Overview
Recognised as a leading chambers in this field, we offer specialist advice and advocacy across the full spectrum of personal injury work – from tripping accidents to catastrophic brain and spinal injury cases – and extensive experience in multi-party actions and public inquiries.
We aim to provide clear advice on the merits and value of claims and successful guidance through the complexities of litigation or alternative dispute resolution, managing cases with tact and sensitivity.
Publications written or contributed to by members of the team include:
Butterworths Personal Injury Newsletter:
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January 2012, Vol 4 Issue 1
The distortion of responsibility?
Patrick Sadd analyses the courts’ approach to vicarious liability in cases which involve abuse
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December 2011, Vol 3 Issue 12
Giving credit where credit is due
Should credit be given in accommodation claims where family members live with a claimant at no cost to themselves? Jonathan Hand reports
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November 2011, Vol 3 Issue 11
A circular argument
Gerard McDermott QC examines an insurance-related conundrum which the European Court of Justice must get to grips with
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September 2011, Vol 3 Issue 9
Happy holidays
When is a holiday a package holiday? Ben Bradley reports
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August 2011, Vol 3 Issue 8
Who is the successful party?
Kate Edwards analyses the implications of the Court of Appeal’s decision in (1)Medway Primary Care Trust (2) Ashiq Hussain v Sebastian Marcus
Track record and prominent cases
We have acted in numerous multi-party claims such as the Cape Asbestos action, Bangladesh arsenic and Giambrone food poisoning cases.
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Fairchild v Glenhaven Funeral Services Ltd [2002] 1 WLR 1052
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Freeman v Lockett (2006) EWHC 102 – A case concerning the effect of state funding for care.
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Corbett v S Yorks HA - Test case on the issue of indexation of periodical payments and the implications of the Working Time Directive for a resident carer of a brain damaged claimant with long life expectancy.
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(‘Bangladesh arsenic litigation’ – House of Lords' Appeal in a group action by hundreds of victims of arsenic poisoning in Bangladesh, dealing with whether foresight of personal injury is sufficient, on its own, to constitute the proximity required to establish a duty of care.
Our clients
We work with claimants and defendants in every aspect of this field.
What the directories say
THE SET Outer Temple has barristers who are "first-class in terms of intellect and legal knowledge." Its members are applauded for their excellent client handling, an attribute that is especially important in this most sensitive area of the law. In a market where solicitors are demanding greater accessibility from the Bar, Outer Temple does well, presenting as "a highly professional organisation with a modern mindset." Its approach is bolstered by the efforts of its clerks, who are noted for their efficiency and friendliness when dealing with the demands of instructing solicitors.
SILKS Hugely popular silk David Westcott QC has "a sharp eye for detail" and "a fantastic intellect," which he has applied on behalf of claimants in numerous high-value catastrophic injury cases of late. Considered "a very good performer in negotiation," he also proves an equally commanding presence in the courtroom and when put before clients. Another favourite of instructing solicitors is Gerard McDermott QC, who has supreme interpersonal skills. He displays "a good manner with judges, due respect for opponents and great empathy with clients." His formidable capacity for hard work was recently brought to bear in a series of multimillion-pound brain injury and tetraplegia cases. No stranger himself to cases of great magnitude, Christopher Wilson-Smith QC acts for both claimants and defendants on catastrophic injury cases. Commentators say that he is "a firm advocate who is excellent when confronted with novel issues and situations that might unman a lesser barrister."
JUNIORS 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." His practice includes catastrophic head and spinal injury and tetraplegia cases, many of them multimillion-pound claims. Harry Trusted impresses instructing solicitors when handling cases involving brain injury, RSI, work-related asthma and psychological injuries. He is much sought after as "he is the sort of barrister that does all, if not more, than is expected of him." The same could also be said of the "solid, hard-working and diligent" James Aldridge. He impresses on employers' liability, public liability and RTA cases, while Christopher Kemp is known for his handling of catastrophic brain and spinal injury cases. Instructing solicitors consider Kemp to be "excellent on his feet," lauding him as a "strong, standalone junior."
The "talented" Nathan Tavares is a sound choice for high-value brain and spinal injury cases, and is noted for his particular expertise on cases involving military and aviation aspects. Solicitors rate him for his "industrious approach, measured advice and independent perspective." They further appreciate the efforts of the "methodical, clear and concise" Eliot Woolf. He is well known for his industrial disease work, tackling work-related upper limb disorder cases, asthma, noise-induced deafness and asbestos-related claims. His profile continues to grow as a result of his skills in preparation and negotiation and his reputation for being "charming and very easy to work with." Woolf also regularly handles RTA cases, a practice which has recently encompassed a number of military claims. Others recommended at the set include Nicolas Stallworthy, "a strong barrister with a sensible approach," and Alison McCormick, a highly regarded personal injury practitioner whose analytical and technical capabilities make her a popular choice for high-value RTAs, employers' liability and industrial disease matters. "Chambers and Partners 2011"
Interviewees agree that Outer Temple Chambers "does everything a leading personal injury set should." "Well run, efficient and friendly," it caters for both claimants and defendants, and possesses members who have experience of a broad range of claims, including cases that involve catastrophic injuries and industrial disease. Prominent here is Andrew Spink QC, one of the most popular and sought-after members of the Bar. Commentators note that “you can rely on him to provide imaginative solutions and sound judgement." Much of his time is spent handling either multiparty group actions, claims involving foreign jurisdictions or catastrophic brain and spinal injury claims.
“One of the real stars of the set," David Westcott QC is a familiar name amongst leading personal injury solicitors. "Extraordinarily clever and a terrific advocate,” he has expertise in clinical negligence cases, acting for both claimants and defendants, and across the full range of personal injury work, where he focuses on the representation of claimants. Clients rate him highly, as they do Christopher Wilson-Smith QC. Wilson-Smith is deemed “very sound indeed" and wins the confidence of solicitor and client alike. One source said of him: "I trust his judgement implicitly, find him excellent at analysing detailed evidence, and am in awe of his cross-examination skills.” His recent cases include a number of catastrophic brain and spinal injury claims. Also hugely respected, Gerard McDermott QC is “extraordinarily good at catastrophic brain injury cases." Interviewees were particularly effusive in describing him, applauding his "attention to detail and excellent judgement.” His high-profile workload has included securing a £3.65 million settlement for a young paraplegic, following an appearance in the Court of Appeal.
Clients believe that Matthew Phillips is “one of the most capable juniors around for dealing with the higher-value and higher-profile cases." During the past twelve months this "down-to-earth and client-friendly” practitioner has focused exclusively on catastrophic brain and spinal injury claims, and cases involving asbestos-related diseases. Nathan Tavares has built his reputation on having "sound judgement and a good, approachable manner." A good choice for managing difficult clients, he represents both claimants and defendants. His expertise covers many bases, including equestrian and aviation claims, as well as cases with a mental health element. The “considered, careful and extremely bright” Harry Trusted also works for both claimants and defendants. He applies his “detailed medical knowledge and quick comprehension of challenging issues” to a range of high-value claims.
James Aldridge is a popular choice for claimant personal injury solicitors. The many that use him point to his "excellent attention to detail" and "first-class, sympathetic client-handling skills." They also favour Christopher Kemp, a "fantastic advocate” who is highly regarded by clients, solicitors and the Bar alike. His practice encompasses all kinds of catastrophic personal injury claims and he has niche expertise in sporting injuries. Praise was also forthcoming for the “responsive and proactive” Nicolas Stallworthy, who is prized for his thorough knowledge of the law in this area, as well as his "sensitive and client-friendly approach." Finally at the set, Eliot Woolf comes highly recommended for his "thorough and reliable attitude," and his "unusually good understanding of costs issues." A significant amount of his recent work has involved military claims, although he continues to receive instructions for high-value RTA claims. Chambers and Partners 2010
Outer Temple Chambers is rated highly both for its counsel and clerking. Gerard McDermott QC is ‘a first-choice leader for many’, and David Westcott QC is a ‘silk of choice’. Christopher Wilson-Smith QC is ‘a spectacular advocate’ with considerable ‘gravitas and experience’. Leading juniors include Eliot Woolf, ‘a real star’, and Nathan Tavares, who is ‘destined for silk’. Christopher Kemp is ‘a talented adviser’, Harry Trusted is ‘excellent and thorough’, and Jonathan Hand has ‘first-rate knowledge’. Legal 500 2011
Memberships and involvement
Members of our team regularly lecture and conduct seminars on developments in personal injury issues for the legal profession and insurance industry. We also contribute to the press and to legal publications. We belong to a number of relevant professional bodies such as the Association of Personal Injury Lawyers (APIL) and the Personal Injury Bar Association (PIBA).
