3PB

Employment; Personal Injury.

Overview

Thomas O'Donohoe specialises in personal injury law as an advocate and also has a busy advisory practice. He is willing to act on a conditional fee basis in appropriate cases.

For more detailed information please see his specialist profile pages.

Personal Injury

Thomas acts for claimants and defendants on fast and multi-track claims on matters of liability, quantum, costs and procedure. His work ranges from providing pre-action advice to drafting, conducting interim applications, and appearing at trial.

Recent cases have included:

• determining whether or not a defendant would be permitted to call its own expert evidence in relation to an alleged LVI collision
• determining the claimant’s ‘employer’ and applying the tests for the alternative bases of liability under the health and safety regulations
• a local authority’s liability for a dangerous defect on the highway
• employer’s liability for an unsafe system of maintenance work
• occupier’s liability for spillages in a nightclub
• split liability for a motorway road traffic accident
• costs budgeting in a multi-track claim involving complex orthopaedic evidence
• the assessment of general and special damages for burn injuries and complex dental injuries sustained by two young children
• the evaluation and settlement of a potentially career-long loss of earnings claim arising from alleged reduced cognitive abilities and involving intended future work outside the UK
• the assessment of loss of earnings in respect of a claimant self-employed through a limited company structure and also as a sole trader and employee
• the analysis of covert surveillance evidence of a claimant said to have been exaggerating her injuries

Thomas has a great deal of recent experience with costs budgeting and recently presented an update on that subject on behalf of the PI group to clients and solicitors of chambers.

Recent experience on behalf of defendants in particular includes striking out credit hire and other financial claims when instructed on behalf of a major regional bus company; striking out and obtaining an ‘exceptional circumstances’ costs award under section IIIA of CPR Part 45 in favour of a defendant to a personal injury claim; cross-examining a claimant at a hearing for the assessment of damages resulting in a significant reduction in general damages from the level indicated by the Judicial College guidelines; and representing multiple defendants at trial defending claims brought by multiple claimants.

Thomas is a member of the Personal Injuries Bar Association and is happy to accept instructions on a conditional fee basis where appropriate.

Credit Hire
Thomas is regularly instructed by claimants and defendants in proceedings involving claims for credit hire charges, often in addition to other heads of loss including personal injuries. Thomas has particular experience of the operation of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 and the analysis of rates evidence including cross-examination of the authors of rates reports. Thomas has also recently advised on claims for credit hire charges in respect of a damaged PSV licensed vehicle in a case also potentially engaging the ex turpi causa principle on the basis of unlawful loss of use as well as requiring consideration of relevant VOSA guidelines and the adequacy of the claimant’s insurance for hire and reward purposes under s.145 of the Road Traffic Act 1988.

Year of call 2007, Lincoln’s Inn.

Employment Law Bar Association (ELBA) Personal Injury Bar Association (PIBA) Appointed to the London C Panel of Junior Counsel to the Crown

BA Hons (Oxon), Magdalen College, Oxford Tutorial Prize in Modern History, Magdalen College, Oxford (2000/1) Exhibitioner, Magdalen College, Oxford (2000/1) Graduate Diploma in Law, City University (Distinction) Bar Vocational Course, Inns of Court School of Law (Outstanding, 4th in year)