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Mark Whalan

Call: 1988
Appointments: Immigration Judge
Education: BA History (Leeds), Diploma in Law (City)

Practice Summary

  • Personal Injury
  • Property
  • Professional Negligence
  • Clinical Negligence
 

Memberships

  • Association of Personal Injury Lawyers
  • Bar Pro Bono Unit
  • Personal Injury Bar Association
  • Professional Negligence Bar Association
 
   

Personal Injury

Mark Whalan is experienced in all aspects of Personal Injury litigation, particularly road traffic accident claims, employers' liability, occupiers' liability, industrial disease and stress at work claims. He also has a particular interest and expertise in costs.



Professional Negligence

The emphasis of Mark's Professional Negligence work is solicitors' negligence in handling litigation.



Landlord and Tenant

Mark is experienced in all areas of residential and commercial tenancies. He is experienced in dilapidations and housing disrepair. Other property work includes: boundary disputes, easements and, in particular, co-ownership.



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Cases

Property

Bank of Cyprus v Markou [1999] 2 FLR 17 (Chancery Division) Co-ownership and undue influence.

Ujima Housing Association v Ansah (1997) 30 HLR 831 CA  Continuity of occupation regarding an Assured Tenancy.



Personal Injury

Numerous high value claims in Mark's specialist areas. He has recently undertaken complex RTA claims (all with a value in excess of £500,000)concerning commercial vehicles, alcohol consumption, the non-use of seatbelts and cycle helmets and catastrophic injuries to pedestrians, to name but a few. He also undertakes regularly claims against the MIB and raising motor insurance issues, as well as claims involving foreign motorists. Mark's recent occupiers liability experience includes premises as varied as shops, offices, boats, planes, trains, agricultural sites, to a variety of military installations, including nuclear facilities! His industrial disease experience includes numerous asbestos, noise and chemical claims.


Costs

Leigh v Michelin Tyre PLC [2004] 1WLR 846,CA  Guideline authority in front of the Master of the Rolls on costs estimates.



Professional Negligence

Sheppard v Bond Lewis (2001)  Solicitor's negligence - personal injury claim struck out through want of prosecution.

Holley v Thomas Boyd White (1999)  Solicitor's negligence - negligent sale and transfer of commercial leasehold and goodwill and stock of a retail business.

Brown v MacArthur and Dore (1999)  Solicitor's negligence - personal injury claim struck out under CCR Order 17 r11 - £100,000+.

Pabari v Edell and Jones (1998)  Solicitor's negligence - failure to issue personal injury claim within primary limitation period.

Numerous ongoing claims concerning solicitors negligence in the conduct of personal injury litigation.



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Seminars

Mark is a regular speaker at the APIL/JPIL/RAC annual conferences. He lectures for Central Law Training on quantum in PI claims. Mark is known for his willingness to conduct in-house seminars for his instructing solicitors.



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Publications

Road Traffic Accident Claims (2000)  450 pp CLT/EMIS

The Journal of Personal Injury Litigation, Sweet & Maxwell. Mark was on the Editorial Board of this publication between April 2000 and 2004.

APIL Personal Injury Law, Practice and Precedents (2006) Mark contributed the chapter on RTA claims.

Curran's Personal Injury Pleadings (2005) (see RTA chapter).

Solicitors Journal, Civil Litigation, APIL Newsletter etc. Numerous articles over recent years.



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Interests

Mark has a fanatical attachment to Bristol City (since 1972) and an equally juvenile concern for Somerset CC. He is also starting to appreciate the 'ups and downs' of his local Bedford RFC. He has travelled across Europe and the world to watch the England Football and Cricket Teams.

Family: Catherine, Mark's wife, and children, Hannah (11), Benjamin (8) and Sam(3) happily monopolise most of his spare time.

Mark is an active member of St John & St Leonard (C of E) in Bedford and, having served for many years as a Churchwarden, knows far too much about ecclesiastical roofing, drainage etc. He is also - bizarrely - an expert on early 20th century art and design.



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  Mark Whalan
is a member of these
practice teams:
  Personal Injury
Property
Professional Negligence
Clinical Negligence
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