Personal Injury:
Jeremy is instructed in a wide range of personal injury cases, including employers' liability, industrial disease, and road traffic accidents. Equally comfortable advising on both liability and quantum, recent instructions involve cases of catastrophic brain injury, fatal accident, above knee amputations, chronic pain and nervous shock. He regularly prepares schedules of loss in cases with a value in excess of £1 million.
He undertakes a significant amount of Industrial disease work, especially asbestos related injury and noise induced hearing loss (NIHL). He lectures widely on these subjects.
In the last year, Jeremy has represented clients in Courts throughout the country. He is very happy to travel nationally to meet clients in conference at their home.
Examples of recent Cases
- Shaw v Go-Ahead (2018): One of many fatal accident claims in which Jeremy has advised, settled Schedules of Loss, and represented Claimant’s during 2017. This case involved a 57 year old who was knocked over by a bus. He had recently become the Chief Architect for Network Rail, and whilst he had a relatively modest history of pre-accident earnings, his recent appointment generated a significant dependency claim. The case settled for 600,000 at a JSM in January 2018.
- Heron v MIB (2017): Mr Heron sustained an above knee amputation when he was involved in a road traffic accident. The driver of the third party vehicle was untraced, and the matter proceeded under the MIB Untraced Drivers Scheme. Jeremy was instructed to advise the Claimant. The case eventually settled for 1.9 million.
- Kennett v Connors & MIB (2017): PC Kennett sustained serious injuries - causing her to be cast from the police force - when she was deliberately struck by a vehicle during the course of a police chase. Three individuals - all subsequently identified – ran away from the vehicle, but it was impossible to conclude who was driving. Jeremy advised PC Kennett on numerous occasions, in particular as to whether arguments of joint enterprise would be successful, and as to whether this was an Untraced MIB case, or an Uninsured MIB case. The matter was eventually settled for a high six figure sum at a JSM
- Gonzalez v Pointing, Mayors & City CC (2017): The Claimant, a South American cleaner, sustained a brain injury when she was struck by (a falling) part of the Defendant’s trading stall outside a London Underground station. The Claimant could not remember what had happened, and there were no witnesses to the accident. The Defendant denied that his stall had caused the Claimant's injuries. Liability was vigorously contested. At a (split) trial on liability, detailed legal submissions were made as to what could legitimately be inferred from the circumstances of the accident. The Claimant succeeded. Previous solicitors / counsel had refused to act for the Claimant in this multi track case under a CFA on the basis that prospects of success were less than 50%. The Defendant appealed, unsuccessfully, to the Court of Appeal
- Farbar v ACL Care Homes Limited (2016): The Claimant, an Albanian national, sustained multiple injuries when he fell whilst undertaking window cleaning activities at the Defendant’s premises. Liability was vigorously disputed, and previous solicitors and counsel had terminated their CFA. Jeremy was instructed to advise in conference on numerous occasions, draft Particulars of Claim / Schedule of Loss, perfect witness statements, and represent the Claimant at interlocutory hearings in the High Court. The matter settled shortly before a split trial on liability for a six figure sum.
- Hannan v Parklane Limited (2016): The Claimant, a man in his twenties, sustained seemingly innocuous injuries in a minor accident at work. He alleged a significant disability and argued he was unable to work. Liability was conceded, but causation and quantum were vigorously disputed with allegations of fraud, malingering and a failure to mitigate being levelled against the Claimant. Jeremy was instructed (as alternative counsel) when it became clear there was a real risk the Claimant wouldn't beat an early Part 36 offer to settle. He advised the Claimant on strategy and tactics, ultimately securing an advantageous settlement at JSM.
- Bland / Blackford v Chalmers (2016): Mr Bland was killed and Mr Blackford sustained multiple injuries when they were knocked over by a vehicle driven by an off duty policeman. High Court proceedings were commenced against the driver, highway authority and local water authority. Liability was vigorously denied by all 3 Defendants. Jeremy settled Letters of Claim and Particulars of Claim, and advised on numerous occasions in conference and on paper. All actions - including claims for nervous shock brought by two members of the Bland family - were eventually compromised. Jeremy was instructed to represent the Claimant Blackford at a JSM at which the case settled shortly before a split trial on liability.
- Williams v Cym Taf Local Health Board (2016): Jeremy was instructed to represent the Claimant on an appeal against a district judges refusal to allow him relief from sanction, with the effect that over £100,000 was struck from his personal injury claim. He drafted all the necessary paperwork, secured permission to appeal on paper, and then represented the Claimant in his oral appeal in a 1 day hearing listed at Cardiff County Court. The appeal was successful.
- Collier v Welsh Unity Mines [2015]: A Welsh miner who had sustained career ending leg injuries in a mining accident. Liability, causation and quantum were all in dispute. Shortly before trial, the Defendant disclosed damning video surveillance evidence and amended their defence to plead fundamental dishonesty. Advised the Claimant (and General Secretary of the Welsh NUM) in conference on two occasions, successfully securing a substantial out of court settlement. Instructed by Thompsons (Cardiff).
- Hadland v Hogarths Hotel [2015]: The Claimant, age 70, sustained a fracture to her (L) proximal femur when she tripped and fell at her daughter's wedding, and remained significantly incapacitated. The Defendant denied liability, relying upon a stream of witnesses to argue that the Claimant was entirely the author of her own misfortune. The Claimant herself was unsure why she had fallen. Successfully represented the Claimant at trial. The Court found 100% in her favour, beat a Part 36 offer and was the recipient of indemnity costs. Instructed by Trinity Law Partnership (Birmingham).
- Joiner v X [2015]: The Claimant sustained serious multiple injuries when her car was struck head-on by the Defendant's vehicle. The Defendant, an 85 year old man, raised an automatism defence, alleging he had suffered an unavoidable brain haemorrhage / stroke, and consequently raised an automatism defence. The matter was complicated by complex causation and quantum arguments. Negotiated settlement at JSM. Instructed by Pro Legal (London).
- Wakefield v Rosenberg [2014]: The Claimant was seriously injured in a motorcycle accident, sustaining a complex knee fracture leading, ultimately, to an above knee amputation. Liability was admitted, but causation and quantum in dispute. The Claimant's loss of earnings claim was particularly contentious, being based on his 'intention' to become a black cab driver. The matter was finally compromised for £1.35 million. Instructed by Rider Support (London).
