"Has an excellent eye for detail and is impressive with clients."

Chambers & Partners 2018
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 67/33%. 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.

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 catastrophic injuries cases, traumatic brain injuries cases, amputation cases, employers' liability claims, fatal accidents claims, road traffic accident claims - particularly accidents involving motorcycles - and public liability claims.

He has a particular interest in: interpretation and application of statutory duties; brain and head injury; amputation, multiple and significant orthopaedic injury; chronic pain cases; and fatal accident cases.

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.

More recently, in XP v Compensa and Anr recently 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.

Currently, Simon consistently conducts serious and catastrophic injury claims and defences, and, as junior counsel, helped secure the gross equivalent of £11.5 million for a catastrophically injuries claim in Linkson v Arriva North. He can be relied upon to manage cases involving multiple expert disciplines, and to draft detailed and comprehensive Schedules and Counter-Schedules.

He is listed as a Leading Individual in the Legal 500, in which he is described as "A thoroughly modern barrister: erudite and technically proficient, but with an approachable manner."

Simon is the lead author of the 9 Gough Square publication Work Equipment Claims and has been a contributor to CPDCasts. 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; a Claimant who developed pressure sores in hospital following admission for a stroke; 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 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

  • 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 road side 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): 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. Boy ran out in front of 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 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 motorist who collided with Claimant. At the time, the Claimant, who was 12, was on a skateboard. 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.
  • Stoffell v De Verteuil (High Court, 30th August 2016, HHJ McKenna sitting as High Court Judge): Successful application to adduce further expert evidence six months late and one month before trial. Claim subsequently compromised just before trial.
  • Carvin v Intercontinental Hotels (Swindon County Court, 11th July 2016, DDJ Taylor): Award of wasted costs obtained against solicitors who failed to ensure a Claim Form was served during an extension of time.
  • Re: Bernat (settlement, June 2016): Successful compromise achieved for motorcyclist, filtering past stationary bus, who collided with emerging car. Agreed expert evidence was that if Claimant had been travelling within speed limit accident would have been avoided entirely, and 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 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.
  • Harrison v Chief Constable of Yorkshire Police (Leeds County Court, 12th August 2015, HHJ Saffman): The chief constable was liable to one of its officers for injuries caused by the ‘thermal lockup’ of one of the breaks on the motorcycle he was riding.
  • 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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