Esther Esther

Barrister: Esther Pounder

Call:
2003

Education:
CPE, City University; BA Hons, Kings College London

Overview:

Esther has considerable experience in dealing with the whole variety of personal injury claims at both Multi Track and Fast Track level. She deals with employers' liability, highways, road traffic, public liability, fatal accidents and claims involving the MIB.

Esther undertakes clinical negligence cases up to Multi Track level and has a particular interest in cases involving Healthcare Associated Infections.

Esther's experience extends to inquests particularly those involving asbestos related diseases, the deaths of those under the care of medical practitioners and deaths at work.

She also appears before the Criminal Injuries Compensation Appeal Panel.

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Personal Injury & Clinical Negligence:

Esther has a busy and varied personal injury and clinical negligence practice. She is an accomplished advocate with considerable trial experience and is well regarded for her ability to establish a strong rapport with clients and to explain difficult matters in a straightforward accessible manner.

Esther's practice covers all areas of personal injury work including employers' liability, road traffic accidents, fatal accidents, occupiers' liability and highway trippers and slippers. She is regularly instructed in claims brought under the Animals' Act and has experience of claims involving negligent hair and beauty treatment.

She also undertakes disease work, including in particular noise induced hearing loss cases.

She has a particular interest in, and experience of, cases involving serious and multiple orthopaedic injuries and cases involving pain conditions.

Esther's clinical negligence practice covers a wide variety of claims. Recent cases have included: delay in diagnosis of Deep Vein Thrombosis (DVT), misdiagnosis and wrongful treatment of cancer, negligent prescription of the incorrect medication and negligent dental treatment. She has a particular interest in cases involving healthcare associated infections including both acquisition and delay in diagnosis / treatment.

Esther's experience extends to inquests particularly those involving asbestos related diseases, the deaths of those under the care of medical practitioners and deaths at work.

Her work is predominantly at multi-track level however she understands the importance of providing a complete service to clients and is happy to receive instructions in fast track work.

Recent Cases

  • Plewa v TNT UK Limited (2015): Successfully represented a Claimant who was injured at work while engaged in loading stock onto lorries at the Defendant's warehouse premises. The Claimant sustained a serious shoulder injury as a consequence of lifting a box which was jammed against a metal bar at the end of a conveyor belt. After a two day multi-track trial the Judge found for the Claimant having accepted that that there had been a breach of regulation 4(1)(b)(ii) of the Manual Handling Operations Regulations 1992. Notwithstanding a contributory negligence deduction being made the damages award made beat the Defendant’s Part 36 offer.
  • C v Essex Probation Service (2014): Represented a probation officer who injured her arm at work and consequently developed a significant and life-changing pain syndrome. A spinal cord stimulator was fitted and she faced a lifetime of treatment aimed at managing her pain. Remarkably the Claimant stoically returned to work but was rendered disabled by reason of her injuries. There was a permanent shortfall in her earnings and a significant ongoing claim for care. The case was listed for a 3 day trial however it settled at a JSM for £150,000.
  • Foggon v (1) Sunderland County Council & (2) Durham County Council (2014): Represented a Claimant who was injured in a motorcycle accident which he claimed was caused by materials left on the highway following barrier repair works completed by D2 on behalf of D1. 3 day liability trial involving numerous witnesses and legal argument as to the nature and extent of the duties owed by the two Defendants, in particular the nature of the non-delegable duty owed by D1, as Highway Authority.

Regulatory:

Esther frequently acts for the police, local authorities and others advising on and dealing with the disclosure and PII issues that can arise between family and criminal proceedings. She also undertakes work for the police on a variety of other applications including: gang injunctions, closure orders, ASBO's, SOPO's and football banning orders.

Police Law:

Esther represents the police in claims brought against them for assault, wrongful arrest, false imprisonment and other civil claims. She has advised and represented the police in relation to complex disclosure issues and represented them on numerous other applications and trials as well as representing them at inquests.

Esther also has experience of police disciplinary work from the initial advice and drafting stages through to the final hearing. As well as appearing as the presenting officer she has also acted as legal advisor to the panel in disciplinary proceedings.

Esther has undertaken work for the police for many years and is trusted to handle their cases diligently and confidently. She has a background in both civil and criminal work, the latter particularly prosecuting. She was a grade 3 prosecutor and undertook numerous jury trials including those involving very serious offences and appear before the Court of Appeal on a number of occasions in connection with this area of work. With this background Esther has a keen understanding of the way in which the police operate as well as an appreciation of the challenges and pressures that they face.

Publications:

Contributing Editor to APIL's 'Guide to Evidence' and 'Guide to RTA Liability'.

Contributing Editor to 'Clinical Negligence Claims: A Practical Guide' published by 9 Gough Square.

Contact us

For more information please call our clerks on
020 7832 0500 or Email »

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