Personal injury, catastrophic injury, disease, clinical negligence, abuse, group actions, insurance, counter fraud, criminal regulatory.
Philip has over 20 years’ experience of personal injury cases and specialises in high-value personal injury actions, clinical negligence claims and industrial disease cases, including Group Actions. He has been cited as a leader at the Bar in the field of personal injury work for many years. Notable cases include: Jolly v Harsco Infrastructure Services Limited [2012] LTL 8-11-2012 Cranston J (civil procedure; personal injury; Part 36); Cairns-Jones v Christie Tyler South Wales Division Ltd [2010] EWCA Civ 1642; (2010) LTL 27-2-2012 (personal injury; group litigation; industrial deafness; limitation); Smith v Skanska Construction Services Ltd [2008] EWHC 1776, (2008) LTL 5-8-08 Ousleley J (retrial of Smith v Kvaerner, below) (personal injury; road traffic; Thai law; effect of defendant’s claim on Thai motor insurance policy on claimant’s action in UK for negligence; approbation and reprobation; ratification of torts; abuse of process); KR & others v Royal & Sun Alliance plc [2007] PIQR P14; [2007] Bus LR 139 Court of Appeal (appeal from Simon J [2006] EWHC 48) (child abuse; effect of exclusion clause in insurance policy where abusers were directors/managers of defendant company); Smith v Kvaerner Cementation Foundations Ltd, Bar Council intervening [2007] 1 WLR 370; [2006] 3 All ER 593; [2006] CP Rep 36; [2006] BLR 244; [2006] ACD 51; (2006) 103(14) LSG 33; (2006) 156 NLJ 721; [2006] NPC 35 Court of Appeal (recusal; apparent bias of tribunal; waiver); Coulson v Griffiths (2003) LTL 26-11-03 (personal injury; whether road traffic accident caused by automatism attributable to encephalitis); S v Bryn Alyn Community (Holdings) Ltd (2003) LTL 7-5-03 Burnton J (application of Group Litigation Order to historical child abuse claims); KR & others v Bryn Alyn Community (Holdings) Ltd [2003] QB 1441; [2003] 3 WLR 107; [2004] 2 All ER 716; [2003] 1 FLR 1203; [2003] 1 FCR 385; [2003] Lloyd’s Rep. Med. 175; [2003] Fam Law 482 Court of Appeal (child abuse in children’s homes, liability; limitation; knowledge of significant injury/discretion to disapply limitation period; quantum of damages); James v Starbuck [2002] 6 QR 6 (personal injury; brain injury; loss of opportunity in employment; damages); Long v Tolchard & Sons Ltd [2001] PIQR P18 Court of Appeal (fresh evidence; limitation; discretion to disapply limitation period); Milner v Hepworth Heating Ltd (1998) LTL 28-7-98 Court of Appeal (limitation; noise-induced deafness); Wilson v Governors of the Sacred Heart RC School [1998] 1 FLR 663; [1998] ELR 637; [1998] PIQR P145; [1998] Fam Law 249 Court of Appeal (education; teacher’s duty to supervise).
Called 1989; Bar Standards Board appointed external moderator for the Bar Professional Training Course (Civil Litigation) 2010-2012; appointed (with Marc Howe) to reformulate the syllabus for the Civil Litigation module on the BPTC course in 2014; delivers annual lectures on drafting to the Bar Professional Training Course at Nottingham Trent University and the Kaplan Law School in London; delivered guest lectures to students at the University of Darwin (Northern Territories, Australia) on the subject of Tort law; voluntary adviser at the Hyson Green Law Centre since 1990.
Personal Injuries Bar Association; Professional Negligence Bar Association; Health & Safety Lawyers Association; Nottinghamshire Medico-Legal Society (committee member).
University College of Wales, Aberystwyth (LLB Hons).