Simon has extensive experience in all areas of personal injury work. He regularly is instructed in cases involving catastrophic injuries, traumatic brain injuries, and amputation. He is instructed in employers’ liability claims, fatal accidents claims, road traffic accident claims – particularly accidents involving motorcycles – and public liability claims.
He has a particular interest in: brain and head injury; spinal injuries; amputation; chronic pain; and fatal accident cases.
Simon can be relied upon to manage cases involving multiple expert disciplines, and to draft detailed and comprehensive Schedules and Counter-Schedules. He consistently conducts serious and catastrophic injury claims and defences, both on his own and as junior counsel. In recent years he has helped secure £3.2 million and Provisional Damages for an ASIA C spinal cord injured client; £4.25 million for a woman, in her 50s, who suffered an above knee amputation; £1mill for the widow and children of a man, killed in a motorcycling accident; and £4.833 million and Provisional Damages for a man who suffered traumatic brain injury in a road traffic accident.
Simon is a contributor to the APIL Catastrophic Injuries Guide, 3rd edition
Notable Personal Injury cases
In re: Kelly (MIB award May 2022).
Simon was asked to advise and prepare a schedule of loss for a Claimant under the Motor Insurer’s Bureau untraced driver’s agreement. The Claimant suffered a traumatic brain injury, which effected his ability to manage his four optician’s practices, as well as expand his business. Procedural irregularities and delay on the part of the MIB complicated matters, but eventually it was persuaded to make an award in excess of £1million.
Oldham v Giuroius (approval April 2022)
Simon was asked to advise and assist in the preparation of the Schedule of Loss in a Fatal Accidents Act claim involving the primary child carer in the family. Settlement was approved by Master Dagnall on 13th April 2022.
Pearce v Cheyney (settlement at PTSH 8th November 2021)
(settlement at PTSH 8th November 2021). The Claimant was a Refuse Lorry Driver who, whilst driving down a country lane, lost control and collided with a probably stationary tractor. He suffered nasty leg injuries as a result. The claim was presented on the basis that the Lorry skidded on mud, deposited on the road by that tractor as it had been working in an adjacent field. That mud was on the road and/or had caused the collision was hotly contested. Simon was first involved in the claim around 2 ½ years post-accident, at a time when the owners of the farm had refused to engage. He pleaded the claim, advised on liability, evidence and tactics, and, ultimately represented the Claimant at a successful Pre-Trial Settlement hearing some 3 ½ years later.
Dolan v Stevens & Anr (settlement May 2021)
Simon was asked to advise and represent the Defendant to a claim by a self-employed tradesman injured whilst carrying out renovations to a flat owned by the Defendant. Simon provided practical advise on tactics, evidence and procedure, drafted the defence and represented the Defendant at Court hearings. The matter was brought to a cost-effective conclusion in circumstance when, due to QoCS, the Defendant would have incurred substantial costs defending the claim through to trial.
In re: Duffy (MIB award January 2021)
Simon was asked to advise and prepare a schedule of loss for, a Claimant under the Motor Insurer’s Bureau untraced driver’s agreement. The Claimant suffered an AIS-D spinal cord injury as a result of a road traffic accident. The award was in excess of £2million plus the MIB equivalent of Provisional Damages.
Wapshott v Singh & Ors (settlement December 2020)
The Claimant, represented by Simon, was a pillon passenger on a motorcycle which, unbeknown to her, was stolen. It was involved in a collision with another vehicle, which may or may not have been insured at the time. The Claimant suffered a traumatic brain injury as a result. However, the Claimant’s helmet came off in the accident and contributory negligence was alleged. Successful settlement was achieved involving the two drivers, two road traffic insurance companies and the Motor Insurer’s Bureau
Liste v Cocklin & Anr (settlement October 2020)
The Claimant was involved in a road traffic accident, in which contributory negligence was alleged. At hospital her treatment fell below an acceptable standard, such that those advising the Claimant felt it amounted to gross negligence. Claims were brought against both the other driver involved in the accident and the hospital. Simon assisted in both quantifying and settling this complex case, which was made more difficult by allegations of fundamental dishonesty.
Beveridge v Homan & Anr (settlement September 2020)
Liability disputed employer’s liability claim, in which employee injured whilst attending another’s premises. Contributory negligence was a significant issue. The Claimant suffered an AIS-C spinal cord injury. Settlement agreed at £3million gross.
Clarke v Axa Insurance (settlement June 2020)
Successful settlement of a claim brought behalf of man who suffered traumatic brain injury as a result of a road traffic accident. Settlement for £4.9million plus Provisional Damages.
Coulter v Waktins (High Court, 4th, 5th & 6th October 2016, HHJ Wood QC sitting as High Court Judge; and settlement 4th April 2020)
Liability established at trial against motorist who collided with Claimant. At the time, the Claimant, who was 12, was on a skateboard. Issue in the case centred upon whether the Claimant was lying on the skateboard at all material times, as so hidden from the Defendant’s view. Quantum involved assessing the damage done to the Claimant’s professional footballing career.
Karir v Anwar & Anr (settlement September 2019)
Successful resolution of fatal accident claim, in which main dispute was the extent to which an Asian man’s children would have remained dependent upon him.
Wortt v Centre Parcs (settlement May 2019)
Simon assisted in the settlement of the claim of a Claimant who suffered a complete spinal cord injury following a slip in the showers at the Defendant’s swimming pool. Liability was denied initially, and quantum proved contentious due to the Claimant’s age and disputes as to life expectancy.
Osborne v Bourne Leisure  2 WLUK 626
Successful claim on behalf of woman seriously injured during a game of musical chairs at a holiday park
Clarke v MIB (settlement April 2019)
Simon advised the Claimant in a long standing MIB untraced drivers case. The Claimant suffered very significant injuries to her pelvis in a road traffic accident. At the time she was pregnant. Fortunately, her baby was unharmed. However, complications during delivery of the child, arising from the accident, resulted in it being necessary for a total hysterectomy to be carried out. Simon’s advice included tactical considerations, when dealing with the MIB under the untraced drivers scheme.
Thewedros v City of Westminster (HHJ Bailey, Mayor’s and City of London Court 8th to 10th January 2019; and settlement 4th March 2019)
Successful claim brought on behalf of schoolboy assaulted in playground by a group of boys. The Defendant contended that there were at least four teachers on duty at the time and, so, it could not have prevented the assault. The Claimant developed serious mental illness a number of years the assault, the causation of which was disputed. Settlement involved pragmatic approach to management of the fund received by the Claimant.