"A fine advocate."

Legal 500 2017
Jeremy Jeremy

Barrister: Jeremy Crowther

Call:
1991

Education:
LLB, Reading University

Overview:

Jeremy is a clinical negligence and personal injury specialist with over 25 years' experience.

He is instructed by the country's leading personal injury firms in a wide range of personal injury cases, many with a value in excess of £1 million. He is adept at providing clear and understandable advice on complex liability and quantum issues.

In addition to his mainstream personal injury practice, Jeremy is experienced in industrial disease work and lectures regularly on subjects such as Asbestos related claims and Noise Induced Hearing Loss (NIHL).

His Clinical Negligence work ranges from failure to diagnose and surgical negligence claims through to those involving issues of informed consent. He has contributed to all editions of the 9 Gough Square publication Clinical Negligence Claims: A Practical Guide.

What The Directories Say

  • "He couples pragmatic advice with legal intellect" Legal 500 2017
  • "Fierce and fiery; a fine advocate" Legal 500 2017
  • "Excellent with clients and at JSMs." Legal 500 2016
  • "A pragmatic individual who gets very good results." Legal 500 2015

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Clinical Negligence:

Cases of clinical negligence make up approximately 50% of Jeremy's practice. Recent instructions concern cases of failure to diagnose (cancer, cardiac problems, orthopaedic injury), as well as surgical negligence. He is currently instructed in numerous 'metal on metal' hip replacement claims, involving inter-related issues of product liability, and in numerous multi-million pound claims.

He is a contributor to 9 Gough Square's practical guide to Clinical Negligence Claims: A Practical Guide.

Examples of recent Cases

  • D v Nuffield Health (2018): The Claimant, aged 47, underwent a left sided osteotomy to remove a bunion from her left foot. This apparently simple procedure went catastrophically wrong, and the Claimant was left with significantly impaired mobility and unable to work. Liability and causation were vigorously denied. Jeremy choreographed the complex medical evidence, successfully settling the case shortly before trial.
  • HT v Reeves (2017): In 2009, Jeremy was instructed to represent a 14 year old minor who sustained very serious leg injuries when a vehicle was deliberately driven at her by an uninsured driver. The matter was complicated by the fact the Claimant received negligent treatment in two hospitals, each of which blamed each other. Jeremy advised the Claimant on numerous occasions over the course of 8 years, and built up a strong rapport with the client as she grew up and adapted to her continuing disabilities. In the Spring of 2018, an interlocutory hearing in the case was widely reported and commented upon (see, eg, Lawtel 23.3.17) , as the High Court examined the relationship between CPR 6.10 and CPR 36.10 (as the Claimant sought to withdraw a Part 36 offer following the change in the discount rate). The case settled for £550,000 days before trial. 
  • TS v Heart of England NHS Foundation Trust [2015]: The Claimant was a former professional boxer who developed a DVT after knee surgery. Liability and quantum in dispute. Settled for £450,000 at a JSM. Instructed by Trinity Law (Birmingham).
  • EF v Dr GH [2015]: The proprietor of a chain of high class beauty salons sustained significant abdominal burning whilst undergoing body sculpting treatment. Liability and quantum was highly contentious. Settled for a confidential six figure sum at JSM. Instructed by Hill & Abbott (Chelmsford).
  • MS & Others v Dr MC [2015]: The Claimant, a child with Downs Syndrome, died of a pulmonary embolism caused by an undiagnosed left venous thrombosis. Negligence was alleged against his GP on the basis she had failed to communicate effectively with the Claimant, recognise his symptoms or take his complaints of leg pain seriously. Associated claims for nervous shock were brought by family members who had sustained psychological injury having witnessed the Claimant falling in and out of consciousness, and attempts being made to resuscitate him. Breach of duty was vigorously denied. Jeremy advised throughout securing settlement of all claims before trial. Instructed by Shoosmiths (Basingstoke).
  • CL v Somerset Partnership NHS Foundation Trust [2015]: The Claimant sustained a large oro-antral fistula during multiple tooth extractions, as a consequence of which he developed permanent symptoms of facial pain, headache and smell and taste disturbance. Issues of informed consent. Case settled. Instructed by Holmes & Hills (Essex).

Personal Injury:

Jeremy is instructed in a wide range of personal injury cases, including employers' liability, industrial disease, and road traffic accidents. Equally comfortable advising on both liability and quantum, recent instructions involve cases of catastrophic brain injury, fatal accident, above knee amputations, chronic pain and nervous shock. He regularly prepares schedules of loss in cases with a value in excess of £1 million.

He undertakes a significant amount of Industrial disease work, especially asbestos related injury and noise induced hearing loss (NIHL). He lectures widely on these subjects.

In the last year, Jeremy has represented clients in Courts throughout the country. He is very happy to travel nationally to meet clients in conference at their home.

Examples of recent Cases

  • Shaw v Go-Ahead (2018): One of many fatal accident claims in which Jeremy has advised, settled Schedules of Loss, and represented Claimant’s during 2017. This case involved a 57 year old who was knocked over by a bus. He had recently become the Chief Architect for Network Rail, and whilst he had a relatively modest history of pre-accident earnings, his recent appointment generated a significant dependency claim. The case settled for 600,000 at a JSM in January 2018.
  • Heron v MIB (2017): Mr Heron sustained an above knee amputation when he was involved in a road traffic accident. The driver of the third party vehicle was untraced, and the matter proceeded under the MIB Untraced Drivers Scheme. Jeremy was instructed to advise the Claimant. The case eventually settled for 1.9 million. 
  • Kennett v Connors & MIB (2017): PC Kennett sustained serious injuries - causing her to be cast from the police force - when she was deliberately struck by a vehicle during the course of a police chase. Three individuals - all subsequently identified – ran away from the vehicle, but it was impossible to conclude who was driving. Jeremy advised PC Kennett on numerous occasions, in particular as to whether arguments of joint enterprise would be successful, and as to whether this was an Untraced MIB case, or an Uninsured MIB case. The matter was eventually settled for a high six figure sum at a JSM
  • Gonzalez v Pointing, Mayors & City CC (2017): The Claimant, a South American cleaner, sustained a brain injury when she was struck by (a falling) part of the Defendant’s trading stall outside a London Underground station. The Claimant could not remember what had happened, and there were no witnesses to the accident. The Defendant denied that his stall had caused the Claimant's injuries. Liability was vigorously contested. At a (split) trial on liability, detailed legal submissions were made as to what could legitimately be inferred from the circumstances of the accident. The Claimant succeeded. Previous solicitors / counsel had refused to act for the Claimant in this multi track case under a CFA on the basis that prospects of success were less than 50%. The Defendant appealed, unsuccessfully, to the Court of Appeal
  • Farbar v ACL Care Homes Limited (2016): The Claimant, an Albanian national, sustained multiple injuries when he fell whilst undertaking window cleaning activities at the Defendant’s premises. Liability was vigorously disputed, and previous solicitors and counsel had terminated their CFA. Jeremy was instructed to advise in conference on numerous occasions, draft Particulars of Claim / Schedule of Loss, perfect witness statements, and represent the Claimant at interlocutory hearings in the High Court. The matter settled shortly before a split trial on liability for a six figure sum.
  • Hannan v Parklane Limited (2016): The Claimant, a man in his twenties, sustained seemingly innocuous injuries in a minor accident at work. He alleged a significant disability and argued he was unable to work. Liability was conceded, but causation and quantum were vigorously disputed with allegations of fraud, malingering and a failure to mitigate being levelled against the Claimant. Jeremy was instructed (as alternative counsel) when it became clear there was a real risk the Claimant wouldn't beat an early Part 36 offer to settle. He advised the Claimant on strategy and tactics, ultimately securing an advantageous settlement at JSM.
  • Bland / Blackford v Chalmers (2016): Mr Bland was killed and Mr Blackford sustained multiple injuries when they were knocked over by a vehicle driven by an off duty policeman. High Court proceedings were commenced against the driver, highway authority and local water authority. Liability was vigorously denied by all 3 Defendants. Jeremy settled Letters of Claim and Particulars of Claim, and advised on numerous occasions in conference and on paper. All actions - including claims for nervous shock brought by two members of the Bland family - were eventually compromised. Jeremy was instructed to represent the Claimant Blackford at a JSM at which the case settled shortly before a split trial on liability.
  • Williams v Cym Taf Local Health Board (2016): Jeremy was instructed to represent the Claimant on an appeal against a district judges refusal to allow him relief from sanction, with the effect that over £100,000 was struck from his personal injury claim. He drafted all the necessary paperwork, secured permission to appeal on paper, and then represented the Claimant in his oral appeal in a 1 day hearing listed at Cardiff County Court. The appeal was successful.
  • Collier v Welsh Unity Mines [2015]: A Welsh miner who had sustained career ending leg injuries in a mining accident. Liability, causation and quantum were all in dispute. Shortly before trial, the Defendant disclosed damning video surveillance evidence and amended their defence to plead fundamental dishonesty. Advised the Claimant (and General Secretary of the Welsh NUM) in conference on two occasions, successfully securing a substantial out of court settlement. Instructed by Thompsons (Cardiff).
  • Hadland v Hogarths Hotel [2015]: The Claimant, age 70, sustained a fracture to her (L) proximal femur when she tripped and fell at her daughter's wedding, and remained significantly incapacitated. The Defendant denied liability, relying upon a stream of witnesses to argue that the Claimant was entirely the author of her own misfortune. The Claimant herself was unsure why she had fallen. Successfully represented the Claimant at trial. The Court found 100% in her favour, beat a Part 36 offer and was the recipient of indemnity costs. Instructed by Trinity Law Partnership (Birmingham).
  • Joiner v X [2015]: The Claimant sustained serious multiple injuries when her car was struck head-on by the Defendant's vehicle. The Defendant, an 85 year old man, raised an automatism defence, alleging he had suffered an unavoidable brain haemorrhage / stroke, and consequently raised an automatism defence. The matter was complicated by complex causation and quantum arguments. Negotiated settlement at JSM. Instructed by Pro Legal (London).
  • Wakefield v Rosenberg [2014]: The Claimant was seriously injured in a motorcycle accident, sustaining a complex knee fracture leading, ultimately, to an above knee amputation. Liability was admitted, but causation and quantum in dispute. The Claimant's loss of earnings claim was particularly contentious, being based on his 'intention' to become a black cab driver. The matter was finally compromised for £1.35 million. Instructed by Rider Support (London).

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