Personal Injury: Defence
Andrew is a senior junior with substantial experience of Defendant personal injury work. He is regularly instructed by Defendants in catastrophic injury claims including serious traumatic brain injury, serious spinal injury and amputation claims. He does not accept instructions in new cases with a value below £250,000 unless a novel point arises.
Friendly and approachable, Andrew is consistently recognised by the Chambers & Partners and Legal 500 directories as a leading personal injury junior. The Legal 500 (2021) says that he is:
“A lawyer of real quality. He is intellectually the equal of anybody. He has a wide and extensive knowledge of personal injury cases at the highest level and comes at them with balance, because he represents both Claimant and Defendant firms. Brings an intensity to cases that pays dividends.”
Andrew settles approximately £20 million of claims on behalf of Defendants each year. During the first six months of 2020, he has represented Defendants at more than 20 JSMs in cases valued over £500,000.
He is a member of the Attorney General’s Regional ‘A’ Panel of Junior Counsel to the Crown. In this capacity, he frequently represents the Ministry of Defence and other Government Departments in high-value and sensitive cases, often appearing against Leading Counsel.
Further, Andrew’s experience in representing Claimants enables him to view cases from his opponents’ perspective. He adopts a friendly and collaborative approach in settlement discussions with Claimants but is robust where necessary.
Andrew is also a door tenant at 12 King’s Bench Walk in London.
His experience includes cases involving:-
- Serious traumatic brain injury;
- Subtle brain injury;
- Serious spinal injury;
- Brachial plexus injury;
- Military claims (in particular, defending the Ministry of Defence in many Non-Freezing Cold Injury, Noise-Induced Hearing Loss and a range of serious injury claims);
- Fatal accident claims under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934;
- Chronic pain, CRPS, fibromyalgia and somatoform disorder;
- Serious psychiatric injury;
- Sports accidents;
- Accidents abroad, including disputes as to jurisdiction and applicable law under Rome II and the Private International Law (Miscellaneous Provisions) Act 1995;
- Industrial disease (including mesothelioma claims concerning the cost of immunotherapy treatment);
- Harassment, bullying and abuse claims; and
- Insurance disputes related to personal injury litigation (e.g.: claims involving the MIB’s Uninsured and Untraced Schemes, Article 75 insurers and Section 151 of the Road Traffic Act 1988).
Andrew’s recent cases include:
Various –v- MOD: Andrew is currently representing the Ministry of Defence in a significant number of high-value claims for Non-Freezing Cold Injuries (NFCI) and Noise-Induced Hearing Loss (NIHL) sustained by soldiers. These cases frequently involve limitation issues; difficult liability issues; complicated medical causation issues; significant quantum issues concerning the lost chance of a full military career with detailed loss of earnings and pension calculations; and complicated procedural case management issues.
Malcolm Carew -v- MOD  6 WLUK 858: Andrew defended the Ministry of Defence at the limitation trial in June 2019 in this claim by a former soldier for damages for Non-Freezing Cold Injuries. The claimant alleged fourteen cold exposures between 2004 and 2016. Six of the cold exposures were ruled to be time-barred; six were permitted to proceed; and two were accepted to be in time. The claim settled following the limitation trial.
C -v- MOD: Andrew represented the Ministry of Defence in a claim by an Indian soldier who suffered a traumatic below-knee amputation whilst participating in a joint training exercise with the MOD in the UK. The claimant returned to India. The case raised various difficult issues including the correct quantification of loss under English law where the claimant’s rehabilitation will take place in India; the cost of care in India; the reasonableness of Indian prosthetic provision; the use of English and Indian experts; and consideration as to whether a different discount rate should be applied under the Damages Act 1996. The claim settled at a JSM in March 2020 for £700,000.
ERS -v- BTL: Andrew defended a haulage company against a substantial claim by its motor insurer for the reimbursement of sums paid out to third parties following a serious road traffic accident when a lorry collided with a Metrolink tram in Manchester. The case raised difficult issues concerning forms of consent and assignment, material non-disclosure, Section 151 of the Road Traffic Act 1988 and unjust enrichment. The case settled at a Mediation in January 2020.
L –v- H and M: Andrew represented the defendants in a claim arising from a riding accident at a livery yard in which the claimant fell from a horse and was rendered paraplegic. The claimant was represented by leading counsel. The claimant’s schedule of loss exceeded £4 million. Andrew successfully negotiated a settlement of £150,000 in January 2018.
N -v- MOD: Andrew represented the Ministry of Defence in a claim by the widow of an Army Corporal killed in a Challenger Tank accident at Castlemartin Ranges, South Wales, in June 2017. The gun’s obturator pad had been removed for cleaning and it was fired with the pad missing. Ignition gases backfired into the tank’s compartment. Further propelling charges that were lying on the compartment floor exploded. They should have been kept in the secure charge bin. Two Corporals were killed and two others were very seriously injured. A confidential settlement was negotiated at a JSM in August 2019.
B –v- CPS: In July 2016, Andrew successfully represented the Crown Prosecution Service in the Court of Appeal when the claimant’s oral application for permission to appeal was refused. Andrew also successfully represented the CPS at the civil jury trial in February 2015 involving allegations of malicious prosecution and misfeasance in public office. Andrew is one of the few civil barristers with real experience of civil jury trials.
Watson –v- MOD  EWHC 3163 (QB): On 8th April 2016, Andrew acted alone against leading counsel in successfully representing the Ministry of Defence in its application before H.H.J. Yelton to adduce covert surveillance evidence three weeks before the start of a clinical negligence trial in a claim pleaded in excess of £2,000,000.