Matthew Phillips
| Call date: 1993 | |||
| Email: Matthew Phillips | Clerk: Graham Woods | ||
|
|||
Practice summary
In the field of personal injury Matthew works almost exclusively on behalf of Claimants with catastrophic injuries and asbestos related diseases.
He has extensive experience of high value spinal and brain injury claims arising out of road traffic, industrial and sporting accidents.
Matthew has specialised in asbestos related disease claims for 15 years. During this time he has acted for Claimants against all the major industrial/commercial asbestos users and has lectured widely on asbestos related litigation. He was Junior Counsel in the House of Lords in the landmark causation case of Fairchild –v- Glenhaven Funeral Services & Others.
In the field of clinical negligence Matthew practices predominantly in birth injury and spinal surgery claims.
Matthew’s practices nationwide and he is happy to travel to meet clients.
He has been recommended by Chambers & Partners in personal injury since 2006 and appears in the “Spotlight Table” for industrial disease.
As a diversion from the law his interests revolve around the emotional rollercoaster that is Bolton Wanderers Football Club.
- Case name: Fairchild –v- Glenhaven Funeral Services Ltd. & others [2002]
- Case summary: Junior Counsel for two of the three successful Claimants in the House of Lords. Issue: causation in asbestos related mesothelioma claims. Landmark decision in the field of causation. Due to the limitations of medical science the Claimants could not prove which asbestos fibres were responsible for causing the mesothelioma. The House of Lords held that the established “but for” test of causation did not have to be satisfied – a material increase in risk was sufficient. Leading Counsel: Sir Sidney Kentridge QC and David Allan QC.
- Case name: Gawler –v- Raettig [2007]
- Case summary: Widely disseminated case dealing with the issue of contributory negligence for failure to wear a seat-belt in a road traffic accident. The Claimant was rendered paraplegic in the accident. The Defendant’s insurer challenged the established Froom –v- Butcher (Court of Appeal) guidelines. The first instance decision went in the Claimant’s favour and the Defendant attempted an appeal direct to the House of Lords under the rarely used “leapfrog” procedure. The Court of Appeal refused permission to appeal. Leading Counsel: Christopher Wilson-Smith QC.
- Case name: Mansfield –v- Trent Motor Traction Co. [2007]
- Case summary: First successfully litigated claim arising out of the relatively rare asbestos related condition of Retro-peritoneal Fibrosis (RPF). The Claimant experienced relatively light asbestos exposure as a motor mechanic. The RPF had a devastating impact on his kidney function.
- Case name: Dunn –v- National Grid Gas Plc. [2010] – not yet reported
- Case summary: Important first instance decision on the quantum of damages in a mesothelioma claim when the period of pain, suffering and loss of amenity was exceptionally short (5-6 weeks). The central issue was whether the JSB Guidellines should be applied. It was successfully argued on behalf of the Claimant that the JSB Guidelines were misleading and should not be followed. The sum of £45,000 was awarded under this head of loss.
- Case name: Hirst –v- William Proctor & Sons Ltd [2008]
- Case summary: A widely publicised first instance decision dealing with the issue of actionability in a low disability asbestosis claim (following the House of Lords decision on pleural plaques in Rothwell/Grieves). The trial Judge found that the Claimant suffered from a 1% respiratory disability and awarded provisional damages on the basis of that injury.
Chambers and Partners 2012: Matthew Phillips shows terrific strength in industrial disease work. Clients value "his approachability and clear communication," whilst lawyers appreciate his "ability to assimilate information quickly."
Chambers and Partners 2011: Highly regarded junior Matthew Phillips is particularly noted for his work on asbestos-related disease claims, matters he handles with aplomb. He epitomises the excellent client care skills on offer at the set and is further hailed for his "willingness to push cases."
Chambers & Partners 2008: “The “exceptional” Matthew Phillips received praise from those in the know”.
Chambers & Partners 2009: “Bright and unflappable …. Knows everything inside out- he’s good to have on board and is superb both technically and on his feet”.
Chambers & Partners 2010: “One of the most capable juniors around for dealing with the higher-value and higher-profile cases …. down-to-earth and client friendly”.
Appointments & memberships:
- APIL (Association of Personal Injury Lawyers)
- AVMA (Association for Victims of Medical Accidents)
- PIBA (Personal Injury Bar Association)