Mediation overview
Colm is an accredited Civil and Commercial Mediator (since 2015) as well as an associate of the Chartered Institute of Arbitrators.
He has been involved in numerous mediations concerning a wide range of civil work including property disputes, contractual disputes, clinical negligence, personal injury and professional liability (solicitors). As a facilitative mediator, Colm will not seek to impose his own view of the dispute on any party and will explicitly decline to express a view on merits of the underlying action unless expressly requested by all parties.
He has been listed as a leading individual in both Legal 500 and Chambers and Partners for many years and is noted for his ability to handle apparently intractable and difficult disputes.
Colm has been instructed on countless occasions as an advocate in mediation and ADR. He brings a wide-ranging breadth and depth of knowledge of litigation and legal procedure to any mediation.


Areas of expertise
- Clinical negligence & personal injury
- Personal injury
Personal injury
Solicitors and insurers recognise Colm’s extensive experience in dealing with high value injury and complex injury claims particularly where exaggeration or credibility issues arise or where fraud is suspected.
Recommended by Legal 500 as a leading junior in this area, he is also regularly instructed in cases with technical aspects on liability (e.g. construction site accidents or product liability) or quantum (e.g.self-employed/business losses claimed, complex medical history and causation issues, life expectancy and cost of care arguments).
Colm has specific expertise in catastrophic injury claims, employers’ & public liability (including disease), multi-party actions, product liability, sports/leisure related claims, RTAs and costs issues. He is a successful appellate advocate: in the County Court, High Court and Court of Appeal. He advises on a range of insurance law and costs issues arising out of, principally, employer’s liability, public and product liability claims. Colm’s professional clients value his attention to detail, client-handling skills and compelling arguments in court.
Colm has appeared in Inquests and in the criminal courts on HSE Prosecutions to represent and defend clients interests ahead of anticipated civil proceedings. These include medical implant complaints, deaths at work as a consequence of allegedly defective equipment, and deaths in motor accidents; as well as advisory work concerning the approach to these types of proceedings in circumstances where the findings may well be used to support Fatal Accident claims at a later stage.
He is regularly instructed for round-table settlement meetings and mediations negotiating favourable compromises in high value claims.
He is presently instructed as sole Counsel in a range of catastrophic injury claims for brain injury, psychiatric harm, and serious limb injury claims exceeding £1 million.
Recent cases
- Hannon v LBH (2012) – Lawtel: DPA claim by tradesman who suffered major injury when bannister removed a san aesthetic feature by tenant. Succeeded on liability in QBD and thereafter negotiated substantial damages in settlement meeting.
- Gill v Hassan (2012) – Lawtel: Successful Ward v Tesco claim at first instance and in the Court of Appeal. Written submissions requested in the Supreme Court led to the matter being dismissed on paper.
- Sharma v Noon (2011) – Lawtel: EL claim involving machine injury to hand. Succeeded on liability and thereafter on Ogden 7 Award before the QBD.
- Dodd v Raebarn Estates (2013): Acting for leaseholder in multi-party fatal accident claim were deceased was killed by (allegedly) defective stairwell.
- Yeomans v Technopali (2012): Acting for major industrial manufacturer in complex claim where specialist repair operative severely injured during the course of the repair itself. Arguments centred on applicability of PUWER in such cases.
- Oddy v C.C. (2013): Acting for major drinks manufacturer in EL claim based on psychiatric injury occasioned by release of caustic solution.
- Tewes v Osborne (2013): Acting for national building contractor in substantial claim brought for genuine injury. As a consequence of Colm’s involvement due to concerns about exaggeration, the entire claim was abandoned.
- Nuttal (2013): Successfully obtained admission of liability in substantial personal injury claim arising out of Zorbing activity.
- Littlejohn (2013): Moderate brain injury claim to minor resulting in lifetime loss claim. Colm is instructed as lead counsel against a KC.
- Mohammed v CIS (2013) – Lawtel: Successful strike out of multi-party RTA claim at interlocutory stage following defence of fraudulent conduct.
- Walsh (2013): Acting for would-be trainee solicitor who suffered a moderate right-sided stroke a week after a low velocity whiplash claim. Causation disputed. Claim settled for precisely £1m.
- Simeone v Weekes (2013): Successfully secured finding of 100% liability against boat owner when new employee fell through the hatch and very seriously injured leg/ankle. Quantum claim transferred to High Court when damaged claimed reached £3m. Later settled on confidential terms.
- Peverill v LBH (2011) – Lawtel: Successful liability claim in contested highways claim. Issue was whether the HWA frequency of inspection was appropriate, and the proper classification of the section of highway concerned, it being a crossover.
- Brennan (2013): Complex injury claim in which claimant is involved in multi-jurisdictional maintenance with on-going shoulder injury. Liability for injury as cyclist disputed.
- Barling v Dye (2013): Head injury following cycle accident resulting in subtle brain injury. Issue is whether the court should make any reduction for C now wearing a cycle helmet.
- Andrews v RAC (2013): C was an official taking part in a semi-amateur race meeting when a car left the track and seriously injured him. Issue was the layout of the track (the angle of the corner) and the adequacy of the safety measures. Liability determined in C’s favour, quantum yet to be determined.
- Da Silva (2012): Chronic pain case in which experts were at loggerheads over whether client had CP and allegations of fraudulent exaggeration. Settlement figure confidential but substantial.
Employers’ Liability
Colm is recognised for his expertise in employers’ liability cases. He is regularly instructed in claims arising principally out of serious injury accidents and fatalities.
He is instructed both to bring and defend high value claims for EL insurers (especially in claims where exaggeration and/or fraud is suspected), and to bring and defend contribution proceedings and recovery actions arising out of EL claims.
Colm has also appeared to defend and represent companies (and occasionally individuals) facing Health and Safety Prosecutions and/or criminal charges relating to use of machinery or vehicles as a precursor to an injury claim.
Relevant cases
- Sharma v Noon (2011) – Lawtel: EL claim involving machine injury to hand. Succeeded on liability and thereafter on Ogden 7 Award before the QBD.
- Yeomans v Technopali (2012): Acting for major industrial manufacturer in complex claim where specialist repair operative severely injured during the course of the repair itself. Arguments centred on applicability of PUWER in such cases.
- Oddy v C.C. (2013): Acting for major drinks manufacturer in EL claim based on psychiatric injury occasioned by release of caustic solution.
- Tewes v Osborne (2013): Acting for national building contractor in substantial claim brought for genuine injury. As a consequence of Colm’s involvement due to concerns about exaggeration, the entire claim was abandoned.
- Simeone v Weekes (2013): Successfully secured finding of 100% liability against boat owner when new employee fell through the hatch and very seriously injured leg/ankle. Quantum claim transferred to High Court when damaged claimed reached £3m. Later settled on confidential terms.
Public Liability
Colm has extensive experience in public liability cases arising out of fatalities and serious injuries for both insurers and Claimants.
Relevant cases and work
- Gill v Hassan (2012) – Lawtel: Successful Ward v Tesco claim at first instance and in the Court of Appeal. Written submissions requested in the Supreme Court led to the matter being dismissed on paper.
- Hannon v LBH (2012) – Lawtel: DPA claim by tradesman who suffered major injury when bannister removed a san aesthetic feature by tenant. Succeeded on liability in QBD and thereafter negotiated substantial damages in settlement meeting.
- Dodd v Raebarn Estates (2013): Acting for leaseholder in multi-party fatal accident claim where deceased was killed by (allegedly) a defective stairwell.
- Nuttal (2013): Successfully obtained admission of liability in substantial personal injury claim arising out of Zorbing activity.
- Peverill v LBH (2011) – Lawtel: Successful liability claim in contested highways claim. Issue was whether the HWA frequency of inspection was appropriate, and the proper classification of the section of highway concerned, it being a crossover.
- Andrews v RAC (2013): C was an official taking part in a semi-amateur race meeting when a car left the track and seriously injured him. Issue was the layout of the track (the angle of the corner) and the adequacy of the safety measures. Liability determined in C’s favour, quantum yet to be determined.
- Da Silva – (2012): Chronic pain case following fall outside an hotel in which experts were at loggerheads over whether client had CP and allegations of fraudulent exaggeration. Settlement figure confidential but substantial.
Road Traffic
Colm regularly acts in road traffic cases both for insurers and Claimants and has enormous experience of such cases at trial.
Relevant cases
- Littlejohn (2013): Moderate brain injury claim to minor arising from a car accident resulting in lifetime loss claim. Colm is instructed as lead counsel against a KC.
- Walsh (2013): Acting for would-be trainee solicitor who suffered a moderate right-sided stroke a week after a low-velocity whiplash accident. Causation disputed. Claim settled for precisely £1m.
- Brennan (2013): Car accident involving cyclist. Complex injury claim in which claimant is involved in multi-jurisdictional maintenance with an on-going shoulder injury.
- Barling v Dye (2013): Head injury following cycle accident resulting in subtle brain injury. Issue is whether the court should make any reduction for C now wearing a cycle helmet.
Occupiers’ Liability
Colm has extensive experience in occupiers’ liability cases arising out of fatalities and serious injuries for both insurers and Claimants. Colm has written articles and lectured on the duties of occupiers in open spaces.
- Product liability
Product liability
Colm has extensive experience in product liability cases arising out of serious injuries and property damage for both insurers and Claimants.
He is regularly instructed by major appliance manufacturers to defend product liability claims.
Colm has been instructed in claims involving all manner of consumer goods causing injury or potential damage.
- Personal injury
- Insurance funded disputes
Insurance funded disputes
Colm regularly acts in personal injury and negligence claims involving insurers. You can see details of his experience in the Personal Injury and Professional Liability sections of his profile.
- Legal professionals
Legal professionals
Colm has represented claimants in a wide range of professional negligence actions involving surveyors, architects and other professionals arising out of construction accidents and product liability claims as well as defendants and claimants in actions against solicitors concerning their conduct of personal injury action.
Recent cases
- Hayes v Solicitor (2012): Defending professional negligence claim. Claim settled for 3% of £650,000 special damages schedule following service of the counter-schedule.
- Ruberia v (Construction Company) (2013): Substantial dispute involving the refurbishment of large tenanted property which has led to the likelihood of it requiring demolition.
CSR & pro bono
Social engagement and community activism are central to Colm’s work ethic. Since joining the Bar, he has always been involved in and dedicated a substantial amount of time each year to pro bono work.
He is an ambassador for Advocate, the Bar Council’s pro bono scheme, and regularly handles substantial matters on their behalf. He also works with leading politicians to promote community activism at government level.
Directory recommendations
Colm is recommended by Chambers UK and Legal 500 for Personal Injury.
- “Colm is tactically brilliant. He gets into the bones of a case and has a very keen eye for how to strategise through the nuances of litigation.” (The Legal 500, 2024)
- “He is a very technically skilled barrister. He will really drill down to the detail, and his written arguments are very effective and persuasive.” (Chambers and Partners 2024)
- “Colm is very easy to work with and provides clear and concise advice.” (Chambers and Partners 2024)
- “Colm has a real expertise for technical arguments.” (Chambers and Partners 2024)
- “Colm has a real talent to make the client feel at ease when dealing with difficult subjects and provides clear and straightforward advice.” (Chambers UK, 2023)
- “Colm is very impressive on his feet.” (Chambers UK, 2023)
- “Colm is a future silk. He is commanding, persuasive and a great communicator.” (The Legal 500, 2023)
- “Calm but also very tenacious which is a fantastic combination when fighting tough cases.” (The Legal 500)
- “He’s brilliant at talking to clients in a sensitive and straightforward way. He is reassuring, but also good at telling the truth.” (Chambers UK)
- “A natural eye for detail who is able to carry out astute assessment of risk.” (The Legal 500)
- “He’s a very charming advocate who is good with both judges and witnesses” (Chambers UK)
- “Impressive in both his paperwork and advocacy” (Chambers UK)
- ‘Calm but also very tenacious which is a fantastic combination when fighting tough cases’ (The Legal 500)
- ‘He has an unerring eye for a winner and is prepared to back his assessments to the hilt. He has a staggering appetite for work.’ (The Legal 500)
- “His preparation for court hearings is meticulous and he is a highly persuasive advocate” (Chambers UK)
- “His speed in understanding and assimilating the issues in any case is always impressive” (The Legal 500)
Professional associations
- Personal Injury Bar Association
- Professional Negligence Bar Association
- British Insurance Law Association
- Employment Law Bar Association
- London Common Law Bar Association
Publications
Contributor to Paul Reed KC’s Construction All Risks Insurance, Sweet & Maxwell, 2014.
‘Early Neutral Evaluation: how might it assist your client?’, Expert Witness Journal, June 2022.
Qualifications
- B.A. (Kent)
- Colm came to the Bar from employment at Smithkline Beecham (now Glaxo Smithkline)
Webinars
Colm regularly provides webinars for various organisations including Practical Law and MBL. If you have access to Practical Law and/or LexisNexis, you will be able to watch his latest ones:
- Persuading the court: obtaining relief from sanctions (Practical Law)
- Persuading the court: resisting strike out and summary judgment applications (Practical Law)
- Persuading the court: setting aside a default judgment (Practical Law)
- Challenges in Brain Injury Claims’ looks at the legal position and provides some practical tips when taking these cases to trial (LexisNexis)