- 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
- Sally Hatfield QC
- Richard Pearce
- Mary Ruck
- Peter Burns
- Darryl Allen
- Simon Kilvington
- Benet Hytner QC
Legal 500, 2011
|CALL||1993 (Gray's Inn)|
|PRACTICE AREAS||Personal Injury
Multi Party Litigation
Inquiries and Inquests
|ASSOCIATIONS||Personal Injury Bar Association|
Peter had practiced in personal injury litigation since undertaking his pupillage at Deans Court Chambers in 1993. He advises and appears on behalf of claimants and defendants. He has extensive experience of the whole spectrum of catastrophic injury claims, including spinal injury, brain injury and amputation. His caseload consists predominantly of claims valued in excess of £500,000 and he regularly undertakes claims valued substantially in excess of £1m. He has extensive experience of Joint Settlement Meetings and mediations.Concluded cases
Tomlinson v Congleton  AC 14. Instructed by the Defendant in the House of Lords in a landmark case concerning occupiers’ liability arising from natural dangers in which guidance was given as to the importance of free will and the social utility of activities when addressing breach of duty. (With Raymond Machell QC).
Yates v Westminster Council. Social worker’s negligence claim. The Claimant, a paranoid schizophrenic, suffered cauda equina syndrome and serious orthopaedic injury after jumping from a 4th floor balcony. Settled for £1.73m net of 25% liability discount on a provisional basis with an entitlement to further damages in the event of the Claimant requiring lower limb amputation.
X v Y. Instructed by Defendant in a claim arising from a catastrophic brain injury suffered in a road traffic accident. The Claimant pre-accident was a drug dependent prostitute, giving rise to significant issues as to unmet need/causation. Settled for £1.25m net of 25% liability discount.
Dawson v Riccioni. The Claimant suffered catastrophic brain injury in a road traffic accident. Settled for £2m.
Rostron v Pets Choice. The Claimant suffered severe orthopaedic and bowel injuries when she was crushed by a fork lift truck. Settled at £1.75m net of 10% liability discount.
Smith v Clarke. Represented Defendant in a claim brought by the victim of a road traffic accident who was rendered a ventilator-dependent quadriplegic. Settled at £5.5m capital award plus £350,000 per annum PPO. (With Raymond Machell QC).
Scott v DHL. Employer’s liability claim arising from a lorry driver who drove into collision with a low bridge suffering catastrophic brain injury. Substantial liability issues. Pleaded at £3m, Settled at £800,000.
Smith v ACS. Instructed by Defendant in a claim arising from a fall at work rendering the Claimant paraplegic. Significant dispute on liability. Settled at £1.25m, representing 50% of the full liability value of the claim.
Merga v PMT. Employer’s liability claim arising from an ‘overpour’ in a foundry. The Claimant suffered full thickness burns to 60% of his body surface. Settled at £875,000.
Lenette v Lenette - Instructed by Defendant in claim arising from a catastrophic brain injury suffered by a child in a road traffic accident. Settled for £2.75m together with PPO of £120,000 per annum. (With Raymond Machell QC).
Allen v Wedge Group. Instructed by Defendant in employer’s liability claim. Pleaded at £1.8m. Settled for £700,000.
McDougall v Pains Wessex. Product liability claim arising from a safety flare backfiring and passing through the Claimant’s abdomen, leaving the Claimant suffering from short bowel syndrome. Settled at £800,000.
Boyle v Knox. Instructed by a Defendant in a claim alleging the Claimant suffered brain injury in utero in a road traffic accident. Issues as to whether developmental or acquired. Settled at £250,000.
Winspear v Turnbull. Traumatic lower limb amputation in a farming accident. Settled at £1.045m.
Sturt v Dairy Crest. Represented the Defendant in a fatal accident claim principally concerning a services dependency of the Deceased to her young child who had Down’s syndrome. Settled for £492,000.
Page v Pugsley. Successfully defended claim arising from a farm-worker being struck by lightening. (With Raymond Machell QC).
Hamilton v ARR Craib. Multi-Defendant action arising from a bundle of scaffolding poles falling on the Claimant at Mersey Docks. Settled for £800,000.
North Wales cycling accident. Multiple fatality when a vehicle lost control in ice killing 4 cyclists and injuring others.
Drinkall v Whitwood  1 WLR 462. Court of Appeal. Instructed by the Defendant. An agreement made by insurers with a Claimant who was a protected party but which had not been approved was not binding and could be resiled from at will.
Goundry v Hepworth  EWCA Civ 1738. Court of Appeal. A child Claimant, who was crossing a road in a group, stopped in the centre of the road to let a vehicle pass before running out in front of the Defendant’s vehicle, suffering catastrophic brain injury. Successfully represented the Defendant on appeal, the Claimant’s claim being dismissed.
Jones v JLA  EWCA Civ 1120. Court of Appeal. A dry cleaning machine exploded due to inappropriate oil being used. Scope of duty for the supplier of the oil. Claim dismissed on appeal. (With Mark Turner QC).
Oldham MBC v Secretary of State for Work and Pensions  R(CR) 1-02. Tribunal of Commissioners. Right of compensator to appeal certificate of recoupable benefits on the ground that the recipient of the benefits was not entitled to receive them. (With Mark Turner QC).
Peter has a particular interest in occupiers’ liability claims. Sample cases include successfully defending a claim where a youth suffered catastrophic brain injury when he fell in a derelict building to which he gained unauthorised access (Dunne v Tyne & Wear; discontinued); where a claimant fell from a tree in a cemetery suffering catastrophic brain injury suffered (Mansell v Rotherham; discontinued); where a girl fell down a hillside adjacent to the Road of Remembrance in Folkestone suffering catastrophic brain injury (Gillespie v Shepway DC; discontinued); where the edge of a cliff on Baildon Moor collapsed causing a walker to fall to his death (Thornton v Bradford; succeeded at trial); where a claimant fell from a balcony in a hotel in Crete suffering catastrophic brain injury (Hanson v Thomas Cook; discontinued).Other interesting concluded claims include brain injury suffered by a Claimant when struck by a shot putt in a school games lesson (Makin v McGloin); brain injury suffered by a Claimant from being hit by a snow ball contaminated with sewage (Williams v Blaenau Gwent); multiple claims arising from a crash landing of a plane at an airport in Ibiza; fatal accident and psychiatric injury claims arising from a hotel fire (Strachan & others v Queens Moat House); claim arising from the speed of response of life guards at a swimming pool (Chang Song v Active Life).
Deegan v Birmingham. Defective Premises Act claim. Claimant suffered catastrophic brain injury falling down stairs to which no banister had been fitted. Liability compromised at 55% of damages to be assessed at a joint settlement meeting. Proceeds on quantum.
Atkinson v Hodsons Coaches & others. Claimant rendered tetraplegic when bounced out of his seat when travelling as a passenger in a coach over a level crossing.
Buswell v Beer. Claim pleaded at £6m for catastrophic ‘frontal lobe’ brain injury suffered in a road traffic accident. Listed for trial spring 2011.
McKune v Cohen. Claim pleaded at £5m on a full liability basis for a paraplegic victim of a road traffic accident. Listed for trial Spring 2011.
Meyer v Wrexham BC and others. Fatal accident claim arising from the escape of horses placed without permission on the Defendant’s land. Listed for trial Summer 2011.
Smith v Bolton MBC. Social workers negligence claim, Claimant alleging failure to protect from sexual abuse.
Yeeles v Bristol CC. Social workers negligence claim. Claimant suffered catastrophic ‘shaken baby’ brain injury alleged to have arisen from a failure to protect.
Smethurst v British Waterways & others. Claim brought for bilateral lower limb amputation suffered in a trapping incident on a canal lock (with Raymond Machell QC).
Brocklehurst & others v Kravag. The claimants suffered brain injury in a road traffic accident in Germany. Claiming in this jurisdiction under Rome II.
Peter has wide experience of industrial disease claims and a particular interest in asbestos related claims and occupational stress/bullying claims.
He has represented the Defendants in several multi-party actions, including the Newport Q-fever outbreak (Various v SCA Ltd), the Barrow in Furness Legionnaires outbreak (Various v Cumbria CC), the Tinsley Bridge hand arm vibration syndrome group of claims (with Mark Turner QC) and the Tinsley Bridge deafness group of claims.
Peter advises both insurers and insured parties on a wide variety of insurance issues, including policy construction and coverage.
Eternit v Zurich, RSA & Others. A claim for indemnity brought against the insurers of a former subsidiary of T&N in respect of asbestos-related claims, the insurers having repudiated on grounds of material non disclosure and misrepresentation and raising arguments as to coverage. Settled at a mediation with a proportionate recovery for future claims.
Other sample cases include advising an insurer as to the merit of invoking a discharge clause on a public liability policy (Zurich Insurance), as to avoiding a motor policy for non disclosure & misrepresentation (Allianz Insurance), as to coverage on a PL policy (AXA insurance) and as to coverage on an EL policy (Aspen Insurance).
Peter regularly represents insurers bringing actions to recover their outlay for claims arising from fire, flood or property damage. Recent cases include recovery arising from a fire arising from a tumble dryer, for a fire resulting from the installation of a fume extraction system and from a flood resulting from faulty work to a roof.
Peter’s professional negligence practice relates primarily to actions against legal advisers arising out of failed or inappropriately compromised personal injury and clinical negligence claims.
E: Contact by email
T: 0161 829 2100
F: 0161 829 2101
Byrom Street Chambers
12 Byrom Street