3PB

Personal Injury; Clinical Negligence.

Overview

Eloise is a personal injury barrister with a busy practice representing both Claimants and Defendants. She appears in court most days - covering trials, CCMCs and interim applications - in addition to maintaining her paperwork and advisory practice.

Eloise frequently acts for Defendants, at trial and in the earlier stages of litigation, in claims involving allegations of fundamental dishonesty. She has persuaded the court to make findings of fundamental dishonesty, including findings of ‘phantom’ occupancy and staged or fabricated accidents, on a number of occasions. She has also secured a number of mid-trial drop hands offers. Her cross-examination has been described by the judiciary as “detailed and strong forensic examination” and she is known for pursuing matters “assiduously”.

Eloise’s multi-track work is predominantly Claimant based. She has assisted throughout the life of a number of cases and offered strategic advice accordingly, resulting in favourable settlements. Her Defendant practice also enables her to anticipate challenges and address potential issues at an early stage.

Eloise has a strong paperwork practice, advising and settling pleadings in matters worth over £100,000. She is adept at handling high value claims involving multi-disciplinary expert evidence, and has advised in both expert and client conferences. She is comfortable engaging with complex causation and quantum issues, as well as Ogden future loss calculations.

Eloise is developing her clinical negligence practice, including fatal accidents covering both the FAA 1976 and the LR(MP)A 1934. She has appeared in court and advised on many fatal claims worth over £100,000.

Eloise was recognised as a ‘Rising Star’ in the 2022 and 2023 editions of the Legal 500: Eloise is “excellent tactically with significant insight and experience to progress complex cases in fraught situations”, with an “excellent eye for detail” and “a real ability to grasp the key points of claim.”

Outside of work, Eloise enjoys snowboarding, salsa and running.

Personal Injury

Eloise’s experience incorporates the following areas of law:

Employers’ liability Occupiers’ liability Public liability Road traffic accidents Credit hire Holiday illness Accidents abroad Highways Act

Eloise Turnnidge accepts instructions for hearings and paperwork such as:

Trials CCMCs Interim applications, including: Strike out and summary judgment Expert evidence Disclosure (including specific and non-party) Procedural (Part 20, service, set aside judgment) Limitation (section 33) Drafting pleadings and interim applications Advising on liability, causation, quantum and costs

Recent cases include: 

S v S [2022] - Eloise obtained the dismissal of claims brought against her client’s insured driver, where there were significant concerns regarding causation of injury, balanced with liability issues on the Defendant’s side, with the Claimant’s primary case on liability aligning with the insured driver’s account.

Q v U and P [2022] - Eloise obtained a significantly reduced award in respect of a credit hire claim, persuading the judge to reduce the figure of approximately £12,000 to just £450.

N v S and H [2022] - Eloise acted for the successful Second Defendant in a strike out application, with issues engaging the principles in Cameron v Hussain [2019], defective service and other procedural issues. Eloise also assisted with the subsequent appeal, advising in respect of tactics and next steps, with the Claimant then abandoning his appeal.

B v H [2022] - Eloise acted for the Claimant from the outset of proceedings in this liability-disputed, multi-track (>£100,000) public liability claim with disputed, multi-disciplinary expert evidence. Eloise advised in conference, settled pleadings including the schedule of loss, and attended hearings through to PTR, advising on tactics and assisting in obtaining a substantial settlement for the client.

P and P v O [2022] - Eloise obtained settlement in terms that the Claimants do pay the Defendant’s costs, following her cross-examination of the Claimants and their subsequent drop hands offer.

R v I [2021] - Eloise acted for the Claimant in this RTA matter, where the Claimant sustained head injuries and psychological disorders. Her loss of earnings claim was complicated by the Covid-19 pandemic and pre-existing symptoms, however Eloise’s advice led to a substantial settlement without the need to issue proceedings.

K v U [2021] - Acting for the Defendant, Eloise obtained findings of fundamental dishonesty and phantom occupancy in this liability-disputed matter.

N and S v H [2021] - Eloise obtained findings of fundamental dishonesty in both claims in this matter, in which the Claimants alleged injuries arising out of an RTA, despite a lack of witness evidence for the Defendants.

C v K [2021] - Eloise secured a finding of fundamental dishonesty in this RTA matter in which the court accepted that the collision was caused by a ‘deliberate and calculated act of the Claimant’, with the judge also stating that she was unable to accept the Claimant had sustained any injury.

S v T [2020] - In this remote trial in which the Claimant was only able to connect via audio, Eloise acted for the Defendant and persuaded the judge to make a finding of fundamental dishonesty. The judge accepted that the Claimant had fabricated the accident.

S v E [2020] - In this claim worth approximately £50,000, arising out of an RTA for which liability was disputed, Eloise acted for the successful Defendant, securing dismissal of the claim on liability.

M v R [2020] - In this RTA matter, Eloise acted for the Defendant and obtained a finding of fundamental dishonesty, with the judge finding with ‘no hesitation’ that an alleged RTA had not taken place. Eloise highlighted inconsistencies in bank statements, odometer readings and the Claimant’s accounts surrounding the alleged injuries.

S v R [2020] - Eloise obtained a drop hands settlement in this credit hire matter, following her cross-examination of the Claimant at trial.

R v G [2019] - Eloise acted for the Defendant in this RTA matter, securing a strike out on the basis of principles set out in Cameron v Hussain [2019].

Clinical Negligence

Eloise Turnnidge is happy to accept instructions in the following clinical negligence specialisms:

Misdiagnosis Delayed diagnosis Negligent nursing care Surgical negligence Dental negligence Cosmetic negligence

Year of call 2015

Personal Injuries Bar Association The Honourable Society of the Inner Temple

BPTC (Very Competent), City Law School LLB (First Class Honours), University of Hertfordshire