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Matthew Turner

Call 2018

Matthew Turner has a broad practice across all areas of Chambers’ work including personal injury, clinical negligence, inquests, product liability (including medical products), property damage, professional negligence and general commercial litigation. He also has experience of shipping litigation and arbitration.

He has a busy court practice and appears in court most days. He is regularly instructed to appear in fast track and small claims trials, as well as applications and costs / case management hearings in fast and multi-track cases.

Before coming to the Bar, Matthew worked as a commercial solicitor. He completed his training contract at a Magic Circle law firm (2015 – 2017), which included secondments to Liberty, the human rights organisation, and the London Stock Exchange. He then moved to a Texan law firm (2017 – 2018) where he specialised in commercial litigation and arbitration, with a particular focus on shipping disputes.

Matthew studied at the University of Nottingham (2010 – 2014), graduating top of his year in law. This included an exchange year at the University of Texas at Austin Law School, during which he worked as a Student Criminal Defence Attorney representing death row inmates.

Personal Injury

Matthew has a busy personal injury practice, acting for both claimants and defendants. He accepts instructions on a CFA basis.

He regularly appears at trial and interlocutory hearings in cases involving road traffic accidents (including motorbikes and buses), employers’ liability claims, occupiers’ liability claims and public liability claims.

Selected Cases

Employer’s Liability:

  • Representing an employee of a well-known supermarket chain following a warehouse accident involving a defective pump-powered truck;
  • Representing an injection moulding manufacturer in a claim by an employee who burned his hand whilst using an injection moulding machine;
  • Representing a Nurse who contracted tuberculosis at work;
  • Representing a Theatre Support Worker who dislocated her knee pushing a maternity bed and drip stand whilst transferring a patient to theatre for an emergency caesarean section;
  • Representing NHS Trusts in multiple claims brought by nurses who have been attacked by patients;
  • Representing an NHS Trust in a claim by an employee who was injured while pushing a records trolley which ran out of battery;

Public Liability:

  • Representing a young girl who was injured at school when she was hit in the face by a football after the morning break;
  • Representing a school in a claim by a pupil who was injured falling over a hurdle during a PE lesson;
  • Representing a lady who was injured during an exercise class at a gym when she slipped on hair and dust on the floor;
  • Representing a man who lost consciousness and went underwater while swimming in a pool at a campsite;
  • Representing an airport worker who was injured when a lifejacket and oxygen tank was thrown at him by an offshore oil worker;
  • Representing a highway authority in a claim under the Highways Act 1980 following a cycling accident;
  • Representing a private hospital in a claim by a patient who fell whilst attempting to mobilise after using the toilet;
  • Representing a care home in a claim brought by a former patient with vascular dementia;

Clinical Negligence

Matthew has quickly developed a strong clinical negligence practice, acting for both claimants and defendants. He is regularly instructed by NHS Resolution, the Medical Protection Society and Dental Protection. He also accepts instructions on a CFA basis.

Selected Cases

Obstetrics and gynaecology:

  • Alleged failure to arrange a CT urogram following a laparoscopic assisted vaginal hysterectomy (LAVH) and ovarian cyst removal which would have led to the earlier identification and treatment of a pelvic abscess;
  • Allegedly causing and failing to identify and repair a vesicovaginal fistula during a total laparoscopic hysterectomy (TLH) and bilateral salpingo-oophorectomy (BSO);
  • Allegedly causing and failing to identify and repair a ureteric obstruction injury during and after a lower segment caesarean section (LSCS);
  • Alleged failure to identify and repair an obstetric anal sphincter injury (OASIS) during instrumental delivery and a major post-partum haemorrhage (PPH);

During pupillage, Matthew assisted Farrah Mauladad successfully defending an NHS Trust in the High Court in a shoulder dystocia claim valued at over £1 million – the judgment is reported here.

Orthopaedics:

  • Alleged failure to advise in relation to soft tissue reconstruction of the central slip at the proximal interphalangeal (PIP) joint of the right middle finger.
  • Alleged failure to arrange for blood tests following an elective total knee replacement which would have led to the earlier identification and treatment of severe acute kidney injury (AKI);

Emergency treatment:

  • Alleged failure to appropriately clean and close an elbow wound following a road traffic accident;

Nursing care:

  • Alleged negligent removal of a urethral catheter (by failing to deflate the balloon) causing injury to the penis;
  • Alleged failure to obtain advice from a Tissue Viability Nurse (TVN) request a GP visit or call 999 where a patient’s pressure sores had deteriorated;

GP care:

  • Failure by a GP to diagnose Bowen’s disease or make a referral to a dermatologist;

Dental care:

  • Alleged failure of two prison doctors to identify and treat a prisoner’s periodontal disease;
  • Alleged failure to advise and negligent removal of UL6 causing the palatal root to be pushed into the maxillary sinus and damage to UL7;

Product Liability

Matthew has experience of claims arising out of defective products, including medical devices.

During his training contract Matthew worked on the Metal-On-Metal hip group litigation where he was part of the legal team representing a medical device manufacturer in a multi-party action brought by hundreds of individual claimants.

During pupillage, Matthew worked on product liability cases involving a range of produces from horse bits to cleaning solutions. He also assisted David Myhill and Alexander Antelme QC in a claim relating to a radiological contrast medium, Myodil, which allegedly caused significant injuries decades after its use.

Property Damage

Matthew is developing a busy property damage practice and regularly provides advices and drafts pleadings in subrogated recovery claims.

Selected Cases

  • Representing the owner of a property damaged by a vehicle which collided into it while trying to manoeuvre around a stationary fire engine;
  • Representing a property owner in a claim brought by their neighbour following substantial escape of water from a bathroom toilet;
  • Representing a homeowner in a claim against a plumbing contractor following a leak from a bathroom tap;
  • Representing a builder in defending a claim by a homeowner following an escape of water from a shower and bringing a Part 20 claim against the bathroom sub-contractor;
  • Representing a property owner in claim against a facility management company for failing to report corrosion of a water heater which subsequently fell of its brackets causing an escape of water;
  • Representing a builder in a claim by Thames Water for allegedly damaging and covering sewage pipes;

Insurance & Reinsurance

Matthew has an insurance practice, having gained experience during pupillage of drafting advices and pleadings in both coverage and subrogated recovery claims.

Selected Cases

  • Advising and drafting a defence in relation a home and contents insurance claim following a fire where there was evidence of deliberate action and fraud;
  • Drafting the Grounds of Appeal and Skeleton Argument in the appeal of a decision to dismiss an application for strike-out / summary judgment in a home and contents insurance claim that was brought out of time;

Shipping

Matthew previously worked as a commercial solicitor specialising in shipping litigation and arbitration.

Selected Cases

  • Representing (as counsel) an English marina in a claim by the owner of a sports cruiser for damage allegedly caused by hot works (angle-grinding) carried out on a dredger in the marina;
  • Exportadora de Sal S.A. de C.V. v Corretaje Maritimo Sud-Americano Inc. [2018] EWHC 224 (Comm) – successfully representing (as a solicitor) a shipbuilder in defending a s.67 Arbitration Act challenge to the validity of an LMAA arbitration award by a Mexican salt mining corporation;
  • Representing (as a solicitor) a Danish shipping company in defending a breach of warranty claim (LMAA arbitration) in relation to alleged damage to the stern tube bearings of a dry bulk carrier;
  • Representing (as a solicitor) a British luxury yacht manufacturer in a claim against a hull manufacturer for defective moulding of the hulls of a series of yachts.

Awards


  • Maxwell Law Prize (2014) – top graduating law student
  • JD & Elizabeth Marsden Prize (2014) – outstanding academic and extracurricular achievement
  • Clyde & Co Prize in EU/EC Trade Law (2012) – best performing student in EU law

News


Qualifications


  • Bar Transfer Test, BPP Law School (2018)
  • Legal Practice Course, BPP Law School (2015), Distinction
  • LLB (Hons) Law with American Law, University of Nottingham (2010 – 2014), First Class with Distinction in American Law (top graduating student)

Articles

New Ships, Old Rules: Updating IMO Rules to Cover Autonomous Ships, The Robotics Law Journal, 2018

Autonomous ships: are we ready?, Maritime Risk International, 2018

Arbitration Challenge: Too Little, Too Late, New Law Journal, 2018

Sanctity of Arbitration Awards: English High Court dismisses untimely claim that Tribunal’s substantive jurisdiction was retroactively destroyed, Mealey’s International Arbitration Report, 2018

Shipbuilding: England & Wales, Getting The Deal Through, 2018

Memberships


  • PIBA
  • BHRC

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