Call: 1979 Silk: 2008 Appointments: Recorder 2000,
Professional Negligence Bar Association (Executive Committee Member),
Personal Injury Bar Association (Member, Legal Practice Committee),
LSC Funding Review Panel (Clinical Negligence Committee Chairman),
Bar Council Equality and Diversity Committee (Vice-Chair),
Master of the Bench, Inner Temple. Education: LLB Hons (Exon) 1978
Practice Summary
Clinical Negligence
Personal Injury
Professional Negligence
Employment
Commercial Disputes
Mediation
Sport
Memberships
Professional Negligence Bar Association (Executive Committee)
Personal Injury Bar Association
CEDR Accredited Mediator (Member, Lead Mediators Panel)
Administrative Law Bar Association
London Common Law & Commercial Bar Association
Bar Disciplinary Tribunal
Bar Pro Bono Unit
Association of Personal Injury Lawyers (Fellow)
Clinical/Professional Negligence
Grahame Aldous has been named as a “Leader in the Field” in the areas of Clinical Negligence and Professional Negligence by Chambers UK A Client's Guide to the Profession, and is recommended for having a "phenomenal legal brain" and "heaps of charm". He is a member of the Executive Committee of the Professional Negligence Bar Association. Particular areas of Professional Negligence covered by Grahame include: claims against solicitors, accountants, surveyors and insurance brokers as well as Clinical Negligence work. He has dealt with many claims against solicitors arising out of their conduct of Clinical Negligence and Personal Injury proceedings. He is the General Editor of Clinical Negligence Claims: A Practical Guide.
Personal Injury
Grahame is recommended in Legal 500 and described in Chambers UK as having a "name synonymous with brilliance" and is noted for having had "an enourmously successful first year in silk after a sparkling career as a junior". He has particular expertise in marine accident cases involving passengers and crew on ships or yachts, and cases involving international conflicts of law. He is the author of Work Accidents at Sea.
He has particular experience in dealing with brain injuries, psychological and stress injuries, severe spinal injuries, cases of severe non-united fractures and fatal accident claims, on which he contributes the chapter in Kemp & Kemp: Personal Injury Law, Practice and Procedure.
His marine accident work has taken him outside our own jurisdiction to the Supreme Court, and Court of Appeal of Gibraltar and the Privy Council. This work makes use of his experience in the Merchant Navy before coming to the Bar, his qualification as a DoT Yachtmaster and his skills in competitive yacht racing include racing round Cape Horn in the 1989/90 Whitbread Round the World Yacht Race. His work has included disaster and multi-party litigation such as the Marchioness disaster, including the Marchioness Steering Committee Costs Litigation, the Princess Margaret Hovercraft disaster, and the Achille Lauro and Sun Vista cruise liner fire disasters.
He is a member of the PIBA Legal Practice Committee on which he has dealt with the Woolf reforms, the Human Rights Act, Direct Access, the Citation of Authorities Practice Direction, and the DCA consultation on The Law of Damages.
Mediation
Grahame is a CEDR accredited mediator with successful experience of a number of mediations in practice. He was one of the Counsel nominated by both Claimant and Defendant solicitors under the "NHS Resolve" scheme. He is happy to accept joint instructions to act as mediator in order to try and facilitate a settlement between parties. Grahame is the author of the Mediation & ADR chapter of Kemp & Kemp Personal Injury Law, Practice & Procedure. He is a member of the CEDR Solve Lead Mediators Panel. Recommended in Chambers & Partners and Legal 500 for his negotiating skills, he has been described in Chambers & Partners directory in particular as “noted for his negotiating skills as a mediator”
His successful mediations include:
Re B: a stress at work claim brought by a union official against his union amidst great hostility and emotion.
Re B: An accident at work causing serious injury where contributory negligence and quantum were at issue.
Re Mr and Mrs T: Quantum following a head on collision causing serious injury to multiple claimants.
Re H: Accountancy negligence claim arising from tax advice.
Re C: stress at work claim by prison officer.
Re D: stress at work claim, mediated at an early stage. Mediation efforts continued after the one day mediation until a resolution was reached at great saving of cost and management time.
Re T: accident at work where parties far apart on paper but settled at short form mediation to the surprise of both parties.
Employment & Commercial
In the field of commercial disputes, Grahame's work has included litigation arising from the Rush & Tompkins Administration and the Atlantic Computers/B&C Administration. His work in the Chancery Division has included cases under the Company Directors' Disqualification Act including the Atlantic Computers case and DTI v Henderson; following the collapse of a Lloyd's members' agent. His employment work includes in particular; cases involving the shipping and healthcare sectors. He is a former lecturer in commercial law and has given opinions on English law for proceedings in other jurisdictions.
Administrative Law
As well as advising and appearing in this area of work, Grahame Aldous is the Co-author of Aldous & Alder on Applications for Judicial Review published by Butterworths, together with a number of articles in various legal journals on the subject. He was also the author of Housing Law for the Elderly published by Longmans, dealing in particular with claims concerning accommodation under Part III of the National Assistance Act, in which Grahame has a particular expertise.
Birch v UCL Hospitals Trust, QBD 2008. Whether use of Cerebral Angiography to detect suspected aneurysm negligent, and whether valid consent obtained.
Attard v Hoskyns and St Luke’s Hospital Malta, QBD Eady J. April 2006
Successful defence of Maltese Health Authority against Part 20 claim in UK arising out of diagnosis of metabolic disorder, PKU, as cause of Cerebral Palsy.
Johnston v Whipps Cross NHS Trust 2003 Court of Appeal. Failure to diagnose meningitis at A&E.
Harding v Scott-Moncreiff QBD Buckley J 2003 Ltl. Fatal Accident claim against private GP for failure to Blue Lamp patient with signs of heart attack to A&E rather then admit to private hospital. Trial of liability, causation and quantum.
General Medical Council v Dr Watts 2000. Successful defence of Consultant Psychiatrist against complaint before the GMC of over-prescription of Methadone on private prescriptions.
Hatswell v Goldbergs QBD December 2000 CA Dec 2001 LTL 11.12.2001.Claim against solicitor for failure to pursue claim against GP for non-diagnosis of Q-fever endocarditis.
MDU v Hempsons QBD July 2000. Alleged unauthorised settlement of brain damage case following alleged failure to treat asthma.
S v L Clinic QBD February 2000. Alleged unlawful use of sperm for IVF.
O'Shea v Weedon 1998 QBD Alliott J. A claim against a solicitor for not pursuing a claim against a hospital for a failed sterilisation.
Hagstrom v Royal Surrey Hospital 1998 QBD. The Times May 1998 LTL PI 22.5.1998. Woman underwent D&C, perforated uterus and bowel with repairs while still in fact pregnant. Claim for physical and psychiatric injuries. £400,000 settlement achieved after three days of trial in the High Court.
Dix v N W Thames RHA 1997. The Times December 1997 Douglas Brown J. QBD. Cerebral Palsy baby injured at birth.
Personal Injury
Re X, CICAP 2008. Award of £4.9 million for woman severely brain damged in a criminal assault.
Dickins v Os plc, Court of Appeal, [2008] EWCA Civ 1144. Award of damages for stress at work upheld despite offer of counselling that the Claimant did not take up.
Morgan v UPS, Court of Appeal April and November 2008. [2008] EWCA Civ 1476. Damages for disadvantage on a future labour market recoverable in addition to damages for reduced earning capacity. Award of costs to Claimant who was found to have exaggerated and misled the court upheld where Claimnat had reduced his claim and been prepared to negotiate reasonably after disclosure of covert videos and defendant had refued to negotiate and pursued the significant issue at trial which was wholly without merit. BAA v Carver distinguished.
A v London Bus Co, September 2007 ILCC, damages for non-united pelvic fractures assessed at £1.34 million. Client recovered 50%, having stepped in front of a bus.
Hiles v S. Glous. PCT QBD Dec. 2006,[Lawtel Dec. 2006] damages for stress at work; Health Visitor had breakdown during a crisis year for her employer's service.
KD v Birmingham City Council QBD, Dobbs J, March 2006 £1.2 million award for an assault on already brain-damaged girl in a care home.
Nunes v Harris Pye, QBD Cardiff Dec. 2005, 5 Portuguese marine engineers employed by a Welsh company repairing a Panamanian ship in Holland, which then sailed to Germany with them on board, where they were injured by an exploding boiler. Jurisdiction, liability and quantum issues.
Booth v Philips and Others, Admiralty Court [2004] 1 WLR 3292. Fatal Accident claim by widow of UK engineer on Bahamian ship owned by Liberian Co. Operated from Jordan, converted in Singapore. Deceased was killed in Egypt. Complex jurisdiction issues determined by Admiralty Court in favour of the claimant.
Brown v Drake International and SCT, Court of Appeal [2004] EWCA 1629. Fatal accident claim involving death of terminal worker.
Coles v Ogilvie, 2003 LTL PI 15.4.2003 QBD £249,000 for Claimant unable to take over family business following injury.
Carter v Chidwick, Admiralty Court 2002, Damages for brain injury suffered when wire parted on ship.
Aliani v Turner, 2001 The Times 21.11.2001 Newman J. QBD. £1.2 Million award for one leg amputee.
Qing v Souetre & Fastnet Ltd, Admiralty Court 2000 [2001] LMCLQ 150. Limitation proceedings re injury on yacht in North Atlantic.
Tarrant v Ramage & Semco, Admiralty Court 1998 I LLR 185. Exocet attack on salvage operation in the Gulf causing eye and brain damage.
Algol Maritime Ltd v Acori, Supreme Court of Gibraltar & Privy Council. Interpretation of ITWF Seaman's Contract re contractual Personal Injury claim for damage to spine.
Marchioness Disaster, Admiralty Court & Court of Appeal Claims for injuries, many psychological, under the Admiralty Court scheme.
Hall v Clarke, Court of Appeal, February. 1997 Supreme Court Practice News 3/97. Re Smith v Manchester - awards and costs effect of payment into court.
Professional Negligence
Sansom v Metcalfe Hambleton, Court of Appeal [1998] PNLR 542. Surveyor alleged to have been negligent in carrying out survey. Standard of evidence required to prove negligence.
Watson v Lane Fox [1991] 49 EG 71 QBD. Estate agent alleged to sell at under value.
Murray v Lloyd [1990] 2 AER 92 Ch. D. Solicitor's negligence, valuation of loss of statutory tenancy of house in Knightsbridge.
Employment
Balpa v KLM & Ryanair ET 2005. Airline pilots' collective action for awards for failure to consult under TUPE.
Newby v P & O Cruises Ltd 1998 EAT 1998, LTL 15.10.98. Employment Tribunal's approach to Master's decision under Merchant Shipping Act 1995.
Riverside Mental Health Authority v Crawley 1998 EAT 25.3.98. Unfair dismissal/reasonableness.
Commercial & Business Disputes
R v Secretary of State and others, ex p Bryant 1996 Div Ct July 1996, QBD, Hidden J.
Attempt by a shrimp fisherman to quash dredging licences.
Colbeck v Diamanta 2002 LTL 11.6.2002 Field J, QBD. Successful claim for conversion of diamonds.
Clarke-Jervoise v Chubb 2002 QBD 10.12.2002. Successful resistance of claim for restitution of settlement monies for an oil painting that was the subject of a claim and then recovered.
DTI v Henderson 1998 Chancery Division 1998. Company Directors' Disqualification proceedings following collapse of a Lloyd's members agency.
Atlantic Computers 1997 Chancery Division 1997/98. Claim for damages for collapse of Atlantic and British & Commonwealth group. Large multi-party Chancery action with ground-breaking mediated settlement. Also, Atlantic directors' disqualification proceedings.
Re Fablehill Ltd [1991] BCC 590 Ch. D. Priority of company charges.
R v BAA ex p Wheatley, (1983) 81 LGR 794, Court of Appeal and HL. Attempt to quash Gatwick airport taxi regulations.
Grahame is a Contributing Editor of Kemp & Kemp Personal Injury Law, Practice & Procedure.
His published books include Munkman on Employers' Liability, Work Accidents at Sea, Applications for Judicial Review (Butterworths) and Housing Law for the Elderly. He is the General Editor of Clinical Negligence: A Practical Guide and the APIL Guide to Catastrophic Injury Claims.
Recent articles have included:
Maritime Piracy: Employers' Liability
Lawyers' Liability in PI Claims: News@Nine June 2008
The Law of Damages; News@nine October 2007
Mediation in Clinical Negligence and Personal Injury claims; Legal + Medical Journal July 2006
Mediation in Practice; Health & Safety Law 2006
Damages for Severe Brain Damage; PIJL April 2005
Chester v Afshar; News@nine March 2005
Limitation Funds for Maritime Personal Injury Claims; [2001] LMCLQ, 150
Grahame is a member of the Royal Ocean Racing Club and a RYA/DoT Yachtmaster. He raced round Cape Horn in the 1989/90 Whitbread Round the World Race. He has 3 boys, who provide practical Mediation experience as well as opportunities for empirical gastronomy.
