Eloise Turnnidge > Chambers of David Berkley KC > London, England > Barrister Profile

Chambers of David Berkley KC
3PB
3 PAPER BUILDINGS, TEMPLE
LONDON
EC4Y 7EU
England

Work Department

Personal Injury; Clinical Negligence.

Position

Eloise is a personal injury barrister with a busy practice representing both Claimants and Defendants. She appears in court most days – covering trials, CCMCs and interim applications – in addition to maintaining her paperwork and advisory practice.

Eloise frequently acts for Defendants, at trial and in the earlier stages of litigation, in claims involving allegations of fundamental dishonesty. She has persuaded the court to make findings of fundamental dishonesty, including findings of ‘phantom’ occupancy and staged or fabricated accidents, on a number of occasions. Her cross-examination has been described by the judiciary as “detailed and strong forensic examination” and she is known for pursuing matters “assiduously”.

Eloise is also often instructed on behalf of Claimants in employers’ and public liability matters. She has a strong paperwork practice, advising and settling pleadings in matters worth over £100,000. Eloise is adept at handing high value claims involving multi-disciplinary expert evidence, and has advised in conference with both expert and client. Further, she is able to settle pleadings and schedules involving complex causation and quantum issues, and Ogden future loss calculations.

Eloise was recognised as a ‘Rising Star’ in the 2022 and 2023 editions of the Legal 500: Eloise is “excellent tactically with significant insight and experience to progress complex cases in fraught situations”, with an “excellent eye for detail” and “a real ability to grasp the key points of claim.”

Eloise’s experience covers a range of employers’ and public liability matters, in addition to claims arising out of road traffic accidents, including credit hire. Eloise is keen to expand her practice in the clinical negligence field, in both court and written work.

Outside of work, Eloise enjoys snowboarding, salsa and running.

Personal Injury

Eloise’s experience incorporates the following areas of law:

  • Employers’ liability
  • Occupiers’ liability
  • Public liability
  • Road traffic accidents
  • Credit hire
  • Holiday illness
  • Accidents abroad
  • Highways Act

Eloise Turnnidge accepts instructions for hearings and paperwork such as:

  • Trials
  • CCMCs
  • Interim applications, including:
    • Strike out and summary judgment
    • Expert evidence
    • Disclosure (including specific and non-party)
    • Procedural (Part 20, service, set aside judgment)
    • Limitation (section 33)
  • Drafting pleadings and interim applications
  • Advising on liability, causation, quantum and costs

Recent cases include: 

S v S [2022] – Eloise obtained the dismissal of claims brought against her client’s insured driver, where there were significant concerns regarding causation of injury, balanced with liability issues on the Defendant’s side, with the Claimant’s primary case on liability aligning with the insured driver’s account.

Q v U and P [2022] – Eloise obtained a significantly reduced award in respect of a credit hire claim, persuading the judge to reduce the figure of approximately £12,000 to just £450.

N v S and H [2022] – Eloise acted for the successful Second Defendant in a strike out application, with issues engaging the principles in Cameron v Hussain [2019], defective service and other procedural issues. Eloise also assisted with the subsequent appeal, advising in respect of tactics and next steps, with the Claimant then abandoning his appeal.

B v H [2022] – Eloise acted for the Claimant from the outset of proceedings in this liability-disputed, multi-track (>£100,000) public liability claim with disputed, multi-disciplinary expert evidence. Eloise advised in conference, settled pleadings including the schedule of loss, and attended hearings through to PTR, advising on tactics and assisting in obtaining a substantial settlement for the client.

P and P v O [2022] – Eloise obtained settlement in terms that the Claimants do pay the Defendant’s costs, following her cross-examination of the Claimants and their subsequent drop hands offer.

R v I [2021] – Eloise acted for the Claimant in this RTA matter, where the Claimant sustained head injuries and psychological disorders. Her loss of earnings claim was complicated by the Covid-19 pandemic and pre-existing symptoms, however Eloise’s advice led to a substantial settlement without the need to issue proceedings.

K v U [2021] – Acting for the Defendant, Eloise obtained findings of fundamental dishonesty and phantom occupancy in this liability-disputed matter.

N and S v H [2021] – Eloise obtained findings of fundamental dishonesty in both claims in this matter, in which the Claimants alleged injuries arising out of an RTA, despite a lack of witness evidence for the Defendants.

C v K [2021] – Eloise secured a finding of fundamental dishonesty in this RTA matter in which the court accepted that the collision was caused by a ‘deliberate and calculated act of the Claimant’, with the judge also stating that she was unable to accept the Claimant had sustained any injury.

S v T [2020] – In this remote trial in which the Claimant was only able to connect via audio, Eloise acted for the Defendant and persuaded the judge to make a finding of fundamental dishonesty. The judge accepted that the Claimant had fabricated the accident.

S v E [2020] – In this claim worth approximately £50,000, arising out of an RTA for which liability was disputed, Eloise acted for the successful Defendant, securing dismissal of the claim on liability.

M v R [2020] – In this RTA matter, Eloise acted for the Defendant and obtained a finding of fundamental dishonesty, with the judge finding with ‘no hesitation’ that an alleged RTA had not taken place. Eloise highlighted inconsistencies in bank statements, odometer readings and the Claimant’s accounts surrounding the alleged injuries.

S v R [2020] – Eloise obtained a drop hands settlement in this credit hire matter, following her cross-examination of the Claimant at trial.

R v G [2019] – Eloise acted for the Defendant in this RTA matter, securing a strike out on the basis of principles set out in Cameron v Hussain [2019].

Clinical Negligence 

Eloise Turnnidge is happy to accept instructions in the following clinical negligence specialisms:

  • Misdiagnosis
  • Delayed diagnosis
  • Negligent nursing care
  • Surgical negligence
  • Dental negligence
  • Cosmetic negligence

Career

Year of call 2015

Memberships

  • Personal Injuries Bar Association
  • The Honourable Society of the Inner Temple
  • Advocacy and the Vulnerable
  • Free Representation Unit

Education

  • BPTC (Very Competent), City Law School
  • LLB (First Class Honours), University of Hertfordshire
  • Future Lawyer Excellence Award (full BPTC scholarship), City Law School
  • Academic Merit Award, City Law School
  • Silverwood Prize, Palmer’s College

Lawyer Rankings

Regional Bar > South Eastern Circuit > Personal injury

(Rising stars)Ranked: Tier 1

Eloise Turnnidge3PB ‘Eloise is a skilled advocate and presents arguments and cases well in court and on paper. She is meticulous in her preparation and is always available to discuss tactics and prepare arguments well in advance of hearings.’

3PB is ‘a very helpful and friendly set of chambers, always willing to go above and beyond to accommodate client’s needs’ in the personal injury space. ‘All round barrister’ Richard Wheeler is ‘very knowledgeable’ and ‘meticulous with his preparation and attention to detail’. Rising star Eloise Turnnidge is praised as ‘a competent and strong advocate who never shies away from a tough cross-examination and confidently takes the lead in questioning’.

London Bar > Personal injury, industrial disease and insurance fraud

(Personal injury - Rising Stars)Ranked: Tier 1

Eloise Turnnidge  – 3PB  ‘Eloise is strong on all fronts. Her written work is meticulous and thorough, yet remains engaging and persuasive. She is strong in court and achieves excellent results..’