Barrister: Grahame Aldous QC

Clinical Negligence:

Grahame Aldous QC has regularly been named as a Leading Clinical Negligence Silk in UK Directories of the Bar.

In Chambers and Partners UK Directory he has been recommended as:

A Silk that is "very knowledgeable, strategically astute and stands out for his sympathetic manner with clients." "He is a vastly experienced and masterful advocate."

And of his expertise it has said:

"He is what you expect a silk to be - he smooths the water, by being very personable and user-friendly. He is not stuffy or standoffish, and is happy to discuss the issues frankly".

In Legal 500 he has been noted as "a very quick thinker, brilliant at putting clients at ease" and "an exceptional all-rounder".

He is a former member of the Executive Committee of the Professional Negligence Bar Association and Chairman of their annual Clinical Negligence Conference. He was also one of the Counsel nominated by both Claimant and Defendant solicitors under the "NHS Resolve" scheme. 

Grahame was the founding General Editor of Clinical Negligence Claims: A Practical Guide. He has particular expertise in dealing with complex issues of expert evidence and has contributed to and edited the Guidance on the Preparation, Admission and Examination of Expert Evidence published by the Inns of Court College of Advocacy as well as the Expert Evidence chapter of Kemp & Kemp.

Grahame’s cross-examination technique has been described in the High Court as ‘a quiet bombshell’, and by an expert witness in the High Court as ‘thorough, effective, but better than that beautiful’.

Personal Injury:

Grahame is recommended as a Leading Personal Injury Silk in UK Directories of the Bar.

In Legal 500 he is noted as "detailed, focussed and gets under the skin of the case."

In Chambers UK he has been said to have a "name synonymous with brilliance", "one of the most approachable barristers and really understands what being a modern silk is all about" and "Attentive to the needs of both solicitor and client, he understands client care whilst also being a "pedigree performer in court who is known for his fearsome cross-examinations".

Grahame’s cross-examination technique has been described in the High Court as ‘a quiet bombshell’, and by an expert witness in the High Court as ‘thorough, effective, but better than that beautiful’.

He has particular experience in dealing with catastrophic injury claims, including brain injuries, psychological and stress injuries, severe spinal injuries, amputations and severe non-united fractures and fatal accident claims, the subject of one of the chapters he contributes as an editor of Kemp & Kemp: Personal Injury Law, Practice and Procedure. Grahame is a Senior Fellow of APIL (the Association of Personal Injury Lawyers), is one of the few counsel accredited by them in the field of personal injury and was the founding General Editor of the APIL Guide to Catastrophic Injury Claims. Grahame is a former Chair of the Frenkel Topping Court of Protection Deputies' Forum. He is also one of the SIA (Spinal Injury Association Approved Counsel. His cases include achieving record breaking awards and:

• A total award valued at over £24 million for a catastrophic brain injury claim following an accident abroad,
• Life-changing awards for spinal injuries, including awards to help fuel Paralympic careers,
• Awards for single leg amputees of £1.9 million and £ 2.3 million, including life time provision for Otto Bock microprocessor controlled powered Genium knee joints with an additional 'spare', future psychiatric care and ongoing accommodation needs,
• An annual periodical payments order for care starting at £400,000 per annum for life, index linked for earnings inflation,
• Establishing the jurisdiction of the UK Admiralty Court for accidents abroad outside the EU Brussels jurisdiction,
• Obtaining compensation for pelvic stress fractures suffered by female recruits to the RAF subjected to inappropriate physical training,
• Obtaining secure periodical payments from foreign based insurers,
• Resolving arguments about insurance cover and policy limits,
• Litigating foreign laws and limitation periods in the UK courts,
• Obtaining judgment for a substantial sum in Euros for a paraplegic Dutch resident following a spinal cord injury,
• Establishing product liability in negligence at trial against a Japanese tyre manufacturer for a defective tyre that caused death and injury on the M4.
• Robust and successful defence of a shipping company's accident investigation system in the Court of Appeal.
• Appearing in the Supreme Court in a case about death in service benefits in a seafarer's contract of employment, and the test for implied terms as to the reasonableness of decisions made by one party to a contract under a contractual discretion.
• Providing advice for claims abroad in other jurisdictions.
• Dealing with issues of capacity to litigate and/or conduct financial affairs involving the Court of Protection and court of approval of settlements.
• Complex neurological claims involving damage to the Cauda Equina nerves in the spine.

Grahame has particular expertise in marine accident cases involving passengers and crew on ships or yachts, and cases involving international conflicts of law. This work makes use of his experience in the Merchant Navy before coming to the Bar, his qualification as a Yachtmaster and his skills in competitive yacht racing, including racing round Cape Horn in the 1989/90 Whitbread Round the World Yacht Race. He is the author of Work Accidents at Sea and the Shipping chapter of Munkman on Employers' Liability.

His work has taken him outside our own jurisdiction including to the Supreme Court and Court of Appeal of Gibraltar, for which he was admitted to the Gibraltar Bar, and the Privy Council.

His work has included disaster and multi-party litigation such as the PIP product Liability Litigation, Marchioness Disaster, including the Marchioness Steering Committee Costs Litigation, the Princess Margaret Hovercraft disaster, and the Achille Lauro and Sun Vista cruise liner fire disasters.

Mediation:

Grahame is a CEDR accredited mediator with successful experience of a number of mediations in practice. He was one of the Counsel nominated by both Claimant and Defendant solicitors under the "NHS Resolve" scheme. He is happy to accept joint instructions to act as mediator in order to try and facilitate a settlement between parties. Grahame is the author of the Mediation & ADR chapters of Kemp & Kemp Personal Injury Law, Practice & Procedure and of the APIL Guide to Catastrophic Injury Claims. He is a member of the CEDR Solve Lead Mediators Panel and of the Advisory Council of Trust Mediation. Recommended in Chambers & Partners and Legal 500 for his negotiating skills, he has been described in Chambers & Partners directory in particular as "noted for his negotiating skills as a mediator". He is able to bring to bear his considerable background in commercial law and varied commercial disputes, as well as judicial review and public law and professional negligence disputes.

His successful mediations include:

• Re E: A claim resulting from a serious injury with potential proceedings in the US and the Isle of Man, successfully mediated in England.
• Re B: A stress at work claim brought by a union official against his union amidst great hostility and emotion.
• Re B: An accident at work causing serious injury where contributory negligence and quantum were at issue.
• Re Mr & Mrs T: Quantum following a head on collision causing serious injury to multiple claimants.
• Re H: Accountancy negligence claim arising from tax advice.
• Re C: Stress at work claim by prison officer.
• Re D: Stress at work claim, mediated at an early stage. Mediation efforts continued after the one day mediation until a resolution was reached at great saving of cost and management time.
• Re T: Accident at work where parties far apart on paper but settled at short form mediation to the surprise of both parties.
• Re S: Stress and harassment at work claim involving allegations of discrimination in Queen’s Bench and Employment Tribunal proceedings.