Robert Robert

Barrister: Robert McAllister

Call:
2002

Education:
BCL, University of Oxford (2001); MA (Jurisprudence), University of Oxford (2000)

Overview:

Robert has always had a particular interest in personal injury, professional negligence and commercial disputes, having undertaken pupillage at a professional negligence/commercial chambers. His experience was broadened at 9 Gough Square, where he was exposed to the whole range of practice areas in Chambers, including crime and family law in the early years. Robert's broad experience makes him a versatile lawyer, happy to work across different areas of law in appropriate cases. He advises on and appears in costs litigation and undertakes CCMCs.

Robert's personal injury and clinical negligence work regularly includes fatal accidents. He was second junior in Corr v IBC Vehicles which considered foreseeability and remoteness where personal injury lead to death by suicide. Robert is also instructed in inquests covering RTAs, death in employment, care homes, clinical settings and asbestos related disease. Recent examples include a death by choking in semi-independent residential accommodation, contributed to by neglect and where unlawful killing was considered and a death following massive weight-gain over a short period of time.

Robert developed a police law practice with a focus on applications for ASBOs, Closure Orders and other civil orders in the criminal courts and is also instructed in matters relating to the Police Property Act and the Dangerous Dogs Act. He is the co-author (with Edwin Buckett and Tom Little) of Preventative Orders: A Practical Guide (Law Society 2010). He appeared in the Divisional Court in Dumble v Commissioner of Police for the Metropolis, a Closure Order case which set out the proper approach where orders are to be extended but where there is a reduction in nuisance etc after the premises are closed. Robert is currently involved with the Undercover Policing Inquiry.

Robert is head of both the Chambers' Police Law and Costs groups.

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Professional Negligence:

Robert's pupillage was at 4 New Square where he saw the full range of professional negligence cases with some of the leaders in the field. He mostly undertakes claims against solicitors and surveyors and has advised in many claims against solicitors arising out of their conduct of property and of personal injury proceedings.

Recent solicitor cases include: Alleged failure to advise that residential property was on contaminated land; failure to advise on whether a particular parcel of land was included within the sale of a B&B; and a successful mediation in a White v Jones style disappointed beneficiary case arising from failure to advise on the severance of a joint tenancy in order to give effect to the testator's intentions.

Robert also undertakes clinical negligence work.

Personal Injury:

Robert's personal injury practice includes written work, trials, applications and assessment of damage hearings in the County Court and High Court in the whole range of personal injury work, including RTAs, EL, PL and disease cases. For a number of years he edited (with Shahram Sharghy and Jeremy Ford) the Road Traffic Accident section of Butterworths Personal Injury Litigation Service. Robert also receives regular instructions for appeals under the Criminal Injuries Compensation Schemes and has recently acted for the victim of an assault at his recently opened tyre business with limited ability to return to work; the victim of domestic violence whose career in fashion was curtailed as a result; a jockey who suffered severe head injuries preventing horse-riding following an assault at a lock-in by a man purporting to be the doorman.

Robert was second junior to John Foy QC and Andrew Ritchie QC in Corr v IBC Vehicles [2008] UKHL 13, representing the successful Claimant in her Fatal Accident Act claim arising from the suicide of her husband caused by the Defendant’s negligence 6 years earlier. The case remains one of the leading authorities on remoteness of damage in the law of tort. Following Corr, Robert has represented various people affected by suicide and psychiatric injuries and in other Fatal Accident Act cases.

Inquests:

  • Death of a mother who suffered significant weight gain against a background of being prescribed 3 medications with a risk of weight gain, one with an abnormal dose.
  • Death of an adult with learning difficulties from choking, contributed to by neglect. M lived in semi-independent residential accommodation with care provided by a private company, funded by the local authority. He was a known choking risk at meal times but was left unsupervised, contrary to a risk assessment. Unlawful killing was argued. The case raised interesting issues as to whether the sort of care arrangements fall between regulators as the accommodation was, in effect, privately rented, and whether the HSAW Act applied.
  • Inquest with a jury into the death of a care home patient with senile dementia following a fall from a first floor window whilst trying to "escape" back to his wife. The window latches ought to have been secured.
  • Death of the second twin in child birth, calling in to question the methods for distinguishing between maternal and foetal heartbeat in labour. 
  • RTA involving skidding on ice formed when water was not properly draining from the highway. 
  • Inquest with a jury into the death of a refuse collector who was crossing the road from behind the lorry to collect bins, calling in to question the work method. 
  • Suicide of a teenage Jehova's Witness in the bath at home. 
  • Suicide in the work place.
  • Various inquests where there is a potential clinical negligence claim.
  • Various inquests into asbestos related deaths, usually with exposure in the work place. 
  • Various inquests following deaths in RTAs.

Property:

Robert has experience of a range of property work, including enfranchisement, boundary disputes, rights of way and business tenancies. Recent advisory work includes the placing of gates over a right of way behind terraced houses, interfering with the habitual parking of cars and a dispute over the renewal of a business tenancy of a jewellers in Hatton Garden.

Commercial:

Robert has been involved in claims involving sale of goods (including horses), claims against residential building contractors and a wide variety of commercial disputes. Recent examples include a dispute between a local authority and its refuse collection contractors over the costs associated with the closure of a depot and a claim by a national pub chain against its caretakers for significant loss consequent upon a burglary which occurred when the property was unattended.

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020 7832 0500 or Email »

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