Henry is a public sector specialist with over 20 years' experience in advising public sector bodies. He specialises in social care claims, highways, human rights, occupiers' liability, employers' liability, stress, public rights of way and 'power and duty' cases. His work includes recovery of indemnities under outsource contracts and contributions from abusers. With particular experience in CSE (Child sexual exploitation), he is used to 'press cases' and is media trained. Chambers & Partners describes Henry as "an experienced personal injury solicitor with comprehensive knowledge of litigation concerning public sector bodies", while The Legal 500 notes that he is known for "his expertise in social care work involving historic abuse and deprivation of liberty". He was President of the Forum of Insurance Lawyers (FOIL) in 2008. He is an active contributor to ALARM, speaks and writes regularly on public sector issues. Notable cases: CGH v K (a school) 2005, Claims arising from CSE Operations (2008-2015), The Employers' Liability Trigger Litigation (2012 UKSC-14), The Midlands Section. 20 Litigation.
England - West Midlands • Insurance
Weightmans LLP
Weightmans LLP is recognised as one of the leading defendant personal injury practices in the UK and acts for most major insurers and a number of FTSE 100 companies. Among its leading practitioners are Chris Webb-Jenkins who leads on social care and safeguarding matters; Navdip Wilson who has particular expertise in chronic pain claims and Henry Bermingham who excels in public sector cases. David Tuck heads the Birmingham disease team and Penelope Marshall handles a wide range of litigation on behalf of local government and public sector clients. Bruce Ralston is another name to note for his particular knowledge of sports liability issues.
Legal 500 Editorial commentary
Testimonials
Collated independently by Legal 500 research team.
‘Excellent local government team based in Birmingham. A wealth of knowledge and very friendly team'.
‘Henry Bermingham - quite simply one of the top solicitors in his field’.
‘Good level of knowledge in the teams for public sector claims, sound advice provided over a range of claim types. Good partnering and collaboration on cases'.
‘Technical knowledge and eye for detail important as well as always having an eye on the economics of a case. Peppy Marshall is exceptional. Shaheen Akhtar and Yvonne Hudders are also very good in these area'.
- 'The team is always very reactive and pro active'.
- 'Navdip Wilson is always my go to as I know any new instructions will be dealt with immediately and effectively'.
- 'Highly experienced and been in the disease law business for decades. Limited higher level solicitor turnover so have some longstanding people who bring knowledge and understanding to the whole team'.
- 'David Tuck has many years of experience and knowledge in disease. He is brilliant to work with and pragmatic in a positive way. Well liked by the insurance industry'.
Key clients
- AIG
- Broadspire
- Gallagher Bassett
- MMI
- Medical Defence Union
- NHSLA
- Nottinghamshire County Council
- Sandwell MBC
- Topmark Claims
- Travelers Insurance
- Warwickshire County Council
- Worcestershire County Council
- Mid and South Essex NHS Foundation Trust
- Zurich
Work highlights
- Advising the insurers in relation to a high value disease claim pleaded at £3.7m in which the claimant sought recovery of over £2m in damages to cover Inheritance Tax that his estate would incur because of his inability to appropriately tax plan due to his premature death. Negotiating a settlement of just over £1m saving the insurers over £2m.
- Acting in a multi-defendant case involving injury to the claimant’s eye at work using work equipment. It was advising Pilgrims Pride who were joined into the litigation because of a dispute about the ownership of the premises. Claim was dismissed at trial as the Judge concluded that the accident was not ‘reasonably foreseeable’ and the Claimant had failed to plead a positive case against Pilgrims Pride.
- Successfully advising a healthcare trust in relation to a claim that a patient had been discriminated against on the grounds of his religion or belief. The defendant was successful in its application and obtained an enforceable costs order. The claimant also provided an undertaking that they would not attempt to bring a further claim arising out of the same subject matter.
Lawyers
Leading individuals
David is the head of service delivery for disease claims at Weightmans and has specialised in the defence of all types of occupationally induced disease claims for over 20 years. He specialises in occupational cancer and lung disease claims, especially all asbestos related conditions as well as asthma and work related upper limb disorders. David is instructed regularly by insurers, large corporates and public bodies as well as clients who have no insurance cover and advises clients on Transfer of Undertakings Regulations, corporate liability, associated risk management and policy issues. David has extensive experience in dealing with the transfer of liabilities arising from Local Government reorganisation and in the Further Education sector. He is regularly involved in seminars on these, as well as other aspects of disease litigation both internally and externally.
Practice head
The lawyer(s) leading their teams.
David Tuck, Chris Webb-Jenkins, Penelope Marshall, Henry Bermingham, Navdip Wilson, Bruce Ralston