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Patrick Blakesley QC

Call 1993 • QC 2018

"He is calm, thoughtful and has a good manner with clients and judges."
(Legal 500 2016)

Personal Injury

Patrick has a wealth of experience in all areas of personal injury including the following:-

  • Catastrophic injuries – brain and spinal injury, amputation, chronic pain, psychiatric injuries.
  • Brain and other developmental injuries to children.
  • He is particularly experienced in dealing with claims for subtle brain injury, diffuse axonal injury, and investigation of alternative psychiatric, neurological or fraudulent explanations
  • Claims with a foreign element, jurisdiction and applicable law. Accidents to foreign nationals in England and Wales, and to domestic claimants abroad. Claims experience includes Europe, Africa, the Middle East and the USA.
  • Transport, aviation and marine accidents. Rail accidents to passengers and trackside workers, accidents aboard vessels, helicopter accidents. Athens and Montreal Conventions.
  • Battlefield and military training incidents. He has fought a number of trials involving injuries to military-trained security escorts protecting military personnel and civilian contractors in Iraq and Afghanistan.
  • RTAs and highways claims. Patrick acts in cases involving highways authorities, and ss.41 and 58; including contributions of road surfacing, trees and vegetation, snow and ice.
  • MIB, RTA insurer, Article 75 issues
  • Workplace accidents and employer’s liability, particularly accidents on construction sites and in factories. Manual handling, defective work equipment, work at height, cranes and other lifting equipment, construction regulations.
  • Public and occupiers’ liability.
  • Sports injuries – schools, amateur and professional clubs. Allegations of inadequate refereeing and supervision, facilities, equipment; repetitive head injury assault, “hazing” incidents.
  • Fatalities and injuries caused by falling trees.
  • Sub aqua diving accidents
  • Animals Act claims
  • Automatism.
  • All quantum issues including incidence of statutory funding and benefits, both in the UK and in foreign jurisdictions; PPOs and provisional damages;
  • Capacity and Court of Protection issues.
  • Fraudulent claims and cases of fundamental dishonesty.
  • Sexual abuse in schools and other institutions.
  • Workplace stress, bullying and harassment claims

 

International Injury & Travel Law

Patrick frequently handles claims with a significant foreign element. He is experienced in dealing with issues of jurisdiction, applicable law, and the managing of experts in foreign law and financial arrangements including the incidence of foreign statutory funding and benefits. He deals with accidents to foreign nationals in England and Wales, and to domestic claimants particularly in Europe, Africa, the Middle East and the USA.

 

Selected Cases

Examples of Patrick’s recent and ongoing cases include the following:-

B v N: (2019) – Successful defence at trial of a highway authority blamed for motorcycle accident rendering claimant an incomplete tetraplegic.

L v S: (2019) – Acting for tree surgeon in tetraplegia claim brought by motorist injured by a tree falling from private land.

B and W v M (2019) – Acting for the defendants in the lead claims arising from the Alton Towers rollercoaster accident.

H v S (2019) – Acting for train operator in amputation claim brought by a passenger whose rucksack was caught by closing doors.

T v CC & ors (2019) – Acting for highway contractor in multi-defendant double fatality RTA claim in which the issues are drainage and ice clearance.

P v P (2019) – Acting for defendant in an £8m claim for subtle brain injury.

M & ors v J (2019) – Acting for motor insurers in claim arising from multiple fatality RTA in a Birmingham underpass.

W v J (2019) – Acting for insurers in multiple fatality and serious injury pedestrians v car RTA.

L v B; KC v L (2018, 2019) – Two unconnected fatal leisure diving cases involving allegations of inadequate training and supervision; failures by buddy divers; defective equipment and on one case with contested medical causation.

B v K and S (2019) – Acted in a fatal cycling accident claim in the dispute between the co-defendant highways authority and repair contractor, which turned on the compliance with and construction of the voluminous highway repair contract.

J v W (2018) – Acting in paraplegia claim arising from RTA allegedly caused by failure of suspension arm, in turn allegedly caused by pothole in the road.

M v B (2018) – The claimant, a solicitor in a magic circle firm, contended that a RTA had triggered postural orthostatic tachycardia syndrome (POTS). The case settled for a small fraction of its claimed value after challenges to the claimant’s credibility and case on causation.

Mehmetemin v Farrell [2017] EWHC 103 (QB) – Quantum issues in a £1.6m ankle injury claim.

Humphrey v Aegis Defence Services [2017] 1 W.L.R. 2937 (CA) – Claim arising from activities in Iraq and the application of a “desirable activity” defence under the Compensation Act 2006.

M v C (2017) – fatal accident involving tree falling onto car on the highway.

H v S (2017) – A cyclist vs cement lorry RTA. C suffered a catastrophic spinal fracture. Liability and quantum were in dispute. With a cooperative stance by both parties the claim was successfully concluded by settlement 10 months after the accident.

B v C (2017) – fatal accident involving tree falling onto pedestrian at a bus stop. Allegations of inadequate inspection regime and issues between the highway authority and the independent contractor responsible for the maintenance.

M v C: (2017) – A motorcycle vs lorry RTA. The claimant, a below-knee amputee, sought 13 different prostheses for various sporting and other activities.

Deighton v Collett [2016] EWHC 3842 – Abuse of process argument in multiple claims against same defendant arising from the same RTA.

RXS v Y J Lovell [2016] EWHC 1004 – Mesothelioma claim. Permission at time of settlement of main claim to bring Part 20 claim in the main action between co-defendants.

M v XFC (2016) – Acted against Premier League football club for claimant who sustained physical and psychiatric injuries in a “hazing” incident.

Davies v Partington [2015] EWHC 1761 – RTA 1988 s.151 and Art.75 issues between co-defendants, and resolution of costs between defendants.

M v E (2015) – Acted as junior counsel to Winston Hunter QC in a £20m tetraplegia claim arising from an RTA.

Sayers v Chelwood [2013] 1 WLR 1695; [2012] EWCA Civ 1715 – (Limitation & NIHL) – Leading appellate authority on burden of proof in s.33 applications under Limitation Act 1980.

 

Selected cases (International Injury & Travel Law)

Examples of Patrick’s recent and ongoing cases include the following:-

F v H (2019) – Acting for claimant who underwent elective below knee amputation two years after a work accident in Qatar.

Aegis cases (2013-2018) – A series of 7-figure claims brought against a private military company by security contractors injured in Iraq during the post-war reconstruction.

B v M: (2018) – Claim brought by members of US rock band, injured when their UK tour bus crashed. Complex accountancy issues over likely worldwide earnings.

O v Bahrain – Mesothelioma claim. 5 defendants sued by widow of British citizen, who died in the USA, after exposure to asbestos in a Bahraini oil refinery. Complex issues of jurisdiction and applicable law.

O v C (2014) – Accident aboard a merchant vessel at sea.

C v S (2014) – Amputation claim brought by a British citizen against Italian hotel. C injured by falling pane of plate glass. Issues of applicable law and limits of indemnity under foreign insurance policy.

S v S (2018) – US citizen rendered minimally conscious in UK RTA. Issues of incidence of US benefits, Medicaid/ Medicare, and identification of the appropriate discount rate and PPO indices, using 6 US-based financial experts.

E v R: (2015) – Libyan citizen catastrophically injured in an RTA in Wales. Issues of likely domicile and care regime following civil unrest in Libya, and indexation.

E v S: (2018) – High value travel claim brought by holidaymaker directly against Spanish insurer with indemnity issues similar to those in Williams v Mapfre (Westlaw, 2015 WL 1839026). Instructed by Latham & Watkins.

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Memberships


  • Commercial Bar Association
  • London Common Law & Commercial Bar Association
  • Personal Injury Bar Association
  • Professional Negligence Bar Association

Recommendations


“He is rated because of his excellent outcomes both from trials and JSMs.”

Chambers & Partners 2016

“He is excellent with the client and forensic in his ability to digest a lot of medical information.”

Chambers & Partners 2016

“He is calm, thoughtful and has a good manner with clients and judges.”

Legal 500 2016

“He’s not frightened of having a conflict where it needs to be had, and his advocacy and negotiation skills are particularly strong.”

Chambers & Partners 2015

“He’s measured and practical, and reduces things down to the key points.”

Chambers & Partners 2015

“He has a good bedside manner in conference but takes no prisoners in the courtroom.”

Legal 500 2015

“A very strong advocate, who you certainly want on your side.”

Legal 500 2015

“My choice of counsel on high-value cases against leading silks.”

Chambers & Partners 2014

“An exceptional talent.”

Chambers & Partners 2014

“A superb advocate” and “impresses with his approachability, and obvious ability”.

Legal 500 2014


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