- 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 | 1993 |
| PRACTICE AREAS | Personal Injury Industrial Disease Insurance Law Professional Liability Commercial Litigation Multi Party Litigation Inquiries and Inquests |
| ASSOCIATIONS | PIBA |
Peter Burns has practised 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 casesTomlinson v Congleton [2004] 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.
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).
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).
Sample current cases
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.
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 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.
Concluded cases
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.
Peter Burns
E: Contact by email
T: 0161 829 2100
F: 0161 829 2101
Byrom Street Chambers
12 Byrom Street
Manchester
M3 4PP