Darryl has practised in personal injury litigation since completing his pupillage at Farrar's Building, London. He advises and appears on behalf of claimants and defendants in substantial and complex claims, primarily brain, spine, amputation and high value fatal injury claims. Sitting as a Tribunal Judge on Criminal Injuries Compensation Appeals and as a Deputy High Court Judge, he has extensive experience of analysing and deciding difficult issues relating to local authority care and accommodation, large care claims and substantial claims for loss of earnings. He is a recommended leading barrister in personal injury work (Chambers & Partners and Legal 500).

Recent cases

SWIFT v CARPENTER [2020] EWCA Civ 1295 – Represented the Personal Injuries Bar Association [“PIBA”] as intervener in the seminal case on the assessment of accommodation costs in catastrophic injury claims. PIBA’s evidence and arguments as to the correct approach to the valuation of this head of loss were accepted and adopted by the Court of Appeal.

RASPIN v TAYLOR and ANOTHER [2022] EWHC 569 (QB) – Represented the defendants at trial in a claim brought by a motorcyclist who suffered spinal cord injury as a result of a road traffic accident when the defendant driver emerged from a side road, turning right onto a 30mph main road. Claim reduced by 45% for contributory fault.  Permission to appeal the issue of primary liability applied for.

RC – Represented the claimant who suffered a spinal cord injury when flying as a paraglider tandem passenger due to pilot error. Settled at mediation for substantial damages.

WHYTE v FORD and ANOTHER – Represented the defendants in a claim brought by young teenage claimant who suffered spinal cord injury when the defendant driver, an older family member, lost control of the car. Settled for £7.5M against a Schedule claim of over £20M. Novel issue as to the level of contributory fault on the part of a young teenage passenger allowing herself to be carried in a vehicle driven by an intoxicated much older family member.

MOREIRA v MORAN and OTHERS [2021] EWHC 1800 (QB) – Represented claimant in claims against main contractor, employer and occupier of premises arising out of fall from height during construction works. Important decision as to the scope and nature of the duties owed by an occupier under the Occupiers’ Liability Act 1957 and at common law in respect of work undertaken at its premises.

ABDULLA v NORTHUMBERLAND COUNTY COUNCIL and ORS – Represented the claimant in successful claim against the local highway authority arising out of the negligent design and construction of a shared use cycle path in the 1990s. The claimant cyclist lost control of his bicycle when navigating the threshold to the cycle path and suffered spinal cord injury as a result of collision with a lamp post. Liability compromised at JSM. Quantum ongoing.

EH - Instructed by the defendants in claim brought by high achieving and ambitious junior doctor now tetraplegic following RTA. Very substantial and complex claims for loss of earnings, accommodation, care and technology [exoskeleton]. Settled pre-issue for £14.5M against Schedule claim of £26.5M.

AYZ v LONGSTAFF and ANOTHER – Represented the defendants in high value claim brought by brain injured cyclist. The claimant was a property developer and landlord with an extensive property portfolio and other investments. Complex and controversial loss of income/loss of investment return claims. Settled at JSM and compromise approved.

LM - Represented teenage pedestrian claimant who suffered severe brain injury when attempting to run across road from behind slowing bus on residential road. Lump sum settlement (net of liability compromise) at mediation of £6.375M.

DB - Instructed by tetraplegic claimant who suffered spinal cord crushing injury when operating cherry picker in confined and complex roof space as part of demolition project. Settled for £9.425M.

EFJ – Instructed by defendants in complex claim arising out of brain injury sustained by the claimant in utero as a result of a road traffic accident. The claimant presented with autistic traits with episodes of violence and aggression directed towards family members, friends and others. Substantial claims for (i) life-long 24 hour care and support, (ii) a large, extensive and expensive property to accommodate the claimant and her family for life, and (iii) financial and welfare deputyships. Settled after a series of settlement meetings for £3.292 lump sum + £100,000 per annum PPO [£8.5M lump sum equivalent] against a Schedule claim of £29M.

WALLETT v VICKERS [2018] EWHC 3088 (QB) - Represented successful claimant on appeal. The Claimant's husband engaged in spontaneous racing with the defendant at high speed along a dual carriageway, leading to loss of control and death of husband and serious injury to passengers. Judge at first instance dismissed the claim by purported application of ex turpi causa doctrine. Overturned on appeal with 40% recovery in the Claimant's favour.

Darryl is regularly instructed to advise and represent patients and their families in clinical negligence claims. His caseload covers a wide spectrum of medical accidents, including delayed diagnosis of cancer, delayed diagnosis of infant brain tumour, surgical errors, birth trauma, hospital acquired infection, management of infant and grown up congenital heart conditions, and community management of diabetes and diabetic complications. Recommended leading barrister in clinical negligence (Chambers & Partners and legal 500).

Recent cases

AS – Represented claimant (mother) who suffered neurological injury affecting bladder, bowel and lower limbs, and developed psychiatric and chronic pain disorders as a result of negligent mismanagement of her labour and delivery. Liability disputed but compromised at liability only JSM. Ultimately settled for £13M at a second quantum JSM.

SGJJ - Represented successful claimant in high value birth injury claim. Liability settlement achieved at mediation. Financial settlement agreed at joint settlement meeting and approved. The Claimant’s parents were separated and each parent required a suitable adapted property as the Claimant spent almost equal time with each parent. Successfully recovered the cost of two adapted properties with the cost of a dual-site care package. 

DH – Represented claimant in wrongful birth claim. Complex accommodation claim.  Settled at JSM for £9.52M.

CI – Represented claimant who suffered catastrophic brain injury in 1994 as a result of negligent mismanagement of congenital heart condition [Fallot’s Tetralogy] in infancy.  The claimant required open heart surgery and suffered brain injury as a complication of surgery.  Liability compromised at JSM and quantum finally compromised at JSM for £2.5M lump sum + £300,000 PPO for life [net of liability compromise].

CK – Represent claimant who suffered spinal cord TB meningitis as a result of negligent failure to investigate, diagnose and treat evolving TB infection.  Liability disputed but compromised at liability only JSM.  Ultimately settled shortly before trial for a lump sum of £4M with stepped annual PPOs of £100,000/£240,000 for care and case management.

PRDM - Represented child claimant who suffered a trans-radial amputation as a result of negligent neonatal care.  The claimant recovered damages for an extensive prosthetics package to meet her lifelong and changing needs with an allowance for future technological developments.  Settled at JSM for £2.4M.

Darryl’s professional negligence practice relates primarily to actions against legal advisers arising out of failed or inappropriately compromised personal injury and clinical negligence claims.

Chambers & Partners 2022 (Personal Injury) - Band 1

“Darryl Allen QC is a highly respected silk who maintains an outstanding catastrophic injury practice. He acts for both claimants and defendants and has been instructed in relation to a wide variety of cases including those concerning brain and spinal cord injuries.”

Strengths: "He is particularly impressive in negotiations." "He provides an incredible level of preparation and inspires a huge level of confidence and grapples with technical matters well." "Truly outstanding."

Chambers & Partners 2022 (Clinical Negligence) - Band 1

“Darryl Allen QC is noted for his expertise in cases concerning brain and spinal injury, and is able to advise on catastrophic and fatal cases. He has copious experience of claims alleging delayed diagnosis, surgical negligence and other failings.”

Strengths: "Leaves no stone unturned when it comes to the investigation of liability, including in the most complex of birth injury claims. His client care is outstanding, and he has a warm but professional approach which puts clients at ease." "Working with him is seamless and incredibly easy. He adopts very much a team attitude to cases and is very approachable. He is incredibly sharp, he has an unrivalled ability to absorb the details of a case, and his preparation is second to none. He is charming with clients and puts them at ease very quickly but is a very robust and effective negotiator."

Legal 500 2022 (Personal Injury and Clinical Negligence)

“Darryl is excellent. He is sharp and experienced.”

Chambers & Partners 2020 (Personal Injury)

“A highly respected silk who maintains an outstanding catastrophic injury practice. He acts for both claimants and defendants and has been instructed in relation to a wide variety of cases including those concerning brain and spinal cord injuries.”

Strengths: "A very bright, pragmatic QC and a fantastic advocate." "He consumes volumes of evidence and yet in conferences he can recall the minutiae of details to ensure all evidential weaknesses and strengths are never overlooked or minimised."

Chambers & Partners 2020 (Clinical Negligence)

“Noted for his expertise in cases concerning brain and spinal injury, and is able to advise in catastrophic and fatal cases. He has copious experience of claims alleging delayed diagnosis, surgical negligence and other failings.”

Strengths: "He's got a refreshing approach to novel legal issues." "He is so engaging on his feet and his preparation of the evidence is so meticulous that it really is a bonus to have him in your corner."

Chambers & Partners 2019 (Personal Injury)

''If you are against him you know you are in for a difficult time because he so often has the right points and is well prepared and clear-thinking” “He has a great attention to detail and is a commercially astute negotiator''

Chambers & Partners 2019 (Clinical Negligence)

''Able to advise clients in a professional but caring and empathetic way'' He is always on top form. He is excellent with clients and a brilliant tactician, and gives every case his full attention.”

Chambers & Partners 2018 (Personal Injury)

A highly respected silk who maintains an outstanding catastrophic injury practice. He acts for both claimants and defendants and has been instructed in relation to a wide variety of cases including those concerning brain and spinal cord injuries.

Strengths: "A very astute barrister. He always works really hard on cases and picks up on things others might miss. He is thorough, good with clients and always explains things very well."

Chambers & Partners 2018 (Clinical Negligence)

“Fine silk who is noted for his expertise in cases concerning brain, spine and fatal injury. His clinical negligence practice is informed by his expertise in personal injury litigation.”

Strengths: "He is fantastically pragmatic, fearsomely intelligent and works to get a good solution for the client." "Tactically very good, very hands-on and excellent with clients."