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Johnathan Payne
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Call: 1997 Education: College of Law (Chester): CPE, Inns of Court School of Law: Bar Vocational Course |
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Johnathan is a specialist personal injury practitioner.
He has recently undertaken two of the most important personal injury cases to come before the Court of Appeal: Edwards-Tubb and Everett v. Comojo.
Having recently successfully appeared before the Master of the Rolls he has also recently been commending for the high standard of his presentation to the Court of Appeal by Mummery LJ (in Kozlowska v. Judi Thurloe [2012] EWCA Civ 236).
His success over the years has resulted in instructions from both Claimant and Defendant practitioners.
He regularly advises and appears in complex litigation sometimes involving multiple defendants (for instance construction site accidents). He is also regularly instructed in foreign accident claims (whether on the road, water or in the air). He has various on-going cases which involve Rome II (as applied following Homawoo), the Package Tour Regulations and the Montreal Convention.
Johnathan regularly advises a the highest level in the following areas: EL/PL/RTA/Nuisance/CICA/Costs/Inquests/FAA.
His work has resulted in him being recognised by Legal 500 as a leading junior in the field of personal injury litigation.
In addition to accepting claims on a conditional fee basis Johnathan has also been successful in being placed on approved lists of counsel for local authority work. He has also been widely published and even found himself mentioned in Horse and Hound (for his work).
Johnathan has developed a strong following in professional negligence actions arising predominantly from the misconduct of personal injury litigation against both counsel and solicitor.
He is regularly instructed in claims which have both a contractual and costs flavour.
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Cases
Edwards-Tubb v. JD Wetherspoon PLC [2011] All ER (D) 276
The leading authority on the issue of expert shopping and conditional orders arising under CPR r.35.4. Court of Appeal: Neuberger, Richards, Hughes LLJ.
Everett v. Comojo (UK) Ltd (t/a The Metropolitan) [2011] 4 All ER 315
The first case in English legal history to recognise a legal duty of care in relation to licensed establishments and their invitees: the duty to protect third parties from harm. Court of Appeal: Rix, Richards LLJ, Dame Janet Smith.
Thames Trains v. (1) Railtrack (2) HSE
Johnathan was instructed on behalf of Thames Trains in the litigation which followed the Paddington rail disaster. Thames Trains commenced litigation against the network operator and the statutory body to recover sums paid out to victims of the disaster following the accident involving the signal passed at danger (SN109). Lead Counsel: Lord Brennan QC.
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Seminars
Johnathan regularly lectures across the country for a host of providers. This year he will be lecturing (along with Professor Dominic Regan) at various venues including Olympia, Gatwick and Birmingham NEC. Johnathan covers diverse subjects which are of interest to both personal injury and civil litigation practitioners generally.
Johnathan has been invited to act as a moderator for Sweet & Maxwell/Thomson Reuters and has been invited by various organisations to provide input on content.
In addition to speaking engagements Johnathan also undertakes Webinars on various specialist subjects as diverse as the Animals Act to E-Disclosure.
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Publications
'Serving-up Trouble' - New Law Journal 18.2.11
'Closing Down Sale' - New Law Journal 1.4.11
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Interests
Outside of the law Johnathan is a very keen golfer, particuarly around the Oxfordshire Golf Course.
Johnathan is a keen cricketer albeit that his playing days are somewhat more limited than he would like.
Having three young boys all under the age of 6 he is grateful for any time he has free.
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