Andrew is recognised by the Chambers & Partners and Legal 500 directories as a leading personal injury junior. The Legal 500 (2018/19) says that he is:
“very experienced in high-value catastrophic injury cases”.
Andrew acts for both claimants and defendants. He is regularly instructed in serious brain, spinal and orthopaedic injury claims worth in excess of £1m. He does not accept instructions in new cases with a value below £250,000.
Andrew has been appointed to the Attorney General’s Regional A Panel of Junior Counsel to the Crown for the period from 3rd April 2018 to 31st October 2023. The A Panel guidance notes state that its members deal “with the most complex government cases in all kinds of courts and tribunals. Members will often appear against QCs.” In this capacity, he frequently represents government departments, including the Ministry of Defence, in many high-value and often sensitive cases.
During 2018, he has represented claimants and defendants at Joint Settlement Meetings in more than 25 cases where damages in excess of £500,000 have been sought.
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;
- Military claims (in particular, defending the Ministry of Defence in many Non-Freezing Cold Injury and other serious injury claims);
- Multiple orthopaedic injuries;
- Brachial plexus injuries;
- 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;
- Employers’ liability issues;
- Public liability issues;
- 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); 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).
Personal Injury Cases
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) sustained by soldiers during training exercises and on deployment overseas. Issues of breach of duty, medical diagnosis and causation, combat immunity and the “loss of a chance” of longer military service often arise. Such claims often involve complex employment expert evidence and substantial claims for loss of earnings and pension.
C -v- MOD: Andrew is currently representing 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 has returned to India. The claimant’s preliminary Schedule of Loss exceeds £3,500,000. Questions arise as to the correct quantification of loss under English law where the claimant’s rehabilitation will take place in India.
A -v- B: Andrew acted as junior counsel, led by Will Waldron Q.C., on behalf of a claimant who suffered paraplegia following an accident. A settlement of £4,000,000 was achieved at a mediation in April 2018.
SC –v- AL: Andrew is currently acting as junior counsel, led by Will Waldron Q.C., for a motorcyclist who suffered a severe traumatic brain injury following an accident in May 2016. The claimant had an initial Glasgow Coma Score of 3/15 and significant retrograde and post-traumatic amnesia. He also suffered a spinal cord contusion at the level of T2/3.
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.
ST –v- DS: Andrew represented the Claimant, ST, who sustained a serious right brachial plexus injury, a mild traumatic brain injury, a de-gloving injury to his right arm and multiple fractures in an RTA in June 2014. Complicated issues arose concerning medical causation, the cost of flail arm orthoses and ST’s residual earnings capacity. Andrew obtained a settlement at a JSM in November 2017 of £925,000.
B –v- CPS: In July 2016, Andrew successfully represented the Crown Prosecution Service in the Court of Appeal when the claimant’s / appellant’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: 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, sitting as a High Court Judge, to adduce covert surveillance evidence three weeks before the start of a clinical negligence claim pleaded in excess of £2,000,000. The decision has been reported on Lawtel.
W –v- PC: In February 2016, Andrew acted alone against leading counsel on behalf of a firm of solicitors who faced a “show cause” wasted costs hearing in complicated litigation.
L –v- M: In March 2016, Andrew obtained a settlement of £500,000 on behalf of a deceased motorcyclist’s widow and dependants in a claim brought under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934. The deceased had set up a company shortly before his accident such that complicated accountancy evidence and ‘loss of a chance’ issues arose.
B –v- S: On 17th November 2014, Andrew represented the claimant at a High Court approval hearing following a settlement of a brain injury case in the sum of £1,550,000. Kenneth Parker J. approved the settlement on the basis of Andrew’s Advice on Quantum. The settlement was obtained following a JSM at which Andrew was led by Bill Braithwaite QC. The claimant was of doubtful capacity with conflicting expert medical evidence on the point. Parker J. approved the settlement so as to provide confirmation to the parties that a valid and binding compromise had been reached without the need for a protracted and costly trial of the issue of capacity.
J –v- G: During 2014, Andrew acted as junior counsel, led by Amanda Yip Q.C., for a husband and wife injured in a road traffic accident. Liability was admitted. The wife suffered a serious ankle fracture and, on the advice of her treating doctors, elected to undergo a below-knee amputation in April 2014. The husband suffered a moderate brain injury but responded well to rehabilitation and returned to work during the latter part of 2014. A settlement was obtained in November 2014 of £250,000 in respect of the husband’s claim and £1,350,000 in respect of the wife’s claim.
T –v- L and M: Andrew acted as junior counsel, led by Amanda Yip Q.C., on behalf of an injured rescuer who ran across a motorway to attend to a crashed car whereupon he was struck by another car. The claimant suffered a serious leg fracture and moderate brain injury. Despite the denial of liability, on the basis that some evidence suggested that the claimant already knew that the driver of the crashed car had been rescued prior to his attendance at the scene and ran out only to collect a hoodie for the driver, a settlement of £500,000 was achieved at a JSM in December 2013.
B –v- B: Andrew acted as junior counsel, led by Amanda Yip Q.C., on behalf of a claimant who elected to have a below knee amputation to address his symptoms of chronic regional pain syndrome that developed following a serious right leg fracture sustained in a road traffic accident. Andrew succeeded in striking out the Defendant’s pleading that the claimant had failed to mitigate his loss by electing to undergo an amputation. A settlement of £1,250,000 was achieved in May 2013.