquired through involvement in non-PI cases, including:

  • representing buyers of land situated in The Gambia in a dispute against the sellers; and,
  • advising a shipping company in a dispute arising out of the import of instant noodles into Scotland.

Professional Liability

Jack’s professional negligence experience includes:

  • Accountants’ negligence, for example a multi-million pound claim dealing with the tax treatment of a solicitor’s CFA work-in-progress (junior to Ben Quiney QC).
  • A TCC case in Liverpool arising out of the collapse of a wall on neighbouring land due to lateral pressure exerted by the defendant’s land; the defendant in turn claimed against a third party which provided a geo-environmental engineering report on the land which (allegedly) negligently failed to identify the risk to the wall. The client achieved a very favourable settlement.
  • Claims relating to the negligent conduct of personal injury actions, for example advising in a case where the claimant’s solicitors allegedly failed to protect her against adverse costs consequences following late acceptance of Part 36 offers in her personal injury claim.

Property Damage

Jack’s experience includes:

  • Glenluce Fishing Co v Watermota [2016] EWHC 1807 (TCC), a dispute over the fitness for purpose of a marine diesel engine. The case gave rise to a novel dispute concerning the interaction between the rules on payment of court fees and the provisions of the Limitation Act 1980.
  • A TCC case in Liverpool arising out of the collapse of a wall on neighbouring land due to lateral pressure exerted by the defendant’s land; the defendant in turn claimed against a third party which provided a geoenvironmental engineering report on the land which (allegedly) negligently failed to identify the risk to the wall. The client achieved a very favourable settlement.
  • Sole counsel for the defendant security company in a six-figure claim for property damage following a series of criminal incidents at the claimant’s car showrooms. The case settled for less than half its pleaded value.
  • Smith & ors v South Eastern Power Networks [2012] EWHC 2541 (TCC): junior (to Michael Kent QC and Simon Howarth) for the Claimants in a series of test cases determining the liability of the electricity distribution industry for fires caused by overheating mains cut-out fuses.
  • Advising and drafting proceedings in fire, flood, and other property damage cases, arising from a variety of causes including defective electrical equipment, domestic appliances, inadequately made plumbing, and tradesmen’s works.
  • Disputes over insurance coverage and non-disclosure.
  • Construction cases, including party wall disputes and cases of defective workmanship by contractors and sub-contractors.
  • Pro bono representation of a retired claimant whose investment property required substantial repair work following a hopelessly negligent attempt at a loft conversion.

Commercial

Much of Jack’s work is based, at heart, on an understanding of the underlying contractual and commercial principles governing these relationships. In addition to that, Jack’s experience encompasses:

  • Disputes in relation to financing agreements, for example a multi-million pound dispute over the provision of finance to enable the purchase of domestic solar panels (junior to Ben Quiney QC).
  • Disputes concerning the payment of commission to estate agents.
  • Individual and corporate insolvency cases for creditors and debtors.
  • Cases giving rise to private international law issues, including:
    • representing buyers of land situated in The Gambia in a dispute against the sellers; and,
    • advising a shipping company in a dispute arising out of the import of instant noodles into Scotland.
  • Advising victims of online fraud in relation to the purchase of iPads.
  • Successfully representing a claimant roofing company in a claim for unpaid fees that was defended on the basis that the debt had been settled by the provision of free curry.

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Qualifications


    LLB, Law with European Legal Studies (First Class) King’s College London, 2003-7
    ERASMUS year at Uppsala University, Sweden, 2005-6
    LLM (Cantab) 2007-8
    BVC (Very Competent) BPP London, 2008-9

Lord Denning Scholar, Lincoln’s Inn

Languages: French (intermediate), Spanish (improving), Swedish (basic)

 

Memberships


  • PIBA
  • PNBA

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