Johnathan Payne

Instructed to represent seriously injury claimants and to defend insurers and corporate clients.  Regularly instructed in multi-million-pound personal injury litigation involving brain and spinal injuries.  Johnathan will often take on difficult personal injury claims which have been rejected by other counsel.  He has advised in diverse litigation ranging from the Ladbroke Grove rail accident in 1999 to the current Covid-19 litigation in the Kings Bench Division.

Johnathan has been involved in cases of significance to the practice area including Edwards-Tubb v. JD Wetherspoon [2011] EWCA Civ 136 (‘the expert shopping case’).  He appeared alone before the Master of the Rolls and Lord Justice Hughes shortly before their elevation to the Supreme Court.  This case remains the leading authority on conditional expert orders.

He has also been involved in litigation which defined the extent of the duty of care for the entertainment industry in England and Wales for instance in Evertt v. Comojo (UK) Ltd [2011] EWCA Civ 13.

He is regularly involved in high profile litigation which represents significant media reporting.

He has been granted permission to appeal on a pending case on the developing area of independent contractors and vicarious liability (temporary deemed employees).

Notable Personal Injury cases

A v. X

Representing an insurer in a claim resulting from a fairly innocuous injury which it is said led to chronic pain resulting in the claimant becoming wheelchair-bound and dependant on others. The claim is pleaded at £5 million.

B v. X

Representing the defendant in a claim resulting from an accident where the claimant was rendered paraplegic. The claimant brought a claim for damages relating to a premises which were said to be unsafe. The claim was pleaded at in excess of £2 million.

C v. X

Representing a claimant in a complicated brain injury claim where liability was in issue and a fundamental dishonesty was raised on causation.

D v. X

Representing the insurers of a care home being sued in the High Court for breach of duty leading to long-Covid. This was the first known case to go through the court system at the time it was brought. This has been made the subject of a GLO.

E v. X

Representing the insurer in a personal injury claim brought by a claimant who induced an arc explosion (and thereby sustained serious injury). The claim focused upon the respective duties of the employer and the employee and ultimately dealt with the often thorny issue of author of their own misfortune. Johnathan was successful at trial and on appeal ultimately the case went before the Court of Appeal.

F v. X

Representing a member of the Metropolitan Special Escort Group who was seriously injured on operational duties whilst escorting a member of the Royal Family.

G v. X

Representing a protected beneficiary in a disputed multi-million pound liability road traffic collision which examines all aspect of personal injury litigation from liability, causation and quantification (the major aspects being care and accommodation provision for a brain damaged claimant).

H v. X

Representing an ex-serviceman who was seriously injured in an incident where he was restrained and seriously injured by security staff. Following a lengthy trial on liability the claimant was successful in establishing liability despite a fierce battle on liability.

I v. X

Representing the defendant in a multi-million pound claim brought by the estate of a man who died whilst attending a licenced establishment.

J v. X

Representing a claimant in a multi-million-pound claim resulting from a fall from height resulting in life changing spinal injuries. The employer was prosecuted by the HSE and fined significantly. Despite this liability remained in issue as did causation until shortly before trial.