"A reliable barrister who is very good with challenging cases and has a good intellect."

Chambers & Partners 2019
Simon Simon

Barrister: Simon Brindle

Call:
1998

Education:
LLB Hons, Reading University (1996)

Overview

Simon is an experienced and skilled barrister, practicing in the fields of Personal Injury and Clinical Negligence.

Simon can be trusted to help progress the most difficult of cases. In the field of Personal Injury, he is instructed on behalf of both Claimants and Defendants. His work is split roughly 80/20%. He conducts cases in his own right and as junior counsel. In disputes arising out of Clinical Negligence, Simon acts exclusively for Claimants.

Clients take to Simon’s warm and engaging, but authoritive style. He swiftly builds up the rapport of trust and confidence, with both lay and insurer clients, fundamental to a successful outcome in any case.

Simon is also an LSM Accredited Mediator.

What the directories say:

"Knowledgeable, always well prepared, approachable and friendly with clients, solicitors and experts." "Has an excellent eye for detail and is impressive with clients." Chambers & Partners 2018

"Behind the charm is a well-prepared and knowledgeable barrister." Legal 500 2017

"He can deal with the most delicate of issues with the utmost sensitivity." Legal 500 2016

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Personal Injury

Simon has extensive experience in all areas of personal injury work. He regularly is instructed in cases involving catastrophic injuries, traumatic brain injuries, and amputation. He is instructed in employers’ liability claims, including industrial disease, fatal accidents claims, road traffic accident claims – particularly accidents involving motorcycles - and public liability claims.

He has a particular interest in brain and head injury; spinal injuries; amputation; chronic pain cases; and fatal accident cases.

With regards liability, he is regarded as specialist retail and workplace counsel by his Defendant clients, and specialist fatal accident, workplace and public liability counsel by many of his Claimant clients. In the field of highway claims, he appeared for the Defendant in the Court of Appeal in the highways case of Day v Suffolk County Council and has assisted in a number of successful ‘snow and ice’ cases and claims against Utilities companies. In respect of road traffic accidents, Simon has a keen awareness of the issues arising in cases involving motorcycle accidents; having driven a Scooter daily in Central London for three years.

Simon was junior counsel for the Defendant in the first decision on fundamental dishonesty under the QoCs regime, Gosling v Screwfix.

Also, Simon acted for a Claimant in what is thought to be the first successful employer’s liability claim arising out of a dog mauling, sustained by an employee visiting domestic premises during the course of his duties, Camden v Jackpot Leisure.

In XP v Compensa and Anr Simon represented a Claimant who suffered a traumatic miscarriage following a road traffic accident in Poland. That same Claimant was then injured two years later in a road traffic accident in the UK. The claim involved consideration of the assessment of damages under Polish Law, including the application of the principle of Joint and Several Liability, as well as apportionment between two successive tortfeasors.

In the first two months of 2019, Simon has successfully represented Claimants in claims arising out of assaults in a school playground and injuries arising from a game of musical chairs.

Simon can be relied upon to manage cases involving multiple expert disciplines and to draft detailed and comprehensive Schedules and Counter-Schedules. He consistently conducts serious and catastrophic injury claims and defences, both on his own and as junior counsel. For example, recently he helped secure £3.2 million and Provisional Damages for an ASIA C spinal cord injured client; and £4.25 million for a woman, in her 50s, who suffered an above knee amputation.

He is listed as a Leading Individual in the Legal 500; “He is incredibly thorough, very good with clients and excellent on his feet”. He is listed too in Chambers and Partners as “a reliable barrister who is very good with challenging cases and has a good intellect.”

Simon is a contributor to the APIL Catastrophic Injuries Guide, the lead author of the 9 Gough Square publication Work Equipment Claims and has been a contributor to CPD Casts. He lectures on Employers’ Liability, all aspects of quantum – most recently on Life Expectancy, Ogden 7 and Pension Claims – and claims arising from Dangerous Highways.

 

Clinical Negligence

Simon has experience in all areas of clinical negligence work, ranging from negligent treatment to delayed diagnosis. For example, he has acted for the estate of someone who endured unnecessary treatment following the delayed diagnosis of cancer; a woman who suffered the insult of, and subsequent breakdown of her marriage following, a negligently performed abdominoplasty; the widow of a man whose spinal cord injury was misdiagnosed by paramedics; and a Claimant who required life-saving surgery following the failure of a negligently fitted gastric band.

Causation issues permeate through most clinical negligence cases. His professional clients rely on Simon to explain them, in clear and simple terms, to their lay clients, and help obtain appropriate and cogent evidence on the issues from the experts in the case. Simon’s clients find his firm, but the approachable style has helped achieve successful outcomes in almost all cases he has been involved in.

His quantum experience includes establishing causation in ‘loss of a chance’ cases and delayed diagnosis.

 

Notable Cases

  • Michaelis v Hyland (settlement 21st February 2019). Settlement of claim on behalf of the estate of a woman who was catastrophically injured well she tripped and fell whilst crossing the road. She fell into the side of a passing motorcyclist. Liability was difficult but compromised on a 50/50 basis. The Claimant sadly passed away before the quantum trial could be heard, resulting in the claim becoming a fatal accident claim. The deceased’s husband was a higher earner. As a result, the conventional approach to lost financial dependency was not appropriate. Nevertheless
  • Joseph v Smith (settlement, 18th February 2019). Settlement of claim for a woman in 50s who suffered above knee amputation for £4.25million. Simon was led by Jacob Levy QC.
  • Diaconu v Diaconu (DDJ Wright, Mayor’s and City of London Court 15th February 2019). Successfully resisted the Defendant’s application for permission to amend Defence to allege Fundamental Dishonesty.
  • Osborne v Bourne Leisure (Winchester County Court 4th to 5th February 2019). Successful claim on behalf of woman severely injured during a game of musical chairs. Defendant alleged, amongst other things, that the Claimant was Volenti.
  • Thewedros v City of Westminster (HHJ Bailey, Mayor’s and City of London Court 8th to 10th January 2019; and settlement 4th March 2019). A successful claim brought on behalf of schoolboy assaulted in the playground by a group of boys. The Defendant contended that there were at least four teachers on duty at the time and, so, it could not have prevented the assault. The Claimant developed serious mental illness a number of years the assault, the causation of which was disputed.
  • Rippon v Chelsea & Westminster (settlement November 2018). A successful compromise of a Claimant who received negligent treatment of gynaecological complications at the Defendant’s hospital. Causation was a significant injury, as was the cause of the Claimant’s inability to work since the negligence.
  • Lynch v MoD (settlement September 2018). Successful settlement of a claim by ASIA C injured Claimant, for £3.2million and Provisional Damages. The extent of the risk of syrinx formation was controversial, which resulted in two JSMs being necessary.
  • Chase v Ageas Insurance (Croydon County Court 9th August 2018). Successful claim on behalf of a motorcyclist, on whom the Defendant pulled out of a side road in front of. The Claimant was able to avoid colliding with the Defendant initially, but the Defendant then slowed in the road, making a collision inevitable. The Defendant disputed this version of events.
  • Matthew v McCarthy (settlement January 2018). Settlement of below amputation case.
  • Karasiewicz v Ke (settlement March 2017). Successful compromise achieved for head injured pedestrian knocked down whilst walking in the middle of an unlit country road in the hours of darkness. Defendant alleged the Claimant was attempting to commit suicide by car.
  • Henry & Ors v TfL (Central London County Court 14th & 15th March 2017, HHJ Sanderson). Successful claim on behalf of passengers in a taxi upon which a roadside tree fell onto. Claim defended on basis that risk of tree falling was not readily apparent at any prior inspections.
  • Brown v Apcoa Parking (settlement, approved in March 2017). A successful compromise of a claim brought on behalf of a 4-year-old boy who was run down by a bus in an airport car park. The boy ran out in front of the bus from behind parked cars.
  • Calisto v Grafton Square Surgery (settlement, December 2016). Compromise achieved at settlement meeting for Claimant who had a delayed diagnosis of throat cancer. Breach and causation in issue, particularly whether earlier treatment would have made any difference to the outcome and life expectancy.
  • Coulter v Watkins (High Court, 4th, 5th & 6th October 2016, HHJ Wood QC sitting as High Court Judge). Liability established against a motorist who collided with Claimant. At the time, the Claimant, who was 12, was on a skateboard. The issue in the case centred upon whether the Claimant was lying on the skateboard at all material times, as so hidden from the Defendant’s view.
  • Re: Bernat (settlement, June 2016). Successful compromise achieved for a motorcyclist, filtering past a stationary bus, who collided with an emerging car. Agreed expert evidence was that if Claimant had been travelling within speed limit accident would have been avoided entirely, and the emerging car was proceeding at 3mph.
  • XP v Compensa & Anr (High Court, May 2016, Whipple J). Simon represented a Claimant who suffered a traumatic miscarriage following a road traffic accident in Poland. That same Claimant was then injured two years later in a road traffic accident in the UK. The claim involved consideration of the assessment of damages under Polish Law, including the application of the principle of Joint and Several Liability, as well as apportionment between two successive tortfeasors.
  • Hillier v Eagle Star (settlement, April 2016). Compromise achieved on behalf of Claimant injured in road traffic accident on private land. RTA insurer and MIB refused to indemnify Defendant on basis that insurance cover was not required in such circumstances, notwithstanding the European Court of Justice’s decision in Vnuk. Claim had to be brought against UK Government for Frankovich damages for failing to implement EU Directives before insurer even began to negotiate.
  • Hume v Anglian Archieve (settlement, May 2016). Successful compromise on behalf of Claimant who, following slip on ice, developed Chronic Pain Syndrome arising from minor injuries to the shoulder. Defendant’s evidence was that Claimant’s orthopaedic symptoms after a short period were caused solely by constitutional changes in the shoulder and, as a result, the Chronic Pain Syndrome would have developed in any event.
  • Spencer v Cush (High Court, settlement approval March 2016). The Court approved compromise on behalf of the partner of the deceased, where the main issue in the claim was whether she had been living with the deceased, as husband and wife, for two years prior to his death.
  • Camden v Jackpot Leisure (Central London County Court, 15th July 2015, HHJ Faber). An employer breached its duty of care to its employee when sending him to a premises it knew at which dogs were present without taking any steps to ensure he would be safe. As a result, it was liable for the mauling he suffered there.
  • Bathmaker v Acorn Mobility (settlement, May 2015). Aided in settlement of fatal accident claim where couple’s pre-accident income comprised solely of state benefits.
  • Linkson v Arriva Buses (High Court, settlement approval February 2015). The court approved compromise of a claim for a gross sum of £11.5 million (£2 million lump sum and PPOs of £235,000 per annum), in a claim Simon was junior counsel in.

 

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