Ian Denham is a leading junior in the field of personal injury with a particular expertise in catastrophic injury, wrongful deaths and accidents abroad.
His personal injury covers the following areas:
Ian’s practice is split between cases where injury was sustained at home and abroad, although there is considerable crossover between the two. In terms of injuries within the jurisdiction, Ian has an expertise in:
In terms of accidents abroad, he has considerable expertise in respect of:
Ian often acts in claims where a foreign domiciled claimant has suffered injury in the UK, but sustained further losses after returning home.
He has developed a particular expertise in cases involving the law of other common law jurisdictions, including Scotland, Guernsey, Gibraltar, New Zealand, Australia and Cyprus.
Ian regularly attends Coronial Inquests, acting broadly equally for families and NHS Trusts and has considerable experience acting in high profile proceedings including those where article 2 applies.
Ian prides himself on providing a proactive and accessible service and looks to provide creative, practical and commercial advice to his clients.
Ian is a leading personal injury junior and regularly acts for both claimants and defendants in cases involving serious and catastrophic injuries.
He has extensive experience in spinal and brain injuries claims with complex future care and accommodation requirements.
Further, he has considerable experience in dealing with complex fatal accidents claims especially where there are family dependants across multiple households.
Beyond his advisory work, Ian is an accomplished advocate and is regularly instructed to act for both claimants and defendants at trial and contested hearings.
Yordanov v Vasilev and Atanasov v Vasilev [2024] EWHC 1496 (KB).
Succeeded in obtaining judgment at a preliminary issue trial which concerns a high-speed road traffic collision. The claim involved arguments as to whether Bulgarian or English law should apply to the claim brought by Yordanov and is presently one of the leading cases on the interpretation of articles 4(2) and 4(3) of the Rome II regulations, which determine which law applies to a negligence claim.
JG v AC (Settlement 2024)
RTA in Guernsey governed by the law of Guernsey. The 20 years old Claimant suffered catastrophic injuries (C7 complete tetraplegia). Contributory negligence / causation issues raised regarding a failure to wear a seatbelt. Additional complexities to regular catastrophic spinal cord injury included the Claimant’s pre-existing learning difficulties, that proceedings had to be issued in Guernsey, the requirement to use 3 separate discount rates for different losses, and the limited care facilities available on Guernsey.
The claim settled for £23 million which is believed to be the highest ever out of court settlement for a case in Guernsey.
Fleming v Zurich Insurance plc [2023] EWCA Civ 1417, 2023 WL 08719002
Represented Mr Fleming, who had previously been acting in person, on a second appeal before the Court of Appeal, on a pro bono basis through Advocate. The appeal was allowed.
Claimant had pursued his claim in person for modest whiplash type injuries. He had permission to obtain a further medical report which supported a claim for a permanent injury to his spine. He had also been granted permission to rely on updated schedule. The statement of value at issue was up to £10,000. The updated schedule was pleaded at a figure of around £500,000.
The Claimant sought permission to amend the statement of value approximately 2 months before trial. Permission was refused before DDJ and CJ on appeal. Ian persuaded the Court of Appeal that Claimant ought to have been permitted to increase statement of value given previous case management directions. The judgement provides welcome clarity on scope of CPR 16.3(7) and the requirement to apply to amend the statement of value when the valuation is insufficient.
Alli-Balogun v (1) On the Beach (2) Zurich Insurance plc (3) Hosa Hotels (4) Insitut de Balear (5) Mapfre Espana (6) Meeting Point Youtravel (7) Viajes Sidecars (KBD, 2024)
A complex case involving a child who suffered severe brain injury as a result of nearly drowning in a swimming pool while in Spain.
The claimant was catastrophically injured so this is an extremely high value claim. The claim involved five defendants and two additional parties located in multiple jurisdictions. The assessment of damages involved the application of English and Spanish law, an issue rarely if ever previously considered by the court in a personal injury context.
Acted for the Fourth Party unled. Claim settled for a six figure sum.
Multiple Claimants v The Royal Papworth Hospital NHS Foundation Trust (2024)
Acting for multiple claimants who were all exposed to the pathogen Mycobacterium Abscessus from the hospital water supply whilst receiving care at the Royal Papworth. Two of the ten claimants died of complications associated with the infection. Remaining claimants have reduced life expectancy and quality of life. Led by Eliot Woolf KC.
Acted as sole counsel at the Inquest relating to the death of two patients (see below).
JJM v T (KBD, 2024)
Infant Claimant sustained a complete T1 spinal cord which rendered paraplegic as a result of the damage to his spinal cord. JJM was aged 23 months at date of injury. Drafted Schedule of Loss and advised on quantum. Led by Matthew Phillips KC. Settled for an 8 figure sum.
P and 4 others v Europaiki Pisti Anonymi Genikon Asfaliseon (KBD, 2024)
Acting for 5 passengers who sustained serious to catastrophic injuries following a motor accident in Greece. Greek law applies. Issues concerning the insurance cap and the extent to which benefits may be deducted from a claimant’s award of damages.
JXL v (1) GD (2) Prometheus Insurance (KBD, 2023)
Acted for a claimant who suffered a catastrophic head injury after being struck by a motorcycle in Gibraltar. Liability, quantum and applicable law all in issue. Law of Gibraltar applied. Led by Eliot Woolf KC. Settled for over £6.6 million.
J v B (QBD, 2023)
Catastrophic spinal injury case following a motorcycle accident in Scotland. Scots law applied. Led By Gerard McDermott KC. Settled for an 8 figure sum.
Inquest into the deaths of Karen Starling and Anne Martinez (Inquest, 2022)
Instructed to represent the family of two women who had been admitted to the Royal Papworth Hospital for lung transplant surgery. Following surgery and whilst under the care of the Trust they were exposed to the pathogen Mycobacterium Abscessus from the hospital water supply. An infection followed which required aggressive antibiotic treatment which ultimately led to the deaths of both women. The Coroner considered how the deceased came to be exposed to Mycobacterium Abscessus and in turn how Mycobacterium Abscessus came to be in the water supply. A prevention of future deaths report was issued to the Health Secretary to address, in particular, the relevant HTMs used at hospitals in respect of water supplied to immunosuppressed patients who are at an increased risk of Mycobacterium Abscessus infections.
IP v EP (KBD, 2022)
Advised in relation to a 4 year old who sustained a T3 spinal cord injury rendering her paraplegic. Led by Matthew Phillips KC. Settled for £13.8 million.
Inquest into the Death of Allie Birchall (Inquest, 2022)
Instructed to represent the family of a young child who died after being exposed to an E.coli infection (serotype 0145:H28 with Stx2 gene positivity) which caused severe haemolytic uraemic syndrome (HUS), associated with kidney failure and with critical neurotoxic effects on the brain. The particular serotype had not been previous recorded in the UK and it is suspected that it originated in Turkey.
P v KBC Verzekeringen (QBD, 2022)
Acted for a Belgian Insurer and 2 clinicians in a clinical negligence claim. The claimant alleged negligent septorhinoplasty and liposuction and sought damages for cosmetic and psychiatric injury. Pleaded at over £1 million, settled for £150,000.
PQR v Generali Assurances (QBD, 2020)
Acted for a French insurer following a claim brought by a brain injured claimant following a motor accident in France. The claim involved complex issues concerning the impact of benefits under French law. Case settled and approved (by Jay J) for £10.5 million (including costs) Led by Sarah Crowther KC.
Since 2018, Ian has led the Travel Team at Outer Temple.
He is a leading junior in the field of cross-border personal injury law. He has a wealth of experience and knowledge in dealing with complex jurisdictional and applicable law issues.
His cross-border practice covers matters involving jurisdiction, applicable law, direct rights of action against insurers, accidents in the air and on sea, and claims involving a cross-border employment aspects. Ian regularly advises on the implications of the United Kingdom’s exit from the European Union on cross-border tort matters. He is particularly interested in forum non conveniens issues that arise when seeking permission to serve abroad and in challenges to the Court’s jurisdiction.
He has experience in acting in cases governed by English law with an international dimension, whether that be employment abroad or in respect of claimants who are based outside the United Kingdom.
Ian has considerable expertise in regard to advising upon claims involving the Package Travel and Linked Travel Arrangements Regulations 2018 and in particular as to disputes arising from the relevant local standards. Ian is well versed in acting in Aviation and Maritime claims.
Beyond personal injury work, Ian has an impressive knowledge of private international law and advises on jurisdictional and applicable law issues arising from contractual and commercial disputes.
He has developed a particular expertise in cases involving the law of other common law jurisdictions, including Scotland, Guernsey, Gibraltar, New Zealand, Australia and Cyprus.
Ian sits on the board of the Pan European Organisation of Personal Injury Lawyers (PEOPIL) as representative for England and Wales and is Secretary of the PEOPIL RTA & Whiplash EEG. He is also regularly invited to lecture on aspects of travel law both at home and abroad.
He is adept at working with foreign law and local standards experts and has a strong understanding of key aspects of many European laws concerning liability and quantum.
In 2020, Ian launched the ‘Travel Talks’ vlog series, where legal partners from across Europe and the UK participated in discussions concerning cross-border issues.
Ian is the author of the chapter on Package Travel in the leading textbook, the APIL Guide to Accidents Abroad.
Johnson v Berentzen [2021] EWHC 1042 (QB)
Preliminary issue trial before Stacey J. Issue as to whether proceedings commenced in time and (if not) whether the discretion available to the Court under s.19A of the Prescription and Limitation (Scotland) Act 1973 should be used so as to allow the Claimant’s action to continue.
Consideration of the scope of article 15(h) of Rome II and whether the manner by which proceedings are deemed to have commenced is determined by the law of the forum or the law of the cause of action. Only second authority to consider issue (see Pandya v Intersalonika General Insurance Company SA [2020] EWHC 273 (QB)). Led by Gerard McDermott KC.
Yordanov v Vasilev and Atanasov v Vasilev [2024] EWHC 1496 (KB)
Succeeded in obtaining judgment at a preliminary issue trial which concerns a high-speed road traffic collision. The claim involved arguments as to whether Bulgarian or English law should apply to the claim brought by Yordanov and is presently one of the leading cases on the interpretation of articles 4(2) and 4(3) of the Rome II regulations, which determine which law applies to a negligence claim.
JG v AC (Settlement 2024)
RTA in Guernsey governed by the law of Guernsey. The 20 years old Claimant suffered catastrophic injuries (C7 complete tetraplegia). Contributory negligence / causation issues raised regarding a failure to wear a seatbelt. Additional complexities to regular catastrophic spinal cord injury included the Claimant’s pre-existing learning difficulties, that proceedings had to be issued in Guernsey, the requirement to use 3 separate discount rates for different losses, and the limited care facilities available on Guernsey.
The claim settled for £23 million which is believed to be the highest ever out of court settlement for a case in Guernsey.
Alli-Balogun v (1) On the Beach (2) Zurich Insurance plc (3) Hosa Hotels (4) Insitut de Balear (5) Mapfre Espana (6) Meeting Point Youtravel (7) Viajes Sidecars (KBD, 2024)
A complex case involving a child who suffered severe brain injury as a result of nearly drowning in a swimming pool while in Spain.
The claimant was catastrophically injured so this is an extremely high value claim. The claim involved five defendants and two additional parties located in multiple jurisdictions. The assessment of damages involved the application of English and Spanish law, an issue rarely if ever previously considered by the court in a personal injury context.
Acted for the Fourth Party unled. Claim settled for a six figure sum.
P and 4 others v Europaiki Pisti Anonymi Genikon Asfaliseon (KBD, 2024)
Acting for 5 passengers who sustained serious to catastrophic injuries following a motor accident in Greece. Greek law applies. Issues concerning the insurance cap and the extent to which benefits may be deducted from a claimant’s award of damages.
JXL v (1) GD (2) Prometheus Insurance (KBD, 2023)
Acted for a man who suffered a catastrophic head injury after being struck by a motorcycle in Gibraltar. Liability, quantum and applicable law all in issue. Law of Gibraltar applied. Led by Eliot Woolf KC. Settled for over £6.6 million.
P v KBC Verzekeringen (QBD, 2022)
Acted for a Belgian Insurer and 2 clinicians in a clinical negligence claim. The claimant alleged negligent septorhinoplasty and liposuction and sought damages for cosmetic and psychiatric injury. Pleaded at over £1 million, settled for £150,000.
PQR v Generali Assurances (QBD, 2020)
Acted for a French insurer following a claim brought by a brain injured claimant following a motor accident in France. The claim involved complex issues concerning the impact of benefits under French law. Case settled and approved (by Jay J) for £10.5 million (including costs) Led by Sarah Crowther KC.
Dawes v DNB and others [2018] 12 WLUK 791
Instructed to act for the claimant who suffered noise induced hearing loss whilst operating helicopters in Norway. Claim pursued under Norwegian law against the employer’s liability insurers. The only reported case confirming that the Odenbreit principle (concerning direct rights of action against an insurer) can be used under the Lugano Convention.
Ian regularly attends Coronial Inquests, acting broadly equally for families and NHS Trusts and has considerable experience acting in high profile proceedings and those where article 2 is engaged.
Inquest into the deaths of Karen Starling and Anne Martinez (Inquest, 2022)
Instructed to represent the family of two women who had been admitted to the Royal Papworth Hospital for lung transplant surgery. Following surgery and whilst under the care of the Trust they were exposed to the pathogen Mycobacterium Abscessus from the hospital water supply. An infection followed which required aggressive antibiotic treatment which ultimately led to the deaths of both women. The Coroner considered how the deceased came to be exposed to Mycobacterium Abscessus and in turn how Mycobacterium Abscessus came to be in the water supply. A prevention of future deaths report was issued to the Health Secretary to address, in particular, the relevant HTMs used at hospitals in respect of water supplied to immunosuppressed patients who are at an increased risk of Mycobacterium Abscessus infections.
Inquest touching upon the death of TW (Inquest 2024)
Acted for 3 NHS Trusts at a 5 day Inquest. TW had a history of temporal lobe epilepsy and complex mental health issues. She had made repeated attempts on her life. She was admitted to hospital following a drug overdose. Primary care clinicians had concerns that she would be a risk to herself if she was discharged. A psychiatrist and community mental health nurse discharged her. TW stating she was not at risk. She killed herself within a month of discharge. Application of article 2 successfully challenged.
Inquest touching upon the death of MC (Inquest 2024)
Instructed to act for King’s College Hospital at a 5 day inquest. MK died of cryptococcal meningitis. She was HIV positive but had not engaged with treatment for an extensive period of time. The Inquest explored whether the infection ought to have been detected sooner and whether death was avoidable. Further, the inquest explored how HIV+ patients can be ‘lost to the system’ and way of ensuring that such events do not recur.
Inquest into the Death of Allie Birchall (Inquest, 2022)
Instructed to represent the family of a young child who died after being exposed to an E.coli infection (serotype 0145:H28 with Stx2 gene positivity) which caused severe haemolytic uraemic syndrome (HUS), associated with kidney failure and with critical neurotoxic effects on the brain from which she died. The particular serotype had not been previous recorded in the UK and it is suspected that it originated in Turkey.
Inquest into the Death of Paul McGuigan (2015)
Instructed to represent an NHS Trust in an inquest concerning the death of a private security contractor, who was shot dead by a colleague whilst working in Iraq. The matter focused particularly on the role of mental health teams, and the private security industry. The inquest received considerable national and international press coverage.
Ian Denham is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.
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