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Ian Denham

Ian Denham

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Ian Denham is a personal injury practitioner with a particular expertise in matters involving serious and catastrophic injuries, wrongful deaths, clinical negligence and cross-border personal injury claims.

He is regularly instructed on cases involving life changing and catastrophic injury receives regular instructions of a variety of clinical negligence matters.

Ian’s main area of specialism is cases with an international element. His cross-border practice covers advising on jurisdiction, applicable law, direct rights of action against insurers, claims against the MIB, accidents in the air and on sea, and claims involving a cross-border employment aspect.  Ian has also advised on the potential implications arising from Brexit.

Ian has considerable expertise in regard to acting on claims involving the Package Travel etc Regulations 1992 and the 2018 Package Travel and Linked Travel Arrangements Regulations 2018 and in particular as to disputes arising from the relevant local standards.

He regularly attends trial to defend major tour operators against suspected holiday sickness claims and maintains an impressive success rate. He is particularly adept at dealing with claims involving complex issues of medical causation and having features of fraud, dishonesty and exaggeration. Furthermore, he regularly advises European insurers on cross-border issues.

Ian lectures extensively on cross-border personal injury law topics both domestically and abroad, such as at PEOPIL Conferences in the Czech Republic, Greece, Italy, Malta, the Netherlands and Spain and APIL Travel Law Conferences.

Personal Injury and Clinical Negligence

Cases

J v B (QBD)
Acting for a claimant who was involved in a motorcycle accident in Scotland and sustained catastrophic injuries including cervical spine fractures at C3, C4, C5, anterior longitudinal ligament disruption at C6, C7 and posterior longitudinal ligament disruption at C3-C5, laryngeal ligament injury. Scots law applies. Led by Gerard McDermott QC.

B v O
Advised claimant following suspected negligent cataract surgery resulting in blindness.

P v P (Brighton County Court)
Acting for a motor insurer in a road traffic claim. The claimant sustained a mild traumatic brain injury, post-concussion syndrome, spinal injury, pelvic facture as well as chronic neuropathic pain and potential complications with childbearing. A significant future loss claim is complicated by the claimant’s domicile in Australia that raises issues as to the applicability of the Ogden tables and the applicable discount rate.

East v FOCSA (Leicester County Court)
Serious injury claim, where the claimant, a livestock farmer, suffered severe multi-fragmentary posterior column fracture right acetabulum and right sciatic nerve injury with palsy. His ability to work and care for himself was severely compromised. Settled at £770,000.

Buckingham v Mills (QBD)
Acted for a claimant who suffered catastrophic injuries following an RTA in Switzerland. Led by Gerard McDermott QC. Settled for £1.6 million.

 

International Injury & Travel

Cases

J v B (QBD)
Acting for a claimant who was involved in a motorcycle accident in Scotland and sustained catastrophic injuries including cervical spine fractures at C3, C4, C5, anterior longitudinal ligament disruption at C6, C7 and posterior longitudinal ligament disruption at C3-C5, laryngeal ligament injury. Scots law applies. Led by Gerard McDermott QC.

Dawes v Tryg Forsikring and other (QBD)
Hearing loss claim against Norwegian occupational health insurers under Norwegian law. The only known judgment that confirms that the ‘Odenbreit principle’ which allows a claimant to pursue a direct right of action against a foreign insurer extended to the Lugano Convention.  A dispute as to whether the courts of Norway or England were first seised was resolved in the Claimant’s favour.

McGee v Reale Seguros Generales (QBD)
Acted for a Spanish insurer in a claim brought by the dependants of the deceased who died following a RTA in Spain. The matter involved complex issues of pecuniary loss under the Spanish Baremo.

Kennett v Allianz Versicherungs AG
A fatal accidents claim arising from the death of the claimant’s husband in Germany. German law applied. Claim pursued for the claimant’s dependency together with her own loss of earnings caused by her psychological reaction to the death. Settled for a sum in excess of £800,000.

Turner and 7 others v Thomas Cook (Birmingham County Court)
Acted for Thomas Cook in a multi-party gastric illness. The claim was contested on all grounds, including breach of duty, credibility and causation. The trial lasted some 3 weeks and involved cross-examination lay witnesses and expert witnesses in the fields of gastroenterology, microbiology and food hygiene

Cannon v Thomas Cook (Liverpool County Court)
Acted for a tour operator in a gastric illness claim where the medical expert was married to a director of the claimant firm of solicitors. The case concerned admissibility of expert evidence and received national press coverage.

McLean v Thomas Cook (Worcester County Court)
Acted for tour operator in a holiday sickness claim. The claim was successfully defended and the claimant found to be fundamentally dishonest. The case received considerable national press coverage. Reported on Lawtel.

Cornthwaite v Hotelplan Ltd and Mutuelle des Transports (QBD)
Acted for a number of claimants seriously injured in a coach crash in France. Liability and quantum remained in issue. Actions pursued against the tour operator and insurer of coach operator.

Wrongful Deaths & Inquests

Kennett v Allianz Versicherungs AG
A fatal accidents claim arising from the death of the claimant’s husband in Germany. German law applied. Claim pursued for the claimant’s dependency together with her own loss of earnings caused by her psychological reaction to the death. Settled for a sum in excess of £800,000.

Midgley-Walsh v (1) BG International Limited (2) Karachaganak Petroleum Operating B.V. (QBD, Lancaster District Registry)
Advised BG and KPO in respect of a claim brought by the estate of an employee following his suicide shortly after repatriation to the United Kingdom from Kazakhstan where he had been working. Issues concerned which party employed/controlled the deceased’s employment, indemnity agreements between the two defendants as well as issues relating to duty of care, breach of duty and foreseeability of the events that lead to the deceased’s suicide.

Heywood v Dalinger (QBD)
Fatal accident claim pleaded at over £2 million. Led by Nicholas Hinchliffe QC.

Inquest into the death of Paul McGuigan (Stockport)
Inquest concerning the death of a private security contractor, who was shot dead by a colleague whilst working in Iraq. The inquest focused on the role of mental health teams, police, probation and the private security industry. The inquest received considerable national and international press coverage.

 

Appointments & Memberships

  • Middle Temple
  • Northern Circuit
  • European Circuit of the Bar
  • Personal Injury Bar Association (PIBA)
  • Pan European Organisation of Personal Injury Lawyers (PEOPIL)
  • Secretary to the PEOPIL RTA & Whiplash European Exchange Group
  • Legal Professional Advisory Panel Member, Edge Hill University Department of Law and Criminology

Awards

  • MA (Oxon), St Hugh’s College, University of Oxford

Publications

  • Chapter on ‘Package Travel’ in the APIL Guide to Accidents Abroad (2nd Edition)

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.

Areas of Law


Testimonials


“What Ian Denham doesn’t know about international law is not worth knowing, the man is a genius! I cannot recommend Ian and Outer Temple Chambers highly enough.” Patricia Ling, Garden House Solicitors

“He always provides clear and in-depth advice, and has great attention to detail.” “He is very persuasive and calm in court, and always very well prepared.” Travel, Chambers and Partners 2021

“Involved in some of the leading cases in travel law and has an extensive knowledge of the law.” Travel, Legal 500 2021

“His technical knowledge and expertise are invaluable to every case, especially in disputes concerning jurisdiction and applicable law.” Travel, Chambers and Partners 2020

“He is easy to deal with, very approachable and analytical. He’s also always very well prepared.” Travel, Chambers and Partners 2020

“Quick thinking and good on his feet.” Travel, Legal 500 2020

“His advice is pragmatic, accessible and timely.” Personal Injury, Legal 500 2019

“His in-depth knowledge provides creative solutions to difficult cases.” Legal 500, 2017

“A knowledgeable practitioner in the field of international cross-border claims.” Legal 500, 2016

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