Personal Injury

On this page you will find the following, specifically related to Personal Injury;
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Members of the Becket Chambers Personal Injury group have wide ranging experience and are able to deal with personal injury cases at all levels of complexity. We act for injured individuals seeking compensation as well as clients (including insurers) defending claims.

If you or your clients believe they have a case for a personal injury claim, you can be confident of sound, objective advice relating to the likely outcome of your case. Our Barristers share a reputation for outlining pragmatic, realistic scenarios, and supporting claimants throughout the legal process, so that they can move forward satisfied that they have received the best possible outcome to their claim.

We recognise the importance of providing value to our clients and our Clerks will gladly discuss fees in advance of instructions.

Areas of specialisation include:

  • Costs
  • Employers’ Liability
  • Fatal Accident Claims
  • Inquests
  • Occupation Related Illness
  • Occupiers’ Liability
  • Road Traffic Accidents

Some members of Chambers will consider Conditional Fee Agreements where appropriate, otherwise work is undertaken based on Chambers’ standard terms. Please discuss your requirements with the Clerking team initially.

Case Studies

Representing a Claimant in a belated PI claim

Lavinia represented the Claimant who brought a claim against the Defendant for injuries sustained in a road traffic accident involving the Defendant’s insured. The accident itself was a low impact accident, which occurred when the Claimant was stationary in her motorcar and was hit by the Defendant’s insured, a motorcycle driving at around 30mph. Liability Continue reading

Successfully defending a RTA personal injury claim

Melanie successfully represented the Defendant at a fully contested one-day fast track trial in which liability and quantum were in issue. The court found the Claimant had not discharged the onus of proof, preferred the Defendant’s evidence and awarded costs to the Defendant.

Reasonable compensation for whiplash injury

Lavinia was instructed to represent the Defendant at the hearing to assess quantum of damages for a personal injury, sustained in a Road Traffic Accident. The injury was a relatively minor whiplash injury to the neck with duration of 12 months. The Claimants had valued the injury at £3,900. Lavinia made successful submissions that this Continue reading

Successful Limitation of Claim for Medical Expenses

Rachel acted for the Defendant at the Stage 3 Ministry of Justice hearing of a personal injury matter. Rachel successfully argued that, despite documentary evidence that the Claimant had undergone the number of physiotherapy sessions recommended by a medical expert, the special damages awarded should be limited to the cost of around one third of Continue reading

Assisting negotiations in a damages case for an injured child

Sophie prepared advice in respect of a child claimant involved in an accident at school. The claim brought was one of negligence, and centred on the school’s failure to prevent access to play equipment during poor weather. The child had sustained serious ankle injuries with on-going symptoms some months after the accident. The balanced advice Continue reading

Personal Injury Articles

Breaking the chain of causation

Introduction This article explores the recent case of Clay v TUI Ltd [2018] EWCA Civ 1177. Mr Philip Clay brought a claim for damages for personal injury against TUI UK Limited. Mr Clay sustained injuries when he fell from a balcony at a hotel in Tenerife, where he and his family had gone on a Continue reading

Further reform to Personal Injury – Crackdown on gastric illness in holiday claims

Introduction Hot on the heels of The Association of British Insurers (ABI) (in response to an apparent increase in whiplash claims) The Association of British Travel Agents (ABTA) has campaigned for reform in package holiday gastric illness claims. Personal Injury reform is a topic that I have previously explored under “Personal Injury Claims- further reform Continue reading

Clarification on the correct application of qualified one-way costs shifting

This article explores the correct way Defendant’s added to a claim after April 2013 should approach qualified one-way costs shifting (“QOCS”) It explains how QOCS should be applied in respect of an unsuccessful claim for damages for personal injury. In particular, the article reviews the recent Court of Appeal decision in Corstorphine (An Infant) v Continue reading

Fundamental Dishonesty; Clarity from the Courts

Although now a fact of life for personal injury lawyers since its introduction in April 2013, one aspect of QOCS (Qualified One Way Costs Shifting) has given rise to uncertainty: namely the thorny issue of how “fundamental dishonesty” is defined and how the term also applies to the Criminal Justice and Courts Act 2015 (“CJCA”).   Continue reading

The Judicial College Guidelines 14th Edition. The need for intelligent application rather than a rigid approach.

In September 2017, the 14th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases were published. This new addition has been updated to take into account inflation since the 13th Edition (which was published September 2015). The award across all categories has been increased in line with the Continue reading

Stage 3 Road Traffic Accident- power to transfer proceedings.

Low value, road traffic accident personal injury claims worth between £1000 and £10,000 have a streamlined process. The Pre-Action Protocol prevents parties from incurring disproportionate costs. The Protocol involves a three-stage process in which stage 3 is a quantum hearing adopting the simplest procedure possible. The recent case of Phillip v Willis [2016] EWCA 401 Continue reading

Personal Injury Testimonials

“Great news, great work.”

 

Mr M from Solicitors Instructing John Nee – January 18

“…That is an excellent result given potential issues that could have been raised – thank you very much for your attendance and actions on this matter…”

Mr W from Solicitors instructing Gayle Ashley – August 17

“…Our client also wished us to express her thanks on her behalf to you for such a successful outcome…”

Ms V from a firm of Solicitors instructing Sophie Gray – November 15

“….Sophie, great result. Thanks for your assistance….”

Mr B from a firm of solicitors instructing Sophie Gray – July 15

“….Thank you very much for your excellent attention and attendance….i have some very satisfied clients who wish to send their personal gratitude….”

Mrs M from a firm of solicitors instructing Ronald Edginton – June 15

“….I was impressed that Counsel, Holly Coates was very approachable….again i was impressed as this was the first time my firm has used Chambers and i have recommended your services to my colleagues….”

Mr S from a firm of Solicitors instructing Holly Coates -April 14