Charles Bagot KC
Charles represented the successful Respondent/Claimant in an appeal concerning a discretionary extension to the limitation period under s.33 of the Limitation Act 1980, where the claim was issued 18 years after the expiry of the primary limitation period and the allegedly negligent surgeon had died in the meantime. See his article about the case featured in this newsletter (and first published by LexisPSL).
If your work includes mesothelioma cases, you may be interested to know that the first appeal to the Upper Tribunal concerning the Diffuse Mesothelioma Payment Scheme, in which Charles Bagot QC acted pro bono for the widower of a young mesothelioma victim via the Free Representation Unit, which clarifies some key principles in relation to the scheme, is now reported in the Weekly Law Reports at: DP v TopMark Claims Management Ltd  1 WLR 3591 (UT). A link to the Law Report can be found here. Charles’ article from earlier in the year on the appeal is here.
Charles continues to represent NHS Resolution, Insurers and Claimants in some of the largest and most complex injury and clinical negligence claims. Charles has been assisting with the clarification of the expert evidence for insurers where a Claimant was pursuing a 7-figure claim contending that a minor RTA was the cause of a catastrophic stroke she suffered about 30 minutes later. Following exchange of expert evidence and a joint meeting, the Claimant accepted an offer of just £10,000.
Charles Bagot QC and Helena Drage continue to represent a major Hollywood star against whom a former employee is bringing a claim alleging liability for a serious arm injury sustained in a boating accident, at the Bahamian resort owned by the star.
Charles has also been sitting as a Deputy QB Master on range of procedural hearings in large PI, Clinical Negligence and Abuse claims, as well as a Recorder in the County Court.
Colm Nugent has been engaged in a number of interesting matters in the last month:
RA – Brain injury case involving man taken off his bicycle and sustaining a head injury. Suffers loss of higher-end function in a successful entrepreneur resulting in loss of his consultancy business. The issue is to what extent loss of some function in a very high performing individual sounds in damages.
BA – final settlement of brain injury case which has been running for about five years and in which one aspect of C’s injury was that he was adamant he was entirely fine and the whole claim was pointless.
MH – settlement just before trial of lady who lost her finger as a result of an (allegedly) defective fire door at work which removed part of her finger when she was exiting the room. Expert evidence was unable to agree the extent to which British Standards and regulations applied to door closing mechanism.
IA – client had been recommended to accept a £30,000 offer for a long-term shoulder injury at his work in a cash & carry. He had offered to accept £55,000 in a P36 offer. Colm was then instructed and within three months the case had settled for a substantial six-figure sum.
Colm’s cross-over expertise between personal injury/health and safety and landlord and tenant matters (he has been involved in a number of reported cases concerning the Defective Premises Act) led to his recently being instructed in a novel matter, LvT – in which he was instructed to advise on Covid 19 compliance and whether a failure to adhere to the guidance could result a repudiatory breach of the lease/licence agreement.
Jasmine Murphy continues to be instructed in several Montreal Convention claims where injury has arisen in a variety of ways which are alleged to be Convention “accidents” on aircraft and at airports. She has been busy with Joint Settlement Meetings in high value cases including where a dominant wrist fracture led to chronic pain.
Henry Slack has been involved in some interesting matters. He represented Defendant Insurer in Cotgrave v DTZ Management at a JSM where he settled the claim pleaded at just over £1 million for £285,000. Instructing solicitor was Eversheds Sutherland. He also represented the respondent insurer in Brown v AXA Insurance Ltd in an appeal to HHJ Simpkiss following a fast track RTA trial in November 2019. The appeal was dismissed.
Gemma Witherington has been instructed by a number of insurers this month and has been advising on policies and matters of coverage. She is also advising on costs recovery following a trial in the Bahamas (sadly she did not get to fly over there for “research purposes”).
She continues to act for a range of clients in respect of EL and PL matters. She appeared in the High Court on an interim application in a complex and high value secondary victim claim, ahead of the trial listed in spring next year. She has also appeared for the successful Claimant in a multi-party road traffic accident claim, via CVP.
Gemma has been sitting as a Deputy District Judge and Civil Recorder. Her focus for the rest of the year is trying to hide Christmas presents from her inquisitive son!
Nye Moloney has settled a long running clinical negligence claim arising out of negligent knee replacement surgery for a six-figure sum on behalf of the claimant. He has also settled a consent claim concerning spinal surgery performed on a child. He has recently been instructed in a number of claims arising out of delays in referral and diagnosis, and a claim concerning an ambulance crew’s failure to transfer a head injury patient to hospital. He delivered a well-attended webinar on claims arising from delays in diagnosing cancer. On the personal injury side, Nye successfully defended a multi-track trial concerning a 3 vehicle motorway accident. In another recent trial acting on behalf of a defendant, the claimant abandoned his claim at half-time following Nye’s cross examination of him. Nye has also been instructed in a high value claim arising out of a serious injury suffered in an HGV yard.
Helena Drage has had a busy month. She acted for the successful Defendant in the trial of the Claimant’s claim for injuries arising from a low velocity road traffic accident. The Defendant was successful in dismissing the claim and obtaining a finding of the Claimant’s fundamental dishonesty on the basis that the accident was not of sufficient force for the Claimant to have sustained any injury.
She also acted for the successful Defendant in the trial of the Claimant’s claim for injuries alleged to have arisen as a result of the Defendant driver’s alleged assault and battery of the Claimant whilst the Claimant was a passenger on the Defendant’s bus. The Judge found that the Defendant’s driver acted at all times in self-defence and, in any event, the Claimant had not proven his case on causation.
Helena settled pleadings on behalf of the Claimant in a claim against a Defendant pharmacy. The claim arises from the Defendant’s alleged inadvertent cessation of the Claimant’s repeat prescription medication.
She also settled pleadings (as Junior counsel) on behalf of the Claimant in a claim for severe orthopaedic and brain injuries arising from a road traffic accident.
Helena advised the Claimant on the merits of a claim arising from a Defendant NHS Trust’s alleged negligence during a surgical procedure resulting in iatrogenic injury.
She also advised the Claimant on the merits of a claim arising from negligent dental treatment.
Emma Woods has been very busy since joining the Clinical Negligence/Personal Injury team in October. She has been instructed in several claims arising out of road traffic accidents. She has advised on the prospects of a finding of fundamental dishonesty, and also advised on quantum where the Claimant had sustained a wrist fracture.