- Raymond Machell QC
- Geoffrey Tattersall QC
- David Allan QC
- Winston Hunter QC
- Christopher Melton QC
- Simon Myerson QC
- James Rowley QC
- David Heaton QC
- Andrew Lewis QC
- Richard Pearce
- Sally Hatfield
- Mary Ruck
- Peter Burns
- Darryl Allen
- Benet Hytner QC
Chambers and Partners
| CALL | 1974 |
| SILK | 1995 |
| PRACTICE AREAS | Personal Injury Clinical Negligence Industrial Disease |
| APPOINTMENTS | Deputy High Court Judge Recorder Acting Deemster of The Isle of Man |
David Allan has appeared in many leading personal injury cases at first instance, in the Court of Appeal and in the House of Lords. He has extensive experience of major group litigation. His work covers serious brain and spinal injury, clinical negligence and industrial disease.
He was awarded Personal Injury Silk of the Year 2007 at the Chambers and Partners Bar Awards.
Reported cases
David’s cases are too numerous to list. Examples of recent reported cases are:
Thompstone v Tameside And Glossop Acute Services NHS Trust - First instance judgment 23 November 2006, Court of Appeal [2008] EWCA Civ 5 This medical negligence case was the first case to determine that periodical payments should be linked to an earnings measure ASHE 6115 rather than RPI.
Casey v Cartwright [2006] EWCA Civ 1280 Leading Counsel for the Claimant in the Court of Appeal in a case providing guidance as to the procedure in low velocity road traffic accidents
Appleton v. El Safty [2007] EWHC 631 (QB) Assessment of damages payable to former premiership footballer who was forced to retire following negligent medical advice and treatment.
David Allan has appeared in many of the most significant recent cases in the area of industrial disease. He is recognised as a national leading Silk in this area.
Major cases
Wilmore v. Knowsley Metropolitan Borough Council [2009] EWCA Civ 1211
Causation of mesothelioma and test of material as opposed to minimal contribution to risk of harm. Defendant’s appeal to the Supreme Court heard in October 2010.
Miners’ Respiratory Group Litigation
Instructed as Leading Counsel for the Claimants where judgment was obtained after the longest personal injury trial on record. Has continued to represent the Claimants under a scheme which has dealt with nearly 600,000 claims
Fairchild v Glenhaven Funeral Services Ltd [2003] IAC 32
Counsel for Claimant at trial, in the Court of Appeal and House of Lords, in the leading case on causation for asbestos induced injury. The Claimants were ultimately successful in establishing a new test for causation enabling many thousands of mesothelioma victims to recover damages.
Rothwell v Chemical & Insulating Co Ltd [2008] IAC 281
Leading Counsel for the Claimants at trial, in the Court of Appeal and House of Lords, on pleural plaque test cases which involved the nature of actionable injury.
Barker v Corus UK Ltd [2006] 2AC 572
Leading Counsel for the Claimant at trial, in the Court of Appeal and House of Lords, on the application of the Fairchild principle and the apportioning of damages.
Jeromson and Dawson v Shell Tankers (UK) Ltd [2001] PIQR P265
Leading Counsel at trial and in the Court of Appeal in an important decision on date of knowledge for asbestos induced injury.
Bradley v Eagle Star Insurance Co 1989 AC 957
Junior Counsel at trial in the Court of Appeal and House of Lords on a claim to determine whether an insurer could be sued where the insured was a dissolved company that could not be restored to the Register.
David is regularly instructed in high value complex clinical negligence claims, often arising out of birth injury. The vast majority of these claims are compromised and not reported. The are too numerous to list.
Reported cases
Lorraine v. Wirral University Teaching Hospital NHS Foundation Trust [2008] EWHC 1565 (QB)
Successful claim on behalf of infant claimant who suffered cerebral palsy as a result of the defendant hospital’s negligent failure to admit the claimant’s mother to hospital in the light of her medical history.
Kingsberry v. Greater Manchester strategic Health Authority [2005] EWHC 2253 (QB)
Successful claim on behalf of infant claimant who suffered cerebral palsy as a result of negligent attempt at forceps delivery on the ward as opposed to trial of forceps delivery in theatre.
David Allan QC
E: Contact by email
T: 0161 829 2100
F: 0161 829 2101
Byrom Street Chambers
12 Byrom Street
Manchester
M3 4PP