Over the last 5 years he has consolidated a practice which deals with injuries of the highest levels of severity expected to be handled by senior junior counsel. This experience has comprised:
(i) Amputation.
He has particular experience of lower limb amputation cases and has advised in several above and below knee cases in the last three years. He is thoroughly conversant with the appropriate experts to procure in such cases. He has advised in loss of upper limb cases and is familiar with the difficult prosthetics arguments they inevitably entail.
(ii) Polytrauma.
Darrel has acted for and against Claimant’s who have sustained multiple serious injuries. He is now routinely instructed in such matters. He is able to advise on which experts to source and in which order of priority.
(iii) Traumatic Brain Injury
Increasing seniority has entailed far greater knowledge and experience of traumatic brain injuries than early years practice could ever permit. Competence in dealing with both moderate / severe brain injury and more subtle, mild-moderate cases where the presence of organic cognitive deficits is more debatable can be assumed. Over the last 5 years weekly experience has been gained of dealing with the requisite experts in Neurology, Neuropsychology and neuropsychiatry. Darrel has a particular interest in the issue of mental capacity and its management within head injury litigation.
(iv) Spinal Injury
Darrel also undertakes work in a range of spinal injury cases involving Cauda Equine, arachnoiditis and complete spinal cord damage. He has been junior in tetraplegic cases and is versed in the complexities of the arguments over suitable care regimes.
Recent representative cases:
Greenwood v Sellers 2013:
Serious polytrauma following RTA. A mobility threatening combination of bilateral foot, spine and pelvic fractures necessitating early retirement and single level housing. Compromised at JSM for £985,000.
Fenton v Hamilton:
Above knee amputation following motorcycle accident and failure of limb salvage procedures 1.5-2 years after accident. Claim settled at JSM for £1.2 million based upon prosthetics and equipment needs to meet a very active lifestyle.
Davies v Keltbray Asphalt Ltd 2013-14:
traumatic brain damage following accident at work. Central issues concerned need for an ongoing support worker in the context of no more than moderate cognitive deficit and applicability of Provisional Damages in respect of refractory epilepsy. Compromised at JSM in the sum of £320,000 with lifetime right to return to court approved in Part 8 proceedings.
O’Neill v Child 2011-12:
acted for the Defendant in a brachial plexus injury to the Claimant. Central issue was whether any useful upper limb function remained or whether C’s damages should be assimilated to those of upper limb amputee exempting prosthetics. Settled at JSM in the sum of £800,000.
Boyd v Clayton 2013-14:
Acted for the Claimant who suffered spinal cord damage in a running down accident. Led by Robert Weir QC. Claim compromised and approved by the High Court in the sum of £500,000 without admission of liability and where substantial contributory fault was inevitable.
Grady v MIB 2012 :
Foot drop and polytrauma to a late teenage Claimant. Argument over eligibility and contributory negligence in entering vehicle. Compromised at 70:30 in the Claimant’s favour. Thereafter, settled at JSM for £500,000 based on claims for orthotics, single level accommodation and severely diminished prospects on the open labour market.
Bowes v Larkin Engineering Ltd 2013-2015:
Fatal accident claim arising out of industrial accident involving dependency of family and a child on the autistic spectrum. Central issue concerned likely level and pattern of dependence upon services of the deceased during the period after the child attained his majority. Interrelationship between Protected Party Status and the FAA 1976 cause of action. Compromised at JSM for £540,000.
Cartwright v Andrew Jones pies 2011-2015:
accident at work causing spinal injury, brain damage and profound psychiatric damage to 19 year old man. Claim primarily concerned with the nature and extent of the future support worker regime required for the Claimant. Settled at JSM when led by Richard Hartley QC. Settled for lump sum of £800,000 together with a PPO of £60,000 pa in respect of Care and Court of protection Costs.