The Legal 500

Position

Specialist in commercial, pensions, professional negligence and clinical negligence. Cases include: Ruttle Plant v DEFRA – claim to set aside mediated settlement of commercial dispute on grounds of economic duress also raising issues over validity of assignment of cause of action by insolvent company [TCC 2007 ongoing]; advising trustees of UK pension scheme on powers and tactics following takeover of principal employer by US-based private equity firm; representing trustees of pension scheme in pending Part 8 proceedings concerning validity of purported conversion of scheme benefit structure from final salary to money purchase benefits; advising trustees and employer of pension scheme on validity of purported equalisation of retirement ages post-Barber, rectification of rules and potential claim for professional negligence against scheme administrators responsible for drafting equalisation provisions; advising the UK government on its liability to contribute to substantial past service deficits in pension schemes of privatised former government-owned businesses [2006-7]; advising several hundred claimants in the Equitable Life group action alleging mis-selling of with-profit pension annuities [QBD 2006-7]; advising trustee of pension scheme in linked professional negligence claims against scheme’s actuarial and legal advisers [ChD – claims issued 2006; ongoing]; Ruttle Plant Hire v DEFRA – contractual dispute arising out of work done by contractor during clean-up operations following outbreak of Foot and Mouth Disease in 2001 TCC [2002-7]: judgment on preliminary contractual issues 2004; ongoing on issue of recoverability on assessment of costs of internal quantity surveying costs]; Ruttle Plant Hire v DEFRA – contractual dispute arising out of work done by contractor during clean-up operations following outbreak of Classical Swine Fever in 2000 TCC [2005-7]; judgment on preliminary contractual issues 2006; ongoing on overall quantum; in the matter of the Flour Milling & Baking Research Association Pension Scheme – claim by employer and trustees for rectification of deed and rules of company pension schemes [ChD 2005-6]; DEFRA v Complete Utilities – contractual dispute arising out of work done by contractor during clean-up operations following outbreak of Foot and Mouth Disease in 2001 [QBD 2005-6]; Credit Lyonnais v Watson Wyatt – breach of contract/negligence action against actuaries to company pension scheme [ChD 2004-5]; Bangladesh Arsenic Litigation – group action against British Geological Survey in relation to arsenic contaminated drinking water in numerous communities in Bangladesh; appeal to House of Lords heard in May 2006 on issues of appropriate test for proximity in determining existence of duty of care [2002-6]; Leicester Royal Infirmary epilepsy claims – advising and representing several hundred children in ADR of claims for misdiagnosis of epilepsy by Consultant Paediatric Neurologist in Leicester [2002-05]; Shipman Public Inquiry – representing families of victims of Harold Shipman [2001-04]; Page v Plymouth NHS Trust – irrecoverability by non-patient claimants of damages [QBD April 2004]; Giambrone v JMC Holidays – determination of legal issue as to whether there is a threshold of seriousness below which damages for care provided by family are not recoverable in personal injury claim CA [February 2004]; Hogg Robinson Trustees Ltd v Scott Lang – claim by trustees of pension scheme against scheme investment advisers and fund managers for negligent investment strategy ChD [2001-02]; R (Persey) v Secretary of State at DEFRA – judicial review of government’s refusal to grant public inquiry into the 2001 outbreak of foot and mouth disease [2002]; Hogg Robinson Trustees Ltd v Scott Lang – professional negligence of pension scheme investment advisers [2001-2]; Davies v Hillier Nurseries Ltd – application of European Directive on packaging to plant pots, Admin. Court 2001; AMP (UK) Ltd v Barker – rectification and setting aside of pension scheme trustee’s resolution amending scheme rules [ChD 2000]; ‘Afrika’ group action – claims against English parent company by South African workers and their families for asbestos-related disease contracted in and around South African asbestos mines and mills [QBD 2000-1]; Devon Breast screening services cases – negligent delay in diagnosing breast cancer in group of Devon patients [1999-2000]; Hogg Robinson Trustees Ltd v Buck & Willis – professional negligence of pension scheme actuaries and administrators, ChD [1999-2000]; PLT Ltd v Smith Melzak – claim by bank for professional negligence of commercial property valuer TCC [1999]; Hatcher v Plymouth NHST – no privilege in NHS complaint file QBD [1999]; Ward v Newalls Insulation – law relating to loss of earnings from partnership by injured dominant partner; asbestosis CA [1998]; Hancock v J.W. Roberts – liability for environmental exposure to asbestos [CA 1996]; Hopkins v Mackenzie – accrual of cause of action in solicitors negligence action [CA 1995].

Career

Called to Middle Temple 1985; took silk 2003; appointed Recorder 2005.

Member

Association of Pension Lawyers; Commercial Bar Association; Financial Services Lawyers Association; London Commercial and Common Law Bar Association; Professional Negligence Bar Association; Action Against Medical Accidents; American Association for Justice.

Practice Areas

Clinical negligence - either side; Pensions; Professional negligence