Personal Injury & Clinical Negligence Junior of the Year - Chambers UK Bar Awards 2018

"He is unflappable, a future silk... will take a witness apart in cross examination in minutes." -
Legal 500 2019
Giles Giles

Barrister: Giles Mooney

Call:
1998

Education:
Goldie Scholar, Gray's Inn; BA Hons, King's College London

Overview:

Giles specialises in catastrophic personal injury and clinical negligence claims. He has a healthy claimant / defendant split of work, acting in claims of the highest value and complexity. Giles is currently engaged in several cases worth in excess of £10 million including claims involving, brain damage, limb amputations and severe spinal injuries. It is a mark of his expertise that he often acts alone, against parties represented by silks. Recent settlements acting for the claimant have included £7 million in a Cerebral Palsy birth injury claim.

Giles has extensive experience and expertise fighting trials as he relishes taking on difficult liability issues. Indeed his trial advocacy has been recognised in Chambers and Partners where he was described in 2017 as “An all-round excellent advocate”.

In addition to his clinical negligence and personal injury work, Giles also does professional negligence and civil fraud work. His professional negligence work includes claims against solicitors, veterinary surgeons, insurance brokers and surveyors.

Giles is recommended as a leading Junior by the bar directories in the following areas of practice: Clinical Negligence – Chambers & Partners and Legal 500, Personal Injury - Chambers & Partners and Legal 500, Travel Law – Legal 500.

What the directories say:

  • Chambers UK 2019: "He's approachable, robust and gives very clear advice." "He is excellent in court."
  • Legal 500 2019: "He is the go-to barrister and an all-rounder who is thorough, diligent and firm in his views."
  • Chambers UK 2018: "A tough and canny negotiator whom I really respect as an opponent.” “Hard-working, well-liked by clients and an astute tactician.”
  • Chambers UK 2017: "He's excellent: very down-to-earth, personable and gets on well with clients. An all-round excellent advocate."
  • Chambers UK 2016: "He is a very good communicator. He speaks with authority and is able to connect with the clients and fellow professional alike".
  • Chambers UK 2016: "He is one of the leading barristers for equestrian cases.
  • Legal 500 2017: “An extremely robust, no-nonsense barrister.”
  • Legal 500 2016: "He has excellent interpersonal skills and establishes rapport with clients quickly.”
  • Legal 500 2015: "A tenacious advocate with sound expertise".

Client comments:

"Giles applies his in-depth knowledge systematically and he is a great speaker." Ben Pepper, Senior Solicitor, Bolt Burdon Kemp

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Personal Injury:

Giles has a mixed personal injury practice acting for claimants and defendants. Giles is instructed in a wide range of claims including workplace, road traffic (including untraced and uninsured claims against the MIB), disease, public liability and occupiers' liability. Giles' work is concentrated on serious and catastrophic injury cases and he has extensive experience of brain damage, spinal injuries and amputation cases.

He has a specialist interest in accidents at sea and claims under the Animals Act 1971. In the latter he has been involved in a number of precedent setting cases in the Court of Appeal (Clark v Bowlt, Freeman v Higher Park Farm and Jones v Whippey). It is a measure of his expertise that he is often instructed in preference to a silk in liability denied catastrophic injury cases, multi party litigation and appeals in this complex area of law.

Notable Cases

  • Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 3276 (QB) [2016] EWHC 1962 (QB) and [2016] EWHC 1121 (QB): Giles acted for the Defendant in this assessment of quantum in a serious back injury case pleaded at £1.5 million. Guidance given in relation to applications to rely upon late served surveillance material. Guidance given about status of report from counter surveillance “expert”.
  • Smith v Tesco [2016] EWHC 3252 (QB): Giles acted for the successful Claimant in this liability and causation trial in a case involving employee who sustained cauda equina syndrome as a result of an accident at work. The claim later settled at JSM for £2.25m
  • R v Colt Car Company: Giles acted for a Claimant who recovered £1.7m after undergoing a below knee amputation after an accident at work
  • ABC v XCC & Churchill Insurance (2016): Giles acted for the Claimant in this claim which settled for a capitalised sum of around £7 million. The Claimant suffered from cerebral palsy as a result of birth complications after his mother was involved in a road traffic accident.
  • P v S: Giles is instructed by the Defendant in this multi million £ claim where the Claimant fell from the Defendant’s horse and sustained catastrophic injury leading to tetraplegia. Liability is disputed and this case is likely to involve detailed analysis of the Animals Act 1971 and in particular section 2(2)(a).
  • M v OSF: Giles acts for the Claimant in this below knee amputation case. The case is worth in excess of £1.5 million.
  • Christian v South East London & Kent Bus Co [2014] EWCA Civ 944: Giles acted for the Claimant and Appellant on appeal in this RTA case which looked at extent of duties of bus drivers in an emergency situation.
  • Tapp v (1) Trustees of the Blue Cross Society (2) Palmer (2013) LTL: Giles acted for the Claimant in this case which explored the extent of the duty under section 2(2) of the Animals Act 1971.
  • Hoth v Thompson [2010] EWHC 1674 (QB): Giles acted for the Defendant in the High Court cost appeal from a PI RTA case.
  • Whippey v Jones [2009] EWCA Civ 452: Giles acted for the Defendant and Appellant in the Court of Appeal in this case dealing with the extent of the common law duty on dog walkers.
  • Freeman v Higher Park Farm [2008] EWCA Civ 1185: Giles acted for the Claimant and the Appellant in this case exploring Section 2(2) and 5(2) of the Animals Act 1971.
  • Atkins v Ealing LBC [2006] EWHC 2515 (QB): Giles acted for the Claimant and Respondent on appeal in this case dealing with the Section 41 duty on Highway Authorities.
  • Clark v Bowlt [2006] EWCA Civ 978: Giles acted for the Defendant and Appellant in this case dealing with the link between subsections 2(2)(a) and (b) of the Animals Act 1971.

Clinical Negligence:

Giles has a busy clinical negligence practice acting mainly for claimants. His expertise covers a full range of claims encompassing injuries of the upmost severity including spinal surgery, neurosurgery, birth injury cases, delayed diagnosis of cancer and ophthalmology. Giles is recommended in both Chambers & Partners 2018 and Legal 500 for his expertise in clinical negligence.

Recent cases have included claims worth several millions of pounds as a result of negligent treatment resulting in injuries such as Cauda Equina, Erb’s Palsy and Cerebral Palsy.

Notable Cases

  • Meynell v Croydon Health Service NHS Trust [2018] EWHC 2431 (QB): Giles acted for the successful Claimant in this liability trial arising from a failure to diagnose appendicitis leading to peritonitis
  • ABC v XCC (2016): Giles acted for the Claimant in this claim which settled for a capitalised sum of around £7 million. The Claimant suffered from cerebral palsy as a result of birth complications after his mother was involved in a road traffic accident leading to the premature onset of labour.
  • C v NHS Trust (High Court) (2016): Giles acted for the Claimant who sustained a birth injury leading to Erb’s Palsy as a result of negligent treatment during delivery. Her injury means that she will require lifetime care and assistance and her job prospects have been severely compromised. Damages were agreed in the sum of £850,000.
  • C v Dr B (2017): Giles successfully represented the Claimant at a liability and quantum trial in case where a GP had failed to diagnose retinal detachment leading to the Claimant losing sight in one eye and developing a conversion disorder leading to loss of sight in the other eye.
  • A v NHS Foundation Trust (High Court): Giles acts for a Claimant who suffered brain damage when the Defendant failed to diagnose a herpes infection. The Claimant has been left unable to speak and is immobile. She will require extensive care and the claim is likely to be worth in excess of £1 million.
  • G v Dr N: Giles acts for a child claimant who has been left with brain damage and a lower leg amputation after a GP failed to diagnose diabetes. The case is worth several million.
  • R v Care Home: Giles acts for a Claimant who suffered serious bed sores as a result of the Defendant’s negligence. As a result of her injuries the Claimant has been left bed bound and in need of 24 hour care.
  • K v NHS Trust: Giles acts for the familly of a woman who died of sepsis shortly after giving birth.
  • K v NHS Trust: Giles acts for a Claimant who has been left with severe brain damage after suffering cardiac arrest after child birth as a result of failure to properly monitor the Claimant. The Claimant has been left in need of 24 hour care and the case is worth over £10 million.

Inquests:

As a result of his high profile personal injury and clinical negligence practice, Giles has gathered extensive experience in the Coroner's Court acting both on behalf of the family of the deceased and other interested parties. Giles has a particular interest in Article 2 inquests.

Giles has recently been instructed by two families to represent them at the Inquest relating to the Croydon Tram Disaster.

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