Personal Injury
Stuart is listed as a Leading Junior in the Chambers and Partners (Band 1) and Legal 500 Clients' Guides where he is variously described as "widely considered to be a future silk", "admired for his amazing service", "a rising star", "seriously talented", "a real specialist in catastrophic injury cases" and "noted for providing clear advice that can be followed with confidence". Stuart was awarded the title of Personal Injury Barrister of the Year at the 2011 Eclipse Proclaim Personal Injury Awards. In September 2012 it was announced that Stuart had been shortlisted as Personal Injury / Clinical Negligence Junior of the Year at the Chambers & Partners Bar Awards.
In 2012 Stuart was appointed as 1 of only 3 Barrister members of the editorial team for the next 2 editions of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases. The appointment was made following a formal interview process under the chairmanship of Mr Justice Burnett and recognises Stuart's prominent position within the field of personal injury law.
Stuart has extensive experience in a complete range of personal injury work but specialises in high value catastrophic claims involving complex issues and multiple experts. Much of his practice is at the High Court.
Stuart is an author of the APIL Guide to Catastrophic Injury Claims, published by Jordans, being the definitive guide to running high value personal injury and clinical negligence actions. He also writes for Kemp: Practice and Procedure and Butterworths Personal Injury Litigation Practice on quantum subjects.
In 2012, Stuart advised and represented claimants in cases with a combined value in excess of £30 million. In addition to the high value cases that he undertakes on his own, Stuart is currently instructed as junior counsel on a number of catastrophic injury claims.
In October 2011 Stuart was selected as the only Barrister to join the Technical Board responsible for reviewing the Law Society's Personal Injury Panel for solicitors nationwide.
Clinical Negligence
Stuart has undertaken a wide range of cases acting exclusively for claimants and his experience includes orthoapedic, gynaecological, urological, dental and ophthalmic cases together with general surgical and nursing errors. In 2011 Stuart represented a young premiership academy footballer in a claim against a club surgeon for negligent treatment leading to the curtailment of his footballing career.
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Cases
C v. S [2013] - £1.6 million lump sum plus a graduated Periodical Payment Order for care, services and holidays rising to just under £30,000 per annum (indexed to ASHE 6115) for a 54 year old claimant who suffered multiple injuries in a Road Traffic Accident leading to transfemoral amputation of the right leg and a right sided brachial plexus injury causing loss of function in the right arm.. The settlement was agreed 4 weeks before a 4 day trial in the High Court and 3 months after the defendant had made a "final offer" at a settlement meeting of £1,390,000 plus a lower PPO.
A v. B [2013] - £1.7 million provisional damages lump sum settlement for 25 year old male claimant who suffered catastrophic spinal injuries in a RTA leading to incomplete paraperesis. Despite being given a 1 in 10 chance of ever walking again, the claimant made a remarkable recovery, achieving a very good level of mobility and a return to employment. The spinal experts instructed by both parties disagreed as to the likely level of disability over the long term. The award, negotiated at a joint settlement meeting in advance of a 5-day High Court trial, was agreed at an inflated level to compensate the absence of a periodical payment order for care & assistance/equipment and allows the claimant to return to court for further damages in the event that he develops a clinically significant syrinx within his lifetime.
C v J [2012] - High Court claim involving pre-existing paraplegic Claimant who suffered further RTA leading to multiple injuries, cardiac arrest and then permanent 24 hour ventilator dependency. Claimant remained in intensive care at hospital for over 4 years post accident. 16 experts involved in claim, described by respiratory experts as the most "unique case" they had ever been involved in and described by another 2 experienced experts as the most complex case they had ever seen. Ground breaking approach taken on behalf of the Claimant in relation to the claim for accommodation and settled on this basis. Case settled 3 days before 5-day High Court trial on 17th December 2012 with 33 page consent order drafted to finalise terms including £336,000 PPO for future care and case management. Capital value of settlement potentially worth over £6 million. Led by John Foy QC. Confidentiality clause in place.
H v. B [2012] - £650,000 award achieved for a 45 year old male who sustained multiple orthopaedic injuries as a result of a motorbike accident. The Claimant had been able to return to his pre-accident employment but his promotional prospects were now limited. Settlement was reached through negotiation following a failed Joint Settlement Meeting.
B v. F [2012] - £225,000 award acheived for a 29 year old female who sustained a devastating injury to her left hand as a result of a road traffic accident. She was left left with functional restrictions and changed career as a result of the accident. The award was achieved at a Joint Settlement Meeting.
R v S [2012] - £600,000 lump sum settlement for a 24 year old male who sustained multiple orthopaedic injuries and a traumatic brain injury. The settlement included a sizeable award for loss of earnings to reflect the impact of the accident on the Claimant's intended career as a DJ / music producer.
A v. B [2011] - £613,000 lump sum settlement achieved on behalf of 58 year old female claimant for multiple injuries sustained in a RTA. The award, negotiated at a settlement meeting, included provision for loss of earnings, loss of pension, care and equipment needs. Instructed by Shoosmiths Solicitors.
N v. H [2011] - £310,000 settlement in a Fatal Accident Claim brought on behalf of a 7 year old girl who lost her mother in a tragic accident. Claim included lump sum award for loss of services and financial dependency. Secondary claims brought on behalf of several adult dependents for loss of gifts and services. Award negotiated at settlement meeting 2 weeks prior to 3 day High Court trial. Award subsequently approved "without hesitation" by Butterworth J. Instructed by Shoosmiths Solicitors.
Khan v. British Airways [2011] - £375,000 lump sum settlement for 41 year old baggage handler who sustained a back injury at work leading to chronic pain syndrome. The award, achieved at a settlement meeting, included general damages, loss of earnings, care and assistance and travel perks associated with employment. Instructed by Boyes Turner Solicitors.
O'Neill v. Adow [2011] - £550,000 lump sum settlement for 46 year old male who suffered multiple orthopaedic and psychological injuries in a road traffic accident. The settlement, achieved on the cusp of trial, included provision for loss of earnings, loss of pension, orthotics and care needs.
Pulsey v Mortimor [2011] - settlement of $2.2 million Australian dollars plus £200,000 for 74 year old who suffered catastrophic spinal and brain injuries in RTA resulting in incomplete quadriplegia and extensive care/ accommodation needs. Claimant resident in Australia and insisted on lump sum settlement due to life expectancy issues. Claim involved multiple experts across a wide range of disciplines. Settled at JSM in July 2011. Led by John Foy QC. Instructed by Trethowans Solicitors.
Turner v. Dyer [2011] - £269,000 settlement for 25 year old female who suffered multiple orthopaedic injuries in road traffic accident. The award, achieved at a settlement meeting, included provision for general damages, loss of earnings and domestic assistance. Instructed by George Ide Solicitors.
Cooper v. TPA Roadways [2011] - 2 day multi-track liability trial at Cambridge County Court involving 10 witnesses of fact. Successful outcome on behalf of the Claimant. Instructed by Fosters Solicitors.
X v. Y [2011] - Settlement achieved on behalf of young premiership academy footballer in a claim arising from clinical negligence of club doctor in treating leg break injury. Claim for loss of career earnings as a professional footballer. High Court claim, led by John Foy QC. Settlement subject to confidentiality agreement. Instructed by Russell Jones & Walker Solicitors.
Galer v. LB Hackney [2011] - £175,000 award for 56 year old Australian resident injured by falling branch whilst visiting UK resulting in compression fractures to 2 thoracic vertebra. The award, achieved at a settlement meeting shortly before a 3-day High Court trial, including general damages and provision for diminution of earning in Australia. Damages paid in Australian dollars. Instructed by Russell-Cooke Solicitors.
Brown v. Medway Council [2011] - £165,000 award for 62 year old man who suffered traumatic amputations of part of his ring and little fingers on the right hand as a result of a workplace accident. The award, achieved at a settlement meeting, included provision for general damages, a modest loss of earnings and a substantial claim for care & assistance.
Walker (deceased) v. 777 Environmental Ltd [2010] - £260,000 settlement arising out of fatal accident. Financial and service dependency claims made on behalf of 2 children by ex-partner and the deceased's mother with whom he lived at the time of the accident. Settlement approved and apportioned at the High Court following written advice on claim. Instructed by Irwin Mitchell Solicitors.
Galvin v. Mcllroy [2010] - £140,000 settlement arising out of a road traffic accident in which 51 year old male suffered serious dental injuries. Settlement achieved days before final trial of action. Award included provision for general damages and past/future private dental treatment. Counsel involved throughout claim.
Burton v. Petit [2010] - £490,000 award for 60 year old female claimant who sustained serious foot injuries in a RTA. Award included provision for prosthetics, care and accommodation on a lump sum basis, as requested by the Claimant. Instructed by Irwin Mitchell Solicitors.
Maskell v. Wariach [2010] - £985,000 award for a 43 year old man who sustained serious leg injuries in a RTA resulting in a trans-tibial amputation of the left leg. The award, achieved at a Joint Settlement Meeting, included provision for private prosthetic needs, loss of earnings, care and accommodation. The Claimant chose a lump sum award without any PPO provision. High Court claim, instructed by Shoosmiths Solicitors.
Crosby v. AH Wolds [2010] - £325,000 settlement achieved at round table settlement meeting for 36 year old engineer in RAF who sustained multiple injuries when run over by a farm vehicle. The most serious injury was to the right foot, which comprised a multi-fragmentary fracture of the right calcaneum and under the surface of the right talus. The award comprised general damages, loss of earnings for shortened career in the RAF, loss of forces benefits and pension. Instructed by McKinnells Solicitors.
Smith v. White [2010] - £200,000 award achieved for 48 year old man who sustained multiple physical and psychological injuries in a road traffic accident. The injuries included soft tissue injuries to the neck and back that resulted in a state of chronic pain. This negatively impacted upon the Claimant's employment, social and domestic activities.
Heron v. Gill [2010] - £330,000 settlement for 43 year old male Claimant who sustained multiple injuries in a motorcycle accident, including serious leg injuries. Settlement achieved at round table meeting in advance of trial.
Carr v. Sita UK Ltd [2010] - £150,000 settlement for 41 year old female Claimant who sustained unspecified soft tissue injuries to groin/ hip, impacting upon her employment as an Air Stewardess.
X (A Protected Party) v. DGT Steel [2010] - settlement of £2.1 million lump sum plus Periodical Payment Order covering lifetime care and case management costs [index linked to ASHE 6115] for a 33 year old man who had suffered catastrophic brain injury following accident at work, causing acute subdural haematoma, a burst temporal lobe and the need for craniotomy due to secondary haemorrhage to the brain. The Claimant was left significantly handicapped, with major cognitive defects, memory and executive function deficit, poor intellectual functioning and epilepsy. A total of 16 experts in differing disciplines were instructed to assist the parties in quantifying quantum issues. Liability approved at earlier High Court hearing at 87.5:12.5% in Claimant's favour. Mrs. Justice Davies commended the Claimant's legal representative on the "sensible and sensitive way" in which they had achieved an excellent quantum settlement for the Claimant. Led by John Foy QC.
Mortlock (deceased) v. Fletcher [2010] - £225,000 settlement for widow of 65 year old man who tragically died in a road traffic accident in October 2006 - award included substantial provision for loss of DIY / services around the home.
Staddon v. Norfolk County Council [2009] - 2-day multi-track trial involving 9 witnesses. Successful liability outcome on behalf of Claimant.
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