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Mark Armitage

Call 1999

Mark Armitage specialises in commercial, costs, inquests and personal injury cases.

Commercial

Mark advises and appears for both Claimants and Defendants in general commercial and contractual claims including the sale and supply of goods and services and all aspects of consumer credit and consumer protection.

He has experience in dealing with claims relating to the incorporation and interpretation of exclusion clauses, the provision of financial services and dissolution of franchise agreements.

Personal Injury

Mark is regularly instructed by both Claimants and Defendants in all aspects of personal injury litigation including claims arising from workplace accidents, manual handling and industrial disease (including asbestos related injuries, work related upper limb disorders and industrial deafness claims). He has often appeared in fast track and multi track trials involving the use of work equipment and the provision of personal protective equipment. He recently represented a community support officer who successfully sued for spinal injury arising out of the use of unsuitable body armour.

Mark has particular experience in dealing with claims resulting from road traffic accidents and has advised and acted in many claims arising from low velocity impact collisions. He has a detailed knowledge of the procedural aspects of road traffic accident claims involving allegations of fraud and LVI.

Mark regularly accepts instructions on behalf of local authorities particularly in relation to claims arising from accidents on the public highway, occupiers’ liability and housing disrepair.

Other areas of interest include claims relating to Deep Vein Thrombosis and claims under the Animals Act 1971. He has particular experience in dealing with personal injury claims arising out of the use and control of horses.

Mark has regularly appeared before the CICAP in all aspects of criminal injuries compensation appeals. He has often acted on behalf of nurses, train drivers and has successfully recovered substantial sums of compensation for clients with severe and permanent brain damage.

Selected Cases

  • Acting for a Claimant who sustained severe brain damage following an accident at work whilst painting a ship in Falmouth docks.
  • Acting for a train driver who recovered £360,000 following an accident, which caused him permanent spinal injury resulting in his inability to carry out his job.
  • Acting for a community support officer who sustained spinal injury resulting from the use of unsuitable body armour.
  • Acting for a former police officer who had been retired on grounds of medical ill health. The case involved consideration of the system of appeals in relation to ill health retirement pensions and the involvement of the police federation.
  • Acting for a former shipyard in relation to issues of limitation arising out of claims relating to pleural plaques and asbestosis.
  • Acting for an occupier of a sport’s ground in an appeal arising out of an accident, which occurred in a hammer cage prior to the commencement of an organised sporting event.

Inquests & Public Inquiries

Mark regularly attends inquests on behalf of all properly interested parties including families, NHS Trusts, surgeons, insurers and employers.

He has particular experience in relation to deaths occurring in hospital and in custody. He has detailed knowledge of the systems and procedures operated in hospitals and prisons and the health care arrangements pertaining to both organisations.

Mark has been involved in several inquests involving the implications of surgical procedures and the consequences of the MRSA virus.

He has experience of appearing before juries at inquests and has a particular interest in the issue of neglect arising from the lack of appropriate medical treatment.

Mark has considerable experience in dealing with article 2/ ‘Middleton’ inquests and the scope of the inquiry to be undertaken to satisfy the requirements of the Human Rights Act.

He was instructed by the family of Yvonne Simmons who died as a result of a hernia which was not appropriately treated. An urgent referral to an upper gastro-intestinal surgeon had been identified as being necessary but did not occur. A jury returned a verdict of accidental death contributed to by neglect.

He has been instructed to represent private and NHS hospitals in relation to deaths occurring following procedures such as heart transplant surgery, hip and other orthopaedic operations. He has experience in dealing with the consequences of deep vein thrombosis and the precautions necessary to avert such a risk.

He was instructed by an insurer in the inquest into the death of Bernard Rayner who died as a result of a serious road traffic accident whilst riding his motorbike.

He recently acted for a primary care trust in the inquest into the death of James Yarnell. This article 2 inquest involved a prisoner who had received an overdose of oral chemotherapy drugs following his attendance at hospital. Mark represented the PCT which provided health care services in the prison. A jury heard four weeks of evidence relating to the systems in place for the prescribing, dispensing, storage and control of oral chemotherapy drugs. The inquest involved extensive submissions in relation to the scope of the inquiry, the evidence to be presented to the jury and the potential verdicts to be returned.

Costs

Mark has been involved in many costs’ hearings and has particular experience dealing with technical issues involving conditional fee agreements. He has been involved in several cases relating to the notification of funding and the consequences of Before the Event Insurance. Mark has often attended detailed assessment hearings on behalf of both Claimants and Defendants.

He was instructed by the Defendant in the case of Zahur v Centrica [HHJ Walford] in an appeal relating to the operation of CPR Part 36 and whether an offer is capable of acceptance in the absence of formal written notice of withdrawl.

He was instructed by the Defendant in the case of Watkiss v Allison which involved the recoverability of ATE premiums in LVI cases.

Mark has considerable experience in dealing with cases involving the operation of CPR Part 44 and the appropriate costs’ orders to be made where there have been admissible offers to settle which have not been made in accordance with Part 36.

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Qualifications


  • MA (Cantab)
  • LLM (Cantab)

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