The Legal 500

Work Department

Personal injury, clinical negligence and costs.

Position

David is well known for his extensive personal injury, clinical negligence and costs practice. Within these specialisms he has wide experience acting for both claimants and defendants in all types of claim, including road traffic accidents, employers' liability, public liability, fatal accidents, and psychiatric injury. David is often instructed in high value and/or complex claims, especially those involving complex issues of quantum or medical causation. David also has extensive experience of personal injury claims arising from foreign travel or otherwise involving a foreign element. David's practice also encompasses a wide range of industrial disease claims including asbestos-related disease, WRULD/RSI, VWF/HAVS and industrial deafness. In the field of clinical negligence, David acts predominantly for claimants. His practice encompasses all aspects of medical and dental negligence. David is also regularly instructed in fields related to the above core areas of practice, such as professional negligence claims arising from the conduct of personal injury litigation, inquests, substantial costs disputes and insurance-related issues. Interesting cases: Conner v Bradman (1 l HJ Coulson QC. QBD) [2007] EWHC 2789 reported Lawtel. The leading case on the application of the tables for contingencies other than Mortality in the 6th edition of Ogden Tables to a disabled claimant with continuing loss of earnings claim. David frequently advises in cases involving complex loss of earnings claims. For example, non-domiciled workers where there are issues as to whether income tax would have been paid on their earnings (and if so, where so), self-employed claimants with variable/erratic earnings, and those working in unusual/niche areas, such as a self-employed consultant to NGOs and private security contractors in war zones. David also has extensive experience of fatal accident claims involving complex schedules and counter-schedules. Recently, David acted for the defendant in a substantial personal injury claim for psychiatric injury arising from a rail crash. Other interesting cases: acted for a senior manager in a global investment bank in his personal injury claim arising from a road traffic accident. The past loss of earnings claim was contentious as the issue was whether the accident was causative of the claimant not being confirmed in his position following a probationary period. Secured a substantial judgment on a loss of a chance basis. Acted for the claimant in a WRULD case (tennis elbow) arising from repeated carrying and lifting of medical oxygen cylinders. Liability remained in issue and a favourable settlement was achieved. Acted for the defendant employer in a case arising from an airport worker slipping on ice at a major airport. The case concerned Regulation 12(3) of the Workplace Regulations 1992 and there were issues as to apportionment of liability between the employer and the airport operator. Acted for defendant in a case arising from slipping on a pontoon at a marina. Presently acting for a claimant in a claim arising from an expanding 'range' cooker, and another case where a passnager in acar suffered serious burns when the car battery came into contact with the rear seat of the car suffered serious burns when the car battery came into contact with the rear seat of the car and turned seat 'live'. David is presently acting for a major FTSE 100 company that is seeking to recover its outlay arising from multiple cliams arising from the malfunction of lifts in their premises.

Career

Called 1999; Lincoln's Inn.

Languages

French, German, Spanish.

Member

PIBA; PNBA.

Education

Jesus College, Cambridge (1996 BA Hons English); Lincoln College, Oxford (1997 History of Art); City University (1998 CPE Diploma in Law); Inns of Court School of Law (1999 BVC).

Leisure

Sailing, running, Spain.

Practice Areas

Costs; Health and safety; Personal injury - either side