Bruce Silvester

Call: 1983

"He has tremendous forensic eye. He is the best at getting cases off the ground. Bruce’s skill is forensic and meticulous attention to detail."

Chambers & Partners 2024

Bruce Silvester is an accomplished personal injury, health and safety, and clinical negligence litigation practitioner who is also highly regarded for his practice in travel litigation.

He regularly appears for claimants and also sometimes for defendants in the High Court and County Court as well as the Court of Appeal, regularly providing advisory and mediation/settlement services. He has particular expertise in the field of catastrophic injuries including brain, spine, multiple injuries and also group litigation, both led and without a leader.


Expertise

Ranked in Chambers UK as a prominent junior, and in Tier 1 by Legal 500 2020, Bruce undertakes all aspects of personal injury, health and safety and clinical negligence work and regularly appears for both claimant and defendant in the High Court. He is instructed as lone and led junior in matters concerning catastrophic injuries, brain and spine, and in multi-party cases.

Bruce lectures extensively in the field of Personal Injury litigation at professionally organised conferences: Euroform, Butterworths and Lloyds of London and Legal Network Television, as well as providing seminars as part of the in-house training programs of a number of firms of solicitors.

Notable Personal Injury cases


SM v DHL Supply Chain Ltd (April 2021)

Successful liability trial on behalf of Claimant who suffered traumatic brain injury after falling from the rear loading area of his employer’s lorry.  Allegations of unsafe systems of work and inadequate training. [link to news item on website]

TC v Global Travel – (March 2020)

The Claimant suffered catastrophic spinal injuries when the coach she was travelling in left the carriageway in heavy rain and overturned. She is a T4/5 ASIA A paraplegic. Successfully applied for summary judgment against the First Defendant. Negotiated a settlement for £3.5m at Joint Settlement Meeting in March 2020. Acted throughout without leading counsel. Instructed by Philip Banks of Irwin Mitchell LLP, Birmingham.

KW (Protected Party) v Ontime Logistics Limited – (January 2020)

The Claimant sustained a severe traumatic brain injury with permanent brain damage. Bruce Silvester represented the Claimant throughout including the settlement meeting where a damages of £2,200,000 were negotiated. Instructed by Ian Cummings, New-Law, Cardiff.

TG v Keltruck Limited – (December 2019)

Claimant suffered a catastrophic injury to his right leg in an accident at work when a mechanical lift crushed it. He needed a fusion of the ankle and remains at lifetime risk of a below knee amputation. High value claim. The Claimant lost his career as a mechanical engineer and was limited to non-skilled labour. He requires lifetime help with heavier domestic duties and home maintenance. He requires single storey accommodation and an adapted vehicle. Bruce Silvester represented the Claimant throughout including the ‘Independent Evaluation’ where a substantial settlement was achieved. Instructed by Philip Edwards of Clarke Willmott.

Asif Ahmed v Leon Maclean [2016] EWHC 2798 (QB)

Successful in High Court liability trial on behalf of a solicitor who suffered catastrophic spinal injuries leading to paraplegia in a mountain biking accident when under instruction by the Defendant. Led by Frank Burton QC.

RS v D - (June 2016)

The Claimant was struck by the Defendant’s minibus and received a very severe brain injury – Glasgow Coma Score of 3/15 at the scene. He also suffered serious shoulder and leg injuries. Trial in June 2016 before Mr Justice Soole in which the court awarded a PPO of £160,000 pa for life plus a Lump Sum £2.5m. Led by Robert Glancy QC. Instructed by Philip Edwards of Clarke Willmott.

Harris v Radford & Tesco Underwriting Ltd(July 2016)

The Claimant suffered catastrophic spinal injuries in a collision with the Defendant’s car. Tetraplegia which is motor complete at C6 level. The claim proceeded to trial in August 2016, but settled at a Joint Settlement Meeting just before trial. The settlement negotiated by Bruce Silvester comprised a lump sum of £4,192,659.55 and an index linked PPO of £125,049 pa to age 60 and £175,000 for the remainder of the Claimant’s life. Instructed by Hilton Obrey at NewLaw solicitors.

O’Mahoney v Stratton – (November 2015)

The Claimant, a 25 year old Trooper in the Household Cavalry, was struck by the Defendant’s taxi as he stepped off the pavement near to Kensington Barracks. Almost fatal brain injuries – in a coma for 2 weeks. Liability was forcefully denied, but with the help of excellent expert accident reconstruction evidence secured liability of 1/3. The Defendant also disputed the value of the claim, but after a long negotiation at a joint settlement meeting with opposing counsel, managed to agree a valuation at 100% of £1.5m which the client was happy to accept. Instructed by Matthew Brown, Irwin Mitchell LLP and represented the Claimant at all stages without leading counsel.

McIlhagga v. Majid – (December 2014)

The Claimant suffered serious head and spinal injuries in a quad- bike accident. Following the Court of Appeal decision of Mitchell v. News Group Newspapers [2014] 1 WLR 795, the judge at first instance refused to give the Claimant relief from sanctions (for late service of her witness statements and expert’s report) and as the claim was hopeless without such evidence, he struck it out. Bruce Silvester was instructed by the insurers of the original solicitors to advise on the merits of an appeal, and to represent the Claimant on the appeal before Mr Justice Males in the High Court on 4th December 2014. The appeal was successful and this very significant claim was re-instated for assessment of damages.

Bruce Silvester is a well-known international personal injury specialist who has been ranked in Chambers UK for a number of years. He generally appears on behalf of claimants in both single and multi-party matters, providing the full range of advocacy, advisory and mediation expertise in this complex area of law.

Notable International Travel cases


TC v Global Travel – (March 2020)

The Claimant suffered catastrophic spinal injuries when the coach she was travelling in left the carriageway in heavy rain and overturned. She is a T4/5 ASIA A paraplegic. Successfully applied for summary judgment against the First Defendant. Negotiated a settlement for £3.5m at Joint Settlement Meeting in March 2020. Acted throughout without leading counsel. Instructed by Philip Banks of Irwin Mitchell LLP, Birmingham.

CW and 96 Others v Thomas Cook (2019)

The Claimants suffered severe illness while on holiday at Marelen Hotel, Zante, Greece. A number of the Claimants had positive stool samples for the pathogen Cryptosporidium. Many continue to suffer from post-infective Irritable Bowel Syndrome. Liability in dispute. The Claimants rely upon the 1992 Package Travel Regulations. Counsel advised throughout the claim and conducted applications in court.

AF and Others v Virgin Holidays Ltd (2019)

Each Claimant contracted a gastrointestinal infection, mainly due to Cyclospora cayetanensis. Part of a group of over 100 clients who booked holidays to the Riviera Maya, Mexico. In or about 2016 the Claimants entered into written contracts with the Defendants for the provision of ‘all-inclusive’ package holidays from various dates in 2016/17. These claims arise out of a continuing outbreak of Cyclospora in Mexico.

Nolan and others v TUI UK Ltd - [2013] All ER (D) 191 and [2013] EWHC 3099 (QB)

The Claimants fell ill while on a cruise in the Mediterranean. The claim was originally brought on the basis of bacterial illness but the Claimants subsequently sought to amend their claim to allege that they had contracted norovirus, following expert microbiological evidence. Although the amendment was after the limitation period had elapsed Mr Justice Turner allowed it on the basis that the new cause of action did arise out of substantially the same facts as were already pleaded in the particulars of claim and defence taken as a whole.

Over 20 years experience in all aspects of clinical negligence.

Member of the PNBA and regularly attends the two day Clinical Negligence conference/residential seminar in Oxford.

Notable Clinical Negligence & Healthcare cases


Delayed oncological diagnosis

Brain injury due to failure to detect fractured skull and intracerebral hemorrhage

Obstetric / Gynaecological claims – birth injuries including cerebral palsy, stillbirths and failure to manage pregnancies

Failure of anaesthesia in emergency caesarean section

Gastroenterological claims – misdiagnosis, substandard surgery, failure to intervene

Claims involving the negligence of general practitioners

Fatal Accident claims

Recent News


Regulated by the Bar Standards Board (BSB)

Regulated by the Bar Standards Board (BSB) and holds a current practising certificate. To see my privacy notice click here.

  • University of London, Queen Mary College LLB

  • Personal Injury Bar Association
  • Professional Negligence Bar Association

2

  • TC v Global Travel – (March 2020): The Claimant suffered catastrophic spinal injuries when the coach she was travelling in left the carriageway in heavy rain and overturned. She is a T4/5 ASIA A paraplegic. Successfully applied for summary judgment against the First Defendant. Negotiated a settlement for £3.5m at Joint Settlement Meeting in March 2020. Acted throughout without leading counsel. Instructed by Philip Banks of Irwin Mitchell LLP, Birmingham.
  • KW (Protected Party) v Ontime Logistics Limited – (January 2020): The Claimant sustained a severe traumatic brain injury with permanent brain damage. Bruce Silvester represented the Claimant throughout including the settlement meeting where a damages of £2,200,000 were negotiated. Instructed by Melanie Ford, New-Law, Cardiff.
  • TG v Keltruck Limited – (December 2019): Claimant suffered a catastrophic injury to his right leg in an accident at work when a mechanical lift crushed it. He needed a fusion of the ankle and remains at lifetime risk of a below knee amputation. High value claim. The Claimant lost his career as a mechanical engineer and was limited to non-skilled labour. He requires lifetime help with heavier domestic duties and home maintenance. He requires single storey accommodation and an adapted vehicle. Bruce Silvester represented the Claimant throughout including the ‘Independent Evaluation’ where a substantial settlement was achieved. Instructed by Philip Edwards of Clarke Willmott.
  • Asif Ahmed v Leon Maclean [2016] EWHC 2798 (QB): – Successful in High Court liability trial on behalf of a solicitor who suffered catastrophic spinal injuries leading to paraplegia in a mountain biking accident when under instruction by the Defendant. Led by Frank Burton QC.
  • RS v D – (June 2016): The Claimant was struck by the Defendant’s minibus and received a very severe brain injury – Glasgow Coma Score of 3/15 at the scene. He also suffered serious shoulder and leg injuries. Trial in June 2016 before Mr Justice Soole in which the court awarded a PPO of £160,000 pa for life plus a Lump Sum £2.5m. Led by Robert Glancy QC. Instructed by Philip Edwards of Clarke Willmott.
  • Harris v Radford & Tesco Underwriting Ltd(July 2016): The Claimant suffered catastrophic spinal injuries in a collision with the Defendant’s car. Tetraplegia which is motor complete at C6 level. The claim proceeded to trial in August 2016, but settled at a Joint Settlement Meeting just before trial. The settlement negotiated by Bruce Silvester comprised a lump sum of £4,192,659.55 and an index linked PPO of £125,049 pa to age 60 and £175,000 for the remainder of the Claimant’s life. Instructed by Hilton Obrey at NewLaw solicitors.
  • O’Mahoney v Stratton – (November 2015): The Claimant, a 25 year old Trooper in the Household Cavalry, was struck by the Defendant’s taxi as he stepped off the pavement near to Kensington Barracks. Almost fatal brain injuries – in a coma for 2 weeks. Liability was forcefully denied, but with the help of excellent expert accident reconstruction evidence secured liability of 1/3. The Defendant also disputed the value of the claim, but after a long negotiation at a joint settlement meeting with opposing counsel, managed to agree a valuation at 100% of £1.5m which the client was happy to accept. Instructed by Matthew Brown, Irwin Mitchell LLP and represented the Claimant at all stages without leading counsel.
  • McIlhagga v. Majid – (December 2014): The Claimant suffered serious head and spinal injuries in a quad- bike accident. Following the Court of Appeal decision of Mitchell v. News Group Newspapers [2014] 1 WLR 795, the judge at first instance refused to give the Claimant relief from sanctions (for late service of her witness statements and expert’s report) and as the claim was hopeless without such evidence, he struck it out. Bruce Silvester was instructed by the insurers of the original solicitors to advise on the merits of an appeal, and to represent the Claimant on the appeal before Mr Justice Males in the High Court on 4th December 2014. The appeal was successful and this very significant claim was reinstated.
  • Stephen Blow v. Miss Maureen Millard – (QBD 22 May 2013): Successful in a liability trial at the High Court on behalf of a Claimant who suffered severe spinal, pelvic and head injuries, as a result of the collision between his motorcycle and the Defendant’s vehicle.
  • McCarrick v. Park Resorts Ltd – [2012] EWHC B27 (QB): Successful in a liability trial at the High Court on behalf of a Claimant who suffered very serious spinal injuries from diving into a shallow swimming pool resulting in complete tetraplegia.
  • Stych v. Dibble & Tradex Insurance Company Ltd. [2012] EWHC 1606: – successfully won liability trial for tetrapalegic Claimant injured when the vehicle he was travelling in overturned. Liability orginally contested by Tradex Insurance Company Ltd, pursuant to section 151(4) of the Road Traffic Act 1988 based upon an allegation by the Defendant insurer that he ‘knew’ that the driver was uninsured.
  • Mark Lynch v. CEVA Logistics Limited and another [2011] EWCA Civ 188; [2011] ICR 746: – successfully opposed Defendant’s appeal against finding of liability to Claimant (a non-employee) under reg.4 and 17 of the Workplace Regulations and at common law
  • Mark Barnes v. Scout Association [2010] EWCA Civ 1476; [2010] All E R 284: CA upholds judge’s finding of liability in negligence following an injury sustained during the course of a dangerous game played in the dark in the Scout Hall. CA found that the judge properly took into account the ‘social value of the activity’ and was correct in holding the Defendant liable for negligence.

"Bruce advocates with force and conviction. He is very experienced and calm in the face of difficult situations."

Legal 500 2024

"Bruce's appreciation of evidence is fantastic."

Chambers & Partners 2023

"Bruce gets great results."

Chambers & Partners 2023

"A very strong advocate whom is always on top of the issues, which engenders trust from clients at the outset. Consistently, he is pitted against leading counsel, and wins the day"

Legal 500 2023

"He is always extremely well prepared." "His case-craft is second to none - he identifies gaps in evidence at the earliest stage and knows how best to plug them, resulting in the cases being put forward at their absolute strongest."

Chambers UK Bar 2021

"Prepared to fight the toughest of cases and exudes confidence and belief."

Personal Injury, Legal 500 2021

"An excellent trial advocate." He is very thorough, has great attention to detail and is very easy to work with. He doesn't shy away from rolling up his sleeves and getting stuck into the case." "He is tenacious, thorough and a very good advocate. He builds a good rapport with clients and is assertive without being aggressive.""

Chambers UK 2020

"Extremely thorough in terms of preparation of the claim."

Personal Injury, Legal 500 2020

"He's very tenacious and is doggedly determined in securing the best possible outcome for his clients." "He is a very good advocate who is superb on his feet."

Chambers UK 2019

"He is always extremely well prepared." "His case-craft is second to none - he identifies gaps in evidence at the earliest stage and knows how best to plug them, resulting in the cases being put forward at their absolute strongest."

Chambers UK Personal Injury 2021

"He has a very keen legal mind." "An excellent trial advocate." "He is very thorough, has great attention to detail and is very easy to work with. He doesn't shy away from rolling up his sleeves and getting stuck into the case." "He is tenacious, thorough and a very good advocate. He builds a good rapport with clients and is assertive without being aggressive."

Chambers UK Personal Injury 2020

"Extremely thorough in terms of preparation of the claim."

Legal 500

"He is a fierce advocate who focuses hard on evidence, tackles complicated liability issues and runs the most difficult cases."

Legal 500 Personal Injury 2019

"A great advocate, well respected by clients and judiciary alike with a wealth of knowledge in this field and a determined and tenacious approach to litigation." "He is a pre-eminent lawyer for gastric illness cases and his approach is impressive." "He's amazing with clients and extremely committed.""

Chambers UK Travel: International PI 2018

"Very calm, very confident in his own abilities, not afraid of difficult cases." "Incredibly tenacious and single-minded in his pursuit of the client's objectives. He is very creative and always prepared to think outside the box."

Chambers UK Personal Injury 2017

"He will often get results that others would not."

Legal 500 Personal Injury 2016

"He is a very impressive and persuasive advocate; if there was a jury he would probably have them in the palm of his hand." He is a practical, fast-thinking lawyer who's also good at getting results." "

Chambers UK Personal Injury 2016

"He is a phenomenally hard worker. Every point is taken, and he doesn't miss anything." "His advocacy is superb, and he is regularly up against silks, often coming out on top"

Chambers UK Personal Injury 2015

"He's very forensic, good with experts, and demonstrates good attention to detail." "Pretty fearsome to come up against, he doesn't mince his words, is very thorough and is incredibly tenacious."

Chambers UK Travel: International PI 2015

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