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Barristers

Robert Smallwood

Robert Smallwood

Work Department

Serious Injury and Clinical Negligence.

Position

Robert is Deputy Head of the No5 Personal Injury Group and practices exclusively in the fields of Catastrophic Personal Injury and Clinical Negligence.

Robert has a national reputation and is ranked as Tier 1/Band 1 ‘Leading Junior’, instructed on behalf of Claimants and Defendants on an approximate equal basis.

Robert’s practice is such that he is instructed almost exclusively against or instead of leading counsel in cases involving difficult liability issues, complex medical or expert evidence and high value quantum.

Over the past 12 months he has acted in cases involving:

·         The full range of TBI, including subtle injury and capacity issues.

·         Spinal cord injury, including tetraplegia and paraplegia claims.

·         Amputations. He is currently acting in cases involving above and below knee amputations, above and below elbow amputations and a case of bilateral below elbow amputation.

·         Polytrauma. Normally as a result of pedestrian or cyclist v motor vehicle.

·         FND and associated conditions. Robert has a particular interest and specialty in this area and has lectured on the issue to counsel, insurers and solicitors. He is instructed in several FND cases with catastrophic symptoms, including blindness, limb paralysis or tremor and NEAD.

·         Pain Disorders. Robert has lectured extensively and has a national reputation on this issue.

·         Fundamental Dishonesty. Robert has been instructed by insurers in 3 trials in the last 6 months in cases pleaded at £1M+.

·         Fatal Accident claims with complex dependency issues;

What the Directories say: Tier 1/Band 1 ‘Leading Junior’

Legal 500 2025 Robert has fantastic attention to detail that make a real difference in complex cases. He is superb in conference with experts and very robust in JSMs with opponents. His trial advocacy is best in class.

Chambers UK 2025 Robert is highly forensic in his approach, with good client service as well. I would have no hesitation in instructing him again. Superb counsel. He is highly rated and he knows his stuff.

Chambers UK 2024 Robert is brilliant on the detail and tactical planning. A forceful advocate. A tenacious litigator when on his feet but equally good on paper.

Legal 500 2024 Has attention to detail, a first-class trial advocate and a great manner with clients. He is very strong in conference with witnesses and experts. He gives robust and pragmatic commercial advice.

Chambers UK 2023 A phenomenal operator, capable of dealing with the highest value cases.

Legal 500 2023 A tenacious advocate. Robert is excellent. He is strong on detail.

Legal 500 2021 He combines excellent negotiation skills with a very good client manner and willingness to fight in difficult cases. He regularly appears opposite silks without a leader.

Legal 500 2019 A junior handling the work of a silk.

Career

Called to the Bar 1994; lectures to solicitors and insurance clients on all aspects of personal injury litigation and recent developments. Recent lectures in the past 24 months include:

·         Litigating FND and Pain claims

·         Amputations and prosthetics: Maximising the claim

·         Future proofing in catastrophic claims litigation

·         Maximising damages in catastrophic claims

·         Fundamental dishonesty

·         Accommodation claims post Swift v Carpenter

·         Loss of earnings claims and Ogden discount

Memberships

PIBA; AvMA

Education

LLB Hons.

Leisure

Keen golfer and skier.

Mentions

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