Activity report: what we've been up to
Charles Bagot KC
Charles and Jasmine Murphy are acting for Deutsche Lufthansa in relation to a claim by a former male model who is suing the German airline for £7million in lost earnings. He alleges that a fall at the airport left him with an exacerbated squint. You can read the Daily Mail article here.
Charles has also provided expert reports on various points of English Law and Procedure as an expert witness for a Dutch Court.
He acted for the successful appellant in an appeal concerning the circumstances in which a party is entitled to serve at a defendant’s ‘last known address’ and considering whether a second action amounts to an abuse of process where the claim has previously been brought as a counterclaim to an earlier action but was struck out for the failure to pay the correct court fee: Sajid v Nuur (2018) CLCC 30 July, HHJ Roberts.
In the past month Colm appeared in a Second Appeal to the Court of Appeal on the applicability of the Fixed Costs Regime in MIB claims. The Appeal was compromised immediately upon permission having been granted. He has recently been instructed on a further Costs Appeal to be heard this week.
He has been instructed in an equestrian claim concerning liability of a riding school for a lifelong injury to a professional horse rider. He is also acting for a major utility provider concerning a fatal scalding injury to a disabled customer and in a catastrophic lower limb injury claim concerning the operation of an excavator.
His long-running involvement in a negligence action against a paid McKenzie friend continues and he has been instructed in another claim against an expert instructed by the opposing party, for damages arising out of the conduct of that expert. These claims give rise to highly contentious areas such as the duties owed by experts to the party who has not instructed them.
Outside of chambers, Colm took part in the recent ‘Memory Walk’ to raise money for dementia research.
Henry has been dealing with several cases alleging fundamental dishonesty as well as tackling a claim where the defendant is alleging the unusual defence of automatism.
He is also handling an appeal dealing with the twin issues of (i) a judge altering their judgment and (ii) substituting a dismissal of a claim rather than striking it out in circumstances where costs protection under QOCS applies under a dismissal but not a strike out.
As well as the Lufthansa case above, Jasmine recently successfully defended a s.33 Limitation Act 1980 application in a road traffic accident claim where it was alleged in addition that the defendant was estopped from raising a limitation defence.
Gemma appeared in the High Court on behalf of the NHS and successfully struck out a secondary victim claim on the basis that it had no reasonable prospects of success of establishing the control mechanisms to succeed on such a claim. The Judge found that the Claimant was not proximate in space or time to the negligence to the primary victim.
She has also appeared in a variety of successful trials on employers’ liability and public liability matters.
Dr Robert Whittock
Robert has been acting for insurers in travel sickness claims eliciting evidence during cross examination that has undermined the claimants’ credibility resulting in their claims being dismissed.
He has also been acting on the other side of the fence and has settled both a brain injury case (led by Colm Nugent) at a JSM and a complex clinical negligence case, concerning a failure to carry out spinal surgery, at mediation.
Nye acted in a 2 day multi-party trial of limitation as a preliminary issue. He is being led by a leading QC on behalf of the claimant in a delay in diagnosing cancer case with causation issues relating to material contribution.
Nye was successful in securing a finding of fundamental dishonesty against 3 claimants who falsely alleged that they were wearing seatbelts. He also secured favourable settlements on behalf of claimants in several high value clinical negligence cases.
Over the past six months Helena has been instructed on numerous accident abroad claims. She advised and pleaded a claim relating to an accident in Italy which fell outside of the 1992 Regulations. She was also successful in striking out a claim where the claim similarly fell outside of the 1992 Regulations and the claim in contract failed. In addition, she advised on law and procedure relating to an accident which took place in Zimbabwe where the applicable substantive law was either that of Zimbabwe or South Africa.
Helena advised on a claim involving interesting issues as to the concept of “occupation” under the OLA 1957 and achieved a sum substantial for the Claimant in that case. She has recently been instructed as junior counsel to the Grenfell Tower Inquiry and is working on issues pertaining to the construction and renovation of the Tower.