Philip is a specialist Personal Injury and Clinical Negligence practitioner, instructed on behalf of claimants and defendants. With experience beyond his year of call, Philip advises and appears for clients in fast-track and multi-track proceedings. He is able to leverage his qualification as a doctor to provide fresh insight to even the most complex of injury claims. Philip also accepts instructions in associated costs matters.
Philip is commended by his instructing solicitors for his ‘punctual and succinct’ advice, and he is always happy to discuss prospects informally, prior to instruction.
Philip’s Personal Injury practice is focused towards high-end fast-track and multi-track litigation. His experience is across the spectrum of personal injury matters and at all stages of proceedings, from advising on prospects through to trial and determination of costs. He is regularly instructed on matters involving fraud/fundamental dishonesty and demonstrates a strong track record of success in this area.
Philip has a growing practice in industrial disease, with particular emphasis on asbestos-related claims.
Examples of Philip’s recent work include:
• Successfully representing a child pedestrian and two secondary victims at multi-track liability trial against experienced Counsel. The secondary victim claims have subsequently settled on Philip’s advice.
• Securing high 5-figure settlement at JSM for Claimant suffering functional neurological symptoms following an RTA. Causation of injury remained in dispute and was particularly complex – there were 5 different medical specialties instructed over the course of the case.
• Advising from outset through to settlement on multi-track matter involving provisional damages claims for e.g. catastrophic haemorrhage, pulmonary emboli, and chronic ulceration. The presence and extent of future risk was in dispute.
• Advising on 5-figure settlement of an asbestosis claim with multiple defendants, including one for which the insurer could not be traced. Liability and quantum remained in issue at the date of advice.
Philip is the author of the Butterworth’s Personal Injury Litigation Service chapter on Highway Claims.
Philip has a particularly strong Clinical Negligence practice. The knowledge he has gained from qualifying as a doctor gives him invaluable insight into the medical profession and a deep understanding of factual issues.
As a result of Philip’s experience, he is often instructed as sole Counsel on complex and high value claims, often involving multiple experts for each party. Recent examples of Philip’s work include:
• Sole Counsel on a matter involving death from Covid-19, due to delayed diagnosis and treatment of multiple myeloma.
• A dental negligence claim for failure to identify and refer a claimant for recurrence of his odontogenic cyst.
• Advising on quantum in a fatal accident for failure to adequately treat an exacerbation of COPD.
• Securing a 5-figure settlement in a matter where inadequate consent was obtained for hysterectomy.
Philip is a co-author for the revised Clinical Negligence chapter in the Butterworths Personal Injury Litigation Service manual.
Philip is able to attend inquests where prospects are sufficient.
Philip has a growing Costs practice representing both claimants and defendants. He regularly undertakes CCMCs, negotiates interim payments, and advises on costs issues. His PI and Clinical Negligence practice gives Philip an excellent understanding of fixed costs provisions and QOCS.
Recent examples of costs issues Philip has dealt with are:
• Award of costs where Claimant only beat Defendant’s Part 36 offer by reason of evidence adduced with an ad hoc relief from sanctions application on the day of trial.
• The applicability of QOCS to counterclaims.
• Award of the Defendant’s costs against a non-party credit hire organisation in a matter where the claim had been struck out for the Claimant’s failure to comply with court orders.
• Circumstances in which a Claimant might avoid the liability for costs arising from their discontinuance of a claim.