Recorder Acting Deemster of The Isle of Man

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1 David Allan QC CALL 1974 SILK 1995 PRACTICE AREAS Personal Injury Clinical Negligence Industrial Disease APPOINTMENTS Deputy High Court Judge Recorder Acting Deemster of The Isle of Man E: T: F: Byrom Street Chambers 12 Byrom Street Manchester M3 4PP DIRECTORIES Superlatives trip off the tongue for David Allan QC, an advocate of outstanding calibre who possesses a wonderfully reassuring manner. A leader in the field of asbestos litigation, he also handles traumatic brain and spinal injury cases. (Chambers & Partners 2012 Personal Injury - Star Individual) The vastly experienced David Allan QC has enjoyed a particularly successful year which has included a number of seven-figure settlements in connection with brain injury cases. His clarity of thought, calm demeanour, and methodical and detailed approach are frequently noted strengths. Commentators describe him as poised and confident advocate who possesses exceptional negotiating skills. (Chambers & Partners 2012 Clinical Negligence) Recognised as a Leading Silk in Personal Injury: Industrial Disease (National Spotlight Table) (Chambers & Partners 2012)

2 David Allan QC is an absolutely superb advocate and takes a very cerebral and considered approach to matters : he is particularly recommended for industrial disease matters having taken several asbestos cases to the Supreme Court. (Legal Personal Injury and Clinical Negligence) David Allan QC is head and shoulders above the competition, and has a formidable national reputation for handling industrial disease matters. He has tackled numerous asbestos cases, as well as high-profile miners respiratory disease and miners knee group litigations. Fellow barristers admire his very analytical mind and his unflappable courtroom demeanour. His huge intellectual capacity is matched by an equal appetite for intellectual honesty and rigour. (Chambers and Partners 2011 Personal Injury) The very thoughtful and approachable David Allan QC commands the respect of experts and clients alike. (Legal Personal Injury and Clinical Negligence) "David Allan QC has a fresh approach and is an insightful advocate. His excellent manner with the clients and ability to get the measure of the opposition's legal team mean he is constantly in demand. (Chambers and Partners 2010 Personal Injury) David Allan is an incredibly intelligent individual who is delightful with clients and who knows his stuff back to front. Not one of those who just bangs on the table in court, Allan is a thoughtful performer who is one of the leading silks for disease work in the entire country. (Chambers and Partners 2009) David Allan receives accolades as a meticulous, understated silk with an astonishing grasp of his cases. Solicitors admire his mix of intelligence and experience and his pleasant, hardworking approach. He is regularly involved in leading causation and indexation cases (Chambers and Partners 2009) David Allan QC is a silk of the first rank with wide expertise in high-value claims of the utmost severity (Legal Personal Injury and Clinical Negligence) The star performer to the west of the Pennines is how peers describe David Allan QC. Sources say he s not showy in court, but extremely effective in a calm and collected way. Allan has a high-profile practice and continues to be involved in some of the most cuttingedge cases in the field. For example, he was actively involved in the landmark case of Thompstone v Tameside & Glossop Acute Services NHS Trust, a matter involving periodical payments. (Chambers and Partners 2008)

3 David Allan QC is one of the most highly regarded silks in the field. Equipped with an analytical mind and steely determination, he won t surrender and knows everything there is to know. (Chambers and Partners 2008) With his absolutely massive intellect, David Allan QC moves up the tables this year. Behind his quiet exterior lurks a will of steel. Allan has had a particularly busy year acting in the landmark case Barker v Corus UK Plc. (Chambers and Partners 2007) Top notch David Allan QC is one of the most competent barristers anywhere. (Chambers and Partners 2007) PERSONAL INJURY David Allan has appeared in many leading personal injury cases at first instance, in the Court of Appeal and in the House of Lords. He has extensive experience of major group litigation. His work covers serious brain and spinal injury, clinical negligence and industrial disease. He was awarded Personal Injury Silk of the Year 2007 at the Chambers and Partners Bar Awards. Reported cases David s cases are too numerous to list. Examples of recent reported cases are: Thompstone v Tameside And Glossop Acute Services NHS Trust - First instance judgment 23 November 2006, Court of Appeal [2008] EWCA Civ 5 This medical negligence case was the first case to determine that periodical payments should be linked to an earnings measure ASHE 6115 rather than RPI. Casey v Cartwright [2006] EWCA Civ 1280 Leading Counsel for the Claimant in the Court of Appeal in a case providing guidance as to the procedure in low velocity road traffic accidents Appleton v. El Safty [2007] EWHC 631 (QB) Assessment of damages payable to former premiership footballer who was forced to retire following negligent medical advice and treatment.

4 INDUSTRIAL DISEASE David Allan has appeared in many of the most significant recent cases in the area of industrial disease. He is recognised as a national leading Silk in this area. Major cases Wilmore v. Knowsley Metropolitan Borough Council [2011] UKSC 10 Asbestos disease: causation of mesothelioma. Appropriate test for determining causation. Impact of s.3 Compensation Act Miners Respiratory Group Litigation Instructed as Leading Counsel for the Claimants where judgment was obtained after the longest personal injury trial on record. Has continued to represent the Claimants under a scheme which has dealt with nearly 600,000 claims Fairchild v Glenhaven Funeral Services Ltd [2003] IAC 32 Counsel for Claimant at trial, in the Court of Appeal and House of Lords, in the leading case on causation for asbestos induced injury. The Claimants were ultimately successful in establishing a new test for causation enabling many thousands of mesothelioma victims to recover damages. Rothwell v Chemical & Insulating Co Ltd [2008] IAC 281 Leading Counsel for the Claimants at trial, in the Court of Appeal and House of Lords, on pleural plaque test cases which involved the nature of actionable injury. Barker v Corus UK Ltd [2006] 2AC 572 Leading Counsel for the Claimant at trial, in the Court of Appeal and House of Lords, on the application of the Fairchild principle and the apportioning of damages. Jeromson and Dawson v Shell Tankers (UK) Ltd [2001] PIQR P265 Leading Counsel at trial and in the Court of Appeal in an important decision on date of knowledge for asbestos induced injury. Bradley v Eagle Star Insurance Co 1989 AC 957 Junior Counsel at trial in the Court of Appeal and House of Lords on a claim to determine whether an insurer could be sued where the insured was a dissolved company that could not be restored to the Register.

5 CLINICAL NEGLIGENCE David is regularly instructed in high value complex clinical negligence claims, often arising out of birth injury. The vast majority of these claims are compromised and not reported. The are too numerous to list. Reported cases Lorraine v. Wirral University Teaching Hospital NHS Foundation Trust [2008] EWHC 1565 (QB) Successful claim on behalf of infant claimant who suffered cerebral palsy as a result of the defendant hospital s negligent failure to admit the claimant s mother to hospital in the light of her medical history. Kingsberry v. Greater Manchester strategic Health Authority [2005] EWHC 2253 (QB) Successful claim on behalf of infant claimant who suffered cerebral palsy as a result of negligent attempt at forceps delivery on the ward as opposed to trial of forceps delivery in theatre.