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1 personal injury and clinical negligence

2 Personal Injury & Clinical Negligence Set of the Year Chambers Bar Awards 2012 Thirty Nine Essex Street Personal Injury and Clinical Negligence Thirty Nine Essex Street is considered to be one of the leading civil liability chambers and is top rated in the major professional directories for personal injury work. This expertise is complemented by a wealth of knowledge and skills in all aspects of clinical negligence, insurance law, commercial, construction, regulatory and public law (including community care, mental health and capacity, and human rights) and costs. Chambers is therefore able to offer a pre-eminent service across the full range of practice areas, enabling us to provide a one stop service for inquests, inquiries, criminal and regulatory proceedings (including in particular HSE prosecutions), advice on insurance issues and substantive personal injury claims. Our team is able to offer an outstanding service to a wide range of clients, including injured or aggrieved private claimants and defendants, small and medium size businesses or multi-national companies, insurers and defence organisations and the NHSLA and other government bodies. Our relationship with these clients, and our understanding of their needs, enables us to provide an efficient and truly specialised service from barristers working individually or in teams. Thirty Nine Essex Street recognises that the provision of legal expertise has to be matched with efficient delivery of that service. Chambers is proud of its clerking and administrative team who have an in-depth knowledge of chambers practice areas and of the requirements of our clients. Furthermore members of chambers can provide advice and assistance by , videoconferencing or Skype, as well as through formal written opinions. Barristers are also willing to visit clients in the UK and abroad. Members of chambers provide frequent seminars, training and presentations in all areas using our own excellent facilities or travelling to our clients premises. We are accredited by the Law Society and Bar Council as course providers. The on-site facilities include not only a suite of seminar rooms, but also numerous conference rooms ideally suited for multiparty settlement meetings. There is full disabled access. Not only does Thirty Nine Essex Street provide advocacy for clients in all forums, but chambers has also responded to the trend towards ADR and a significant proportion of our work now involves attending round table meetings and mediations to represent the interests of our clients. Thirty Nine Essex Street is itself also able to provide experienced Mediators and a bespoke Mediation Service. Thirty Nine Essex Street has cemented its position as one of the Bar s elite personal injury sets, due to its winning combination of experienced and expert barristers and a fantastic clerking team Chambers UK

3 Thirty Nine Essex Street Personal Injury and Clinical Negligence Personal Injury Members of chambers have an unparalleled expertise in all areas of personal injury work. This is recognised in the major professional directories. We provide representation for claims ranging from small claims to catastrophic injury and fatal accident cases, disaster and group litigation. Members of chambers are on the editorial board of the JSB Guidelines, Kemp & Kemp and other specialist personal injury textbooks. Employers Liability Chambers act for employers (usually through their insurers) and employees in relation to the work-place related accidents and stress/harassment/bullying induced injury claims. Construction site falls Factory machinery accidents Stress/harassment/bullying claims by teachers, bank workers and police officers A significant case in employer s liability work included the successful appeal in Taylor v A.Novo (UK) Ltd which involved the identification of the relevant event for the purposes of a secondary victim claim. Fraud Members of chambers represent clients across the full range of this growing area, including not only allegedly staged road traffic accidents, but also claims in which there are apparent phantom passengers or in which injured parties may be exaggerating the extent of their injuries. The Supreme Court decision of Summers v Fairclough, in which the strike-out of a substantive claim for its fraudulent exaggeration was considered Fari: a first instance strike-out of a slip claim at trial where the claim had been exaggerated This area of work has also led to a number of members of chambers successfully pursuing contempt proceedings in the High Court. Road Traffic Thirty Nine Essex Street has a vast experience of cases arising out of road traffic accidents. Junior members of chambers frequently appear in fast track claims and senior members of chambers appear in the full range of more significant cases. Cases include: Standard two vehicle collisions and complex multiple vehicle pile-ups Claims by motorcyclists and those riding pushbikes Claims by children and pedestrians on the highway who are injured by vehicles Public Liability Members of chambers have a wide expertise in public liability claims. These range from actions against public bodies, such as Highway Authorities, to assaults in restaurants and nightclubs. Blair-Ford v CRS Adventures Ltd: a claim by a teacher injured whilst wellie wanging Baldacchino v West Wittering Estate Plc: a claim by a youth against the owner and operator of a beach who sustained a catastrophic spinal injury diving into shallow water Harris v Perry: a claim by a child against a bouncy castle operator Trustees of the Portsmouth Youth Activities Committee v Poppleton: a claim by a visitor to a leisure centre who fell from a climbing wall Various claims by visitors against nightclub operators Various claims by visitors against swimming pool operators

4 a powerhouse in the area of Personal Injury Chambers UK Thirty Nine Essex Street Personal Injury and Clinical Negligence Product Liability Animals Claims Members of chambers have acted in many cases involving claims by individuals and groups of individuals arising out of the use of allegedly defective products. Members of chambers act in the full range of animal cases where claimants have been injured. These involve equine cases, dog bites both in private homes and in public, and livestock claims. The Linkwise Litigation: the toxic sofa litigation The Court of Appeal decisions on injury due to use of defective products ATB Sales v Ide and Pollard v Tesco Stores and others The Northwick Park drug trial cases Claims arising out of the use of the dye Sudan Red in foodstuffs The Opren, Myodil and LSD litigation Sport Mirvahedy v Henley: a claim in which horses had stampeded onto the highway McKenny v Foster: a claim involving alleged liability for a cow s agitation which led to it climbing a gate and causing an RTA Disaster and Other Group Litigation Thirty Nine Essex Street has acted for one or more parties in nearly all of the disaster and other major group litigation in recent years. Thirty Nine Essex Street has a particular expertise in claims arising out of sporting injuries. Members of chambers have acted in claims by footballers, rugby players, gymnasts, hockey players, golfers, parachutists, scuba divers, speedway and motorcycle riders and across the whole range of equine activities from racing jockeys and trainers to novice riders. Elliot v Saunders, O Neil v Fashanu, Collett v Middlesbrough, Smolden v Nolan: professional football claims Allport v Wilbraham: an unsuccessful claim against a rugby referee Vowles v Evans: an unsuccessful claim against a rugby referee Watson v British Boxing Board of Control: claim by boxer for negligent ringside medical facilities Harcourt v Pegasus Gymnastics Club: claim by schoolboy gymnast against club and coaches Various claims by parachutists against instructors and clubs Claims by motorcycle riders injured whilst racing Various claims by jockeys and trainers catastrophically injured on the track or the gallops or at the racecourse Motto and Others v Trafigura (the Ivory Coast personal injury litigation) The Marchioness sinking The Zeebrugge sinking The Kings Cross Fire The Northwick Park Hospital drug trials claims Hepatitis C group action MMR group action Benzodiazapine group action The Scania 4 group action Various recent railway disasters including Southall, Selby, Paddington and Hatfield The Organophosphate litigation The Miners Knee litigation Toxic Torts These cases range from organosphosphate and other chemical poisoning (for example the Motto and Others v Trafigura litigation), to claims of carbon monoxide poisoning and Legionnaire s disease.

5 Commercial and flexible Chambers UK Thirty Nine Essex Street Personal Injury and Clinical Negligence Occupational Disease Thirty Nine Essex Street has vast experience of handling all the recognised (and the so-called emerging) occupational disease claims, ranging from asbestos to stress. Examples include: Very high value mesothelioma claims involving doctors, other health care professionals and successful businessmen Lung cancer and asbestosis claims Nasal cancer arising from exposure to wood dust Bladder cancer arising from industrial exposure to chemicals Occupational stress claims involving prominent business executives and salesmen Work-related upper limb claims of both the diffuse and clinically recognised varieties, such as carpal tunnel syndrome, trigger finger, epicondylitis and De Quervains Chronic fatigue syndrome and fibromyalgia claims Multi-party deafness and vibration white finger claims The Miners Knee litigation RSI Clinical Negligence Chambers has a strong team of silks and juniors who act for claimants and defendants in clinical negligence cases ranging from fatal and catastrophic injuries to more minor injuries. There is a particular expertise in birth trauma and spinal injury cases. Members of chambers appeared in Bolitho and Chester v Afshar. Examples of cases include: Birth trauma cases Failure to treat spinal injuries correctly on admission to A & E Failure to diagnose and treat cancer and other conditions Failure to give genetic counselling Hospital associated infection Failure to treat anaphylaxis Failure to prevent suicide Failure to diagnose and treat meningitis Errors in plastic surgery treatment and advice The Hepatitis C litigation Insurance Many personal injury cases involve questions about insurance cover. Such cases may involve questions of non-disclosure, misrepresentation, late notification, disclosure of coverage terms to third parties, dual/double insurance issues, policy construction and fraud. We also advise upon the difficult issues that arise both under national road traffic legislation and the 5th European Motor Directive. Another area of expertise is issues arising out of permanent health insurance. Professional Negligence There is often an overlap between solicitors, barristers and insurance brokers negligence cases, and personal injury and clinical negligence. Barristers are particularly well-placed to advise in and conduct these cases because a number of members of chambers have a true expertise in both professional negligence and personal injury/clinical negligence work. There is a separate Professional Liability brochure. Costs and Funding Thirty Nine Essex Street has an outstanding costs law team which enjoys a formidable reputation at every level of seniority. A particular feature of the team is that, whilst all its members are specialists in the sometimes arcane principles of costs, many are also well known for their work elsewhere, including personal injury and clinical negligence. Thus members of chambers are well placed to offer advice and representation on specific costs issues which arise in these areas, ranging from drafting a funding agreement at the outset of the case to involvement in the costs assessment at the very end. The team undertakes all aspects of costs work. Members appear in every court and tribunal where costs issues arise. Members have considerable experience in appellate work, with frequent appearances in Court of Appeal and High Court appeals, as well as the Supreme Court and the Privy Council. Members of Thirty Nine Essex Street are almost invariably to be found in the most important costs cases. Chambers also conduct all manner of detailed assessments, involving arguments arising from high value litigation and technical challenges to costs recovery, as well as more everyday disputes.

6 Thirty Nine Essex Street Personal Injury and Clinical Negligence Health and Safety Chambers also has a wealth of experience in advisory and drafting work. In an area of law beset with technical rules and disciplinary risks, getting documents right is crucial. The team has considerable expertise in advising on potential funding arrangements and in drafting costs documentation, including CFAs, CCFAs and legal expenses insurance policies. Clients include all those involved with legal costs. Our instructing solicitors range from large City firms to sole practitioners. Barristers are retained by many costs consultants and costs draftsmen. Thirty Nine Essex Street act for major insurers, government departments, claims management companies, the Legal Services Commission, trade unions and multi-nationals, as well as individuals from the wealthy to those on income support. Members have been involved in costs issues worth anything from a few thousand pounds to 73m. There is also a separate Costs Law brochure. The costs team maintains a free, searchable, web database with concise summaries of important and topical costs decisions at 39essex.com. Areas of work include: Litigation funding and non-party costs orders Solicitor and client disputes Costs caps and costs estimates Group litigation Conditional Fee Agreements Success fees and ATE premiums Inter partes recovery of costs Security for costs Fixed costs Members provide advice and representation for defendants to such proceedings, be they individuals, major companies, NHS trusts or other entities, and in some instances to prosecutors. This complements our experience in personal injury work and inquests, such that chambers provides assistance with the various proceedings which may arise from an industrial accident or other incident. Many of the cases undertaken by chambers raise the prospect of substantial damage to the client s reputation, as well as substantial penalties, and we are well attuned to the sensitivities involved. Thirty Nine Essex Street has considerable experience in dealing, on behalf of clients, with the HSE and other prosecuting authorities, as well as being familiar with court practices and procedures at both Magistrates and Crown Court levels. Thirty Nine Essex Street is also able to offer more general advice in relation to health and safety issues. Inquests and Inquiries Members of chambers provide representation at inquests on behalf of the various parties who may be interested therein: those who have been bereaved and those who may be implicated in the death (or face subsequent civil and/or criminal proceedings). Members have experience of acting for organisations such as government entities and charitable bodies, as well individuals and corporate entities. In the more sensitive cases, there is often the prospect or possibility of an unlawful killing verdict and sometimes the investigation of a suicide. Industrial accidents and clinical mishaps are mainstays of our involvement in this area, but we also deal with other cases across a wide range. Thirty Nine Essex Street is appreciative of the sensitivities which may arise, both for bereaved families and for others involved, and is able to offer guidance and help in relation to the procedural difficulties which are apt to arise and the potential interrelation with criminal and/or civil proceedings. Public funding Examples of inquests include: Kings Cross The New Cross fire; The Marchioness; Iraq friendly fire inquest Examples of inquiries include: Kings Cross Hillsborough The Bristol Babies Inquiry The Ayling Inquiry

7 a very impressive, very commercial and brilliantly focused team of clerks Chambers UK Thirty Nine Essex Street Personal Injury and Clinical Negligence Chambers The members of Thirty Nine Essex Street possess a wide range of expertise, both as advocates and advisers. Our client base includes government departments and agencies, utilities, NGOs, insurance companies, professional indemnity insurers, local authorities, trade unions, public and private companies, educational bodies, health authorities and trusts, and individual litigants. Members also undertake pro bono work and act for public interest organisations. Instructions are accepted through direct professional access from recognised organisations and overseas lawyers. For more information please contact Chief Executive and Director of Clerking David Barnes +44 (0) Senior Clerk Alastair Davidson +44 (0) Senior Clerk Michael Kaplan +44 (0) Practice Manager Ben Sundborg +44 (0) Training and Seminars Members of chambers frequently speak at conferences and also in the academic context. Thirty Nine Essex Street is accredited by the Law Society as a course provider. Members of Chambers, at every level, hold regular seminars and workshops in Chambers or at clients offices as part of their continuing education programme.

8 For more information please contact: London 39 Essex Street London WC2R 3AT tel +44 (0) fax +44 (0) Manchester 82 King Street Manchester M2 4WQ tel +44 (0) fax +44 (0) Singapore: Maxwell Chambers, 32 Maxwell Road, #02-16, Singapore tel +(65) dx London/Chancery Lane 298 Chief Executive and Director of Clerking David Barnes +44 (0) Senior Clerks Alastair Davidson +44 (0) Michael Kaplan +44 (0) Practice Manager Ben Sundborg +44 (0) Thirty Nine Essex Street LLP is a governance and holding entity and a limited liability partnership registered in England and Wales (registered number 0C360005) with its registered office at 39 Essex Street, London WC2R 3AT. Thirty Nine Essex Street s members provide legal and advocacy services as independent, self-employed barristers and no entity connected with Thirty Nine Essex Street provides any legal services. Thirty Nine Essex Street (Services) Limited manages the administrative, operational and support functions of Chambers and is a company incorporated in England and Wales (company number ) with its registered office at 39 Essex Street, London WC2R 3AT. We are committed to upholding the Bar Councils Equal Opportunities Policy, with regard to service provision and apply its principles rigorously to the recruitment of members, pupils and staff. design by Sears Davies +44 (0)

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