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Jack Murphy

Call 2013

Personal Injury

Jack has a busy personal injury practice. His practice encompasses industrial disease litigation, employers’ and public liability claims, fatal accident claims, and Highways Act cases. He is regularly instructed to appear in the County Court for interlocutory hearings and trials, to draft pleadings, and to provide advice on both liability and quantum.

Jack’s personal injury practice has a growing emphasis on defendant industrial disease work, and he has significant experience of all aspects of noise-induced hearing loss cases.

Jack has considerable experience of civil fraud matters with a personal injury element, and is regularly instructed both to advise in conference on potentially fraudulent cases – including induced accident, low velocity impact and phantom occupancy case – and to act on behalf of defendant insurers in trials were fraud is alleged.

He has significant experience of QUOCS cases, the enforceability of defendants’ costs, and fundamental dishonesty.

Selected Cases

Recent work has included:

  • Successfully defending a Noise Induced Hearing Loss claim on limitation grounds, despite the defendant not having advanced any positive evidence of forensic prejudice. HHJ Vosper QC found that information elicited from the claimant in cross examination was sufficient evidence of the prejudice faced by the Defendant, and that Burgin v Sheffield CC [2005] EWCA Civ 482 did not apply.
  • Appearing on behalf of the Defendant at a contentious CCMC in a very high value tetraplegic injury case, at which the Claimant sought to remove the requirement for costs budgeting on the basis that the new -0.75% discount rate increased the value of the claim to in excess of £10 million.
  • Establishing that RTA protocol fixed costs should apply to a Part 7 claim, where the circumstances of injury involved a pedestrian and an unmanned, improperly parked HGV on private premises. The judge’s ruling was that the phrase “arising out of or in connection with the use of a vehicle” had to be interpreted broadly, and that accidents on private premises should not be excluded from the ambit of the portal.
  • Being led by Michael Kent QC in the Upper Tribunal (Administrative Appeals Chamber) in a test case concerning the validity of payments made under the Pneumoconiosis etc. Workers Compensation Act 1979.
  • Advising on and drafting fraud defences in linked claims for personal injury and credit hire believed to involve organised crime.
  • Successfully obtaining findings of fundamental dishonesty in two claims following discontinuance by the Claimant: the first on the basis of medical and engineering evidence, the second on the basis of surveillance and previous claims history.
  • Advising a nationwide charity on the suitability of its risk assessments and training in a claim for damages under the Manual Handing Operations Regulations.
  • Advising on complex infant approval cases, including one involving head injuries and potential long term behavioural problems, and another involving Court of Protection proceedings.
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  • Lincoln’s Inn Denning, Bowen & Hardwicke Scholarships
  • BPTC, City Law School
  • GDL, City University
  • BA Hons (Oxon)

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