Gurion Gurion

Barrister: Gurion Taussig

Call:
2001

Education:
BVC (Very Competent) BPP Law School; Postgraduate Diploma in Law (Distinction), PhD, MA, Leeds University; BA (Hons), Cambridge University

Overview:

Gurion has a very busy paperwork and court practice in the fields of personal injury and clinical negligence. He also enjoys a thriving costs practice and is experienced in a variety of commercial and property litigation. He is known for providing clear, practical advice coupled with a sympathetic approach to clients.

Gurion is a determined advocate whether in Court or in negotiation at Joint Settlement Meetings. Solicitors praise his knowledge of technical issues, and gut feel for the merits of a case as well as his sympathetic manner with clients. Whether for claimants or defendants, he believes strongly in servicing a caseload efficiently and making himself available for his clients.

The majority of his personal injury practice is claimant work but Gurion is also instructed by defendants both in personal injury and commercial litigation. He undertakes direct access work.

Gurion is a member of PIBA, APIL and AVMA.

Client Comments:

  • "Gurion Taussig is a fantastic barrister. He frequently provides well thought out practical advice and has great client care skills." Michael Latner, Partner at S&G
  • "I have worked with Gurion on personal injury matters for many years, he is calm in the midst of battle and has an eye for detail. His judgement and sound advice is something that both my clients and I are always grateful to have in our arsenal." Barry Osborn, ASB Aspire
  • "I have instructed Gurion for a number of years on a broad range of personal injury, public law and general commercial matters (claimant and defendant). Gurion is very approachable and always takes the time to properly understand and appreciate the unique nature of our diverse business and specific legal requirements. His advices are consistently clear, concise and focused. Gurion is also a highly effective advocate who delivers his briefs with great skill and articulation...highly recommended." Alan Cameron, G4S Legal Department

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Personal Injury

Gurion has an extensive and well-established personal injury practice, encompassing employers' liability, public and occupiers' liability, fatal accidents, accidents abroad and road traffic claims. He is experienced in occupational disease work including asbestosis and mesothelioma, industrial deafness and upper limb disorders. Practice also encompasses CICAP claims.

His practice is exclusively multi-track work and concentrates on serious injuries, often addressing complex issues of liability and medical causation. He has particular expertise in traumatic brain injury, spinal injury and fatal accident cases. He is often involved in such cases by his solicitors from their outset up to trial/settlement. Much of his ongoing caseload is high value with several claims valued at over £1M.

He prides himself on being often in court, whether in applications or in liability trials. He is also a skilled negotiator and experienced in settling claims at JSM. His paperwork covers the full range of issues involving personal injury law, and includes advising upon and drafting schedules of high value.

Gurion also has experience of acting for protected parties and the Court of Protection. For example, he has recently settled a claim for a protected party at £775K in which he acted from the outset, advising the family, drafting schedules, negotiating at JSM and appearing for High Court approval.

Gurion is the Secretary of the APIL Procedure Special Interest Group. He lectures regularly. His publications include: 'Testing the Boundaries: Employers' Liability 2014' for Journal of Personal Injury Law (2014).

Inquests

Gurion is regularly instructed to attend inquests arising from medical malpractice as well as workplace and road traffic accidents. He has significant experience of the Coroner's Court and in cross-examining surgeons, doctors as well as employers. In representing interested parties he brings a sensitive as well as determined approach in probing areas of potential concern.

By way of example of his work, his inquest work this year includes representing a family in a 3-day inquest relating to a workman who died when falling through the roof at a workplace; advising and representing a family in a 3-day inquest relating to the death of a patient who died of heart attack subsequent to discharge from hospital; representing a national security company in a 2-week inquest involving the death of a prisoner in prison.

Clinical Negligence

Gurion undertakes a variety of clinical negligence work. His has extensive experience of misdiagnosis cases and negligent treatment. He has particular interest in TVT litigation and has successfully litigated many such cases in the last few years. By way of example, his recent work includes advising and providing court representation in the following types of case:

  • Negligent insertion and/or removal of TVT / TVT-O.
  • Negligent vaginal prolapse surgery.
  • Negligent knee replacements resulting in deformations of the legs requiring revisions and above-knee amputation.
  • Negligent cancer diagnosis resulting in significantly early death.
  • Failure by hospital to diagnose acute cardiac condition resulting in subsequent cardiac arrest and death.
  • Negligent monitoring of kidney condition resulting in chronic and deteriorating kidney disease
  • Metal on metal negligent hip implants.
  • Defending successfully alleged failure to provide prisoner with anti-depressant medication resulting in discontinuation syndrome and PTSD. Claim was discontinued just prior to 4-day trial.
  • Failure to obtain consent in treatment of wrist fracture resulting in permanent deformation of upper limb.
  • Delay in arranging renal surgery resulting in calcification of stents and requirement for additional surgery.
  • Failure of physiotherapist to refer patient with ongoing hip pain timeously resulting in hip replacement.
  • Negligent care of claimant with dementia whereby she was allowed to fall and suffer step-change in her condition resulting in accelerated death.  Succeeded for Estate after 3-day trial.
  • Failed sterilizations (male and female).
  • Negligent plastic and laser surgery resulting in extensive burns to legs and other areas of body.
  • Negligent dental treatment

His caseload is predominantly multi-track with many settled and ongoing claims of high value (£250,000 plus). In his defendant practice, he defends the conduct of medical professionals engaged in national security companies in their dealings with prisoners in custody and in prison.

Gurion is praised for identifying the pertinent issues in a clinical negligence case and presenting complex ideas of medical causation with clarity. He is praised for his sympathetic manner with clients and ability to explain clearly the merits of a particular case. He regularly undertakes mediations for claimants in clinical negligence disputes and he appears on behalf of families at inquests.

Costs & Commercial

Gurion conducts a wide variety of costs litigation. He acts for receiving and paying parties. He appears regularly in the SCCO and County Court as well as High Court. He acted in W Portsmouth Ltd v Lowin [2017] EWCA Civ 2172 (QB) which is the leading case on the interplay between Part 36 and provisional assessments. He is regularly instructed to advise and provide representation in other costs appeals.

Gurion has expertise in all aspects of detailed assessments and costs budgets hearings. He assists in drafting Points of Dispute and advising on a range of costs issues including recovery of success fees; scope of Part 36; funding arrangements; the enforceability of CFAs and retainers.

In commercial matters, Gurion advises and provides representation in work ranging from debt claims to the construction of insurance contracts, general contract disputes, and civil fraud. He has recently advised and acted in successful High Court litigation for nationwide company alleging its supplier of hygiene products breached contract in not charging it the same price as other customers for similar quantities of goods: the matter settled before CCMC for £750K. At trial, he has recently successfully defended an employee in a civil fraud trial accused of procuring the disposal of commercial diggers with claimed damages of £125K.

He also has extensive experience of landlord and tenant work and has appeared regularly in the First-Tier Tribunal (Property Chamber) as well as the County Court. In his trial work, he has appeared for a landlord in a five-day possession trial involving disrepair and construction of a policy of insurance; for a landlord in a five-day possession trial involving breaches of lease for antisocial behaviour; for tenants seeking relief from forfeiture in a variety of circumstances.

Recent publications include 'The Fundamental Importance of the Costs Budget: Merrix v Heart of England NHS Foundation Trust‘ (9GS, 13 March 2017); 'Provisional Assessments' (Westlaw Insight 2017); 'Trumping Fixed Costs' (Costs Lawyer, Issue 4, July / August 2016).

Recent Cases

  • Lockyer v Royal Surrey County Hospital NHS FT (Settlement and Approval 2019). Acted for family at 5-day Inquest and in resulting claim for widow and two dependents. Claim concerned failing by hospital to diagnose widened mediastinum resulting in the deceased suffering fatal aortic dissection one week later. Settled pre-issue for £750K with High Court approval of minor’s damages at £225K.
  • Watling v Chief Constable of Suffolk Constabulary and anor [2019] EWHC 2342 (QB). Successfully defended G4S in 5-day High Court trial in which the claimant alleged breach of Article 3 and 8 rights as result of delay in providing treatment for stroke whilst in police custody.
  • T v Poole Hospital NHS FT (Mediation 2019). Acted for claimant who suffered brain injury when dermoid cyst was not identified by reason of the hospital’s cancellation of MRI scan.  The claimant went on to suffer dermoid tumour and hydrocephalus with far-reaching consequences.  Achieved £337.5K settlement.
  • Ali v G4S Facilities Management (UK) Ltd and anor [2018] EWHC 591 (Ch). Successfully defended company providing hospital security in three-day trial and on appeal to High Court in which false imprisonment against a member of its staff was alleged.
  • W Portsmouth & Co Ltd v Lowin [2017] EWCA Civ 2172. Acted in high-profile costs case in High Court and (for respondent) in Court of Appeal regarding whether CPR 36.17(4)(b) (costs consequences on bettering Part 36 offer) displaces CPR 47.15(5) cap on costs of provisional assessment.  The Court of Appeal affirmed that the latter rule was not displaced.
  • Faller v Foreman & Anor (JSM 2016; Settlement 2017). Acted from outset for cyclist suffering traumatic brain injury when knocked off his bicycle. Achieved settlement of £920K gross of 95-5 liability apportionment.
  • White v MCCH Society Ltd (JSM 2016; Approval 2017). Acted for protected party who suffered serious injuries falling off a ramp at a day-care centre. Significant claims for accommodation and Court of Protection costs. Achieved £775K settlement.
  • Gray v Bourke (Settlement, 2017). Acted from outset for claimant in liability denied road traffic accident, who suffered traumatic brain injury and significant loss of earnings. Achieved settlement after issue of proceedings of £1.175M.
  • G4S Care & Justice Services (UK) Ltd v Manley [2016] EWHC 2355. High Court appeal in Occupiers' Liability Act 1957 personal injury claim considering a prison’s responsibility to restore electricity timeously where prisoner with mobility problems fell in his cell and suffered injury in reduced lighting.
  • G v The First-tier Tribunal (interested party: Criminal Injuries Compensation Authority) [2016] UKUT 0196 (AAC). Acted from outset in achieving £400K award for brain injured applicant. First-Tier Tribunal decision reduced damages by 25% to reflect bad character. Successfully judicially reviewed decision on grounds LASPO's retrospective effect meant the convictions were spent and no deduction warranted.

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