Robert Weir QC
Year of Call 1992 Silk 2010
Rob specialises in all aspects of personal injury and clinical negligence and the impact of the Human Rights Act on those areas. He acts for a wide range of clients, both claimants and defendants.
He is an editor of Kemp & Kemp (chapters on conflict of laws, accommodation claims, mentally incapable claimants and PPOs) and writes a chapter on the liability of public authorities for Butterworths Personal Injury Litigation Service. He also speaks regularly at seminars and conferences and writes for Solicitors Journal and Journal of Personal Injury Law.
Rob was appointed Queen's Counsel in 2010.
Rob won the category of Personal Injury & Clinical Negligence Silk of the Year at the 2013 Chambers UK Bar Awards.
Robert Weir QC is appreciated as a highly intelligent barrister with a substantial practice in clinical negligence and personal injury, particularly in cases involving Human Rights Act aspects. The breadth of medical issues his work has covered recently includes failure to diagnose meningitis, negligence by psychiatric units and failure to diagnose cancer.
Expertise: “He is top-notch. Incredibly intelligent, he cuts through all of the gloss from the other side and gets straight to the point. You can have a huge case and he’ll cut through it in no time. Very firm with the other side, he is fantastic on complex medical issues and a brilliant advocate as well.”
Recent work: Represented a claimant who sustained a neck injury in a road traffic accident following which she received surgery at hospital. Following a disc replacement operation to the neck, she was rendered tetraplegic. The case is against the road traffic defendant and the NHS trust responsible for the hospital, and involves difficult issues liability and causation.
Chambers UK 2014
Within Clinical Negligence and Healthcare Robert Weir QC is "at the top of the tree when it comes to his advocacy skills", whilst in Personal Injury he is noted for his "determination, refusal to bend under pressure, and tactical awareness". Legal 500 2013
The "extremely intelligent and able" Robert Weir QC is "a go-to barrister for the most complex claims." He habitually handles cerebral palsy and other brain injury cases, and recently handled a claim concerning cerebral palsy which arose as a result of an episode of hypocarbia shortly after birth. Chambers UK 2013
Robert Weir QC acts for a broad range of clients, and receives instructions from both claimants and defendants. He "is an exceptional advocate and a brilliant problem solver who displays a high attention to detail" in all he does. He is further praised by instructing solicitors for his "sympathetic and down-to-earth" approach to clients. He appeared in Smith and others v Ministry of Defence, the much publicised case concerning members of the armed forces killed in Iraq. Chambers UK 2013
Robert Weir QC of Devereux Chambers has acted on personal injury matters for some years. His travel practice sees him act particularly on matters with a maritime aspect, and he recently advised on Saldanha v Fulton, a case concerning injury to an Indian merchant seaman. Sources describe him as an "excellent advocate." Chambers UK 2013
Robert Weir QC has an "excellent legal brain" and takes "a very proactive approach" to his work.
Personal Injury, Chambers UK 2012
Robert Weir QC is a "real star at Devereux." He is "incredibly intelligent, gets through the issues quickly and is a fantastic advocate." His "authoritative yet conversational" manner in court was picked out for special praise. Clinical Negligence, Chambers UK 2012
Robert Weir QC is "enormously talented" and "intellectually outstanding" Clinical Negligence, Legal 500 2011
Robert Weir QC is "extremely sharp", "a real lateral thinker" and "unwavering in cross-examination".
Clinical Negligence and Healthcare, Legal 500 2010
New silk Robert Weir QC is a good negotiator who is ‘incredibly bright and extremely good on difficult points of law’. Clients appreciate the fact that he is ‘very clever and gets to the point.’ Clinical Negligence, Chambers UK 2011
“Robert Weir QC is a specialist in catastrophic injury cases, whose elevation to silk this year was warmly greeted.” Personal Injury, Chambers UK 2011
As a junior, Rob was winner of 2007 Chambers & Partners, Personal Injury Junior of the Year AwardClose
Notable casesAdd to Portfolio
- Smith and others v Ministry of Defence  UKSC 41: combat immunity and article 2 claims arising out of soldiers killed in Snatch Land Rovers in Iraq; issue as to whether HRA extended to deaths in Iraq. Succeeded in the Supreme Court on all issues.
- Dwr Cymru Cyfyngedig v Barratt Homes Ltd  EWCA Civ 233: successful appeal against claims in nuisance, negligence and trespass to goods involving breach of statutory duty under Water Industries Act 1991.
- Wall v Mutuelle de Poitiers  RTR 18,  PIQR P9: decision on scope of Rome II arising out of accident in France.
- Swift v Secretary of State for Justice  PIQR P14 (CA);  PIQR P21 (HC): human rights challenge to the Fatal Accidents Act 1976 on behalf of a cohabitant unable to bring a claim for dependency because she had lived with the deceased for less than two years.
- Chandler v Cape plc  1 WLR 3111: asbestosis case in which Court of Appeal established that duty of care owed by parent company to employee of subsidiary.
- Thomas v Bridgend CBC  QB 512. Successful human rights challenge to Land Compensation Act.
- Saldanha v Fulton Inc. (2011) 2 Lloyds Rep 206: accident on board ship involving conflict of laws issues.
- C v Merthyr Tydfil CBC  PIQR P9. Duty of care to parent where her child had been abused by person other than the parent.
- O'Leary v Tunnelcraft Ltd  EWHC 3438. Covert video surveillance kept out of case.
- Knight v Axa Assurances  Lloyds Rep IR 667. Conflict of laws case arising out of road traffic accident abroad.
- Dobson and others v Thames Water Utilities Ltd  3 All ER 319 (CA) - Times 3 April 2009. HRA claim by 800 claimants arising out of nuisance.
- Harley and others v Smith and others  PIQR P11, (2009) 1 Lloyds Rep 359 (CA). Limitation under Saudi law and Foreign Limitation Periods Act in personal injury claim by commercial divers.
- Jones v Powys Local Health Board  All ER (D) 234. Restitutionary claim for repayment of care home fees, strike out application.
- R (Green) v South West Strategic Health Authority  All ER (D) 21 (Nov). Judicial review claim involving continuing healthcare NHS.
- Arnup v. M.W. White Limited  ICR 1064 (CA);  PIQR Q6 (HC). Fatal acciddent claim involving deduction of benefits under section 4.
- Flora v. Wakom (Heathrow) Ltd -  1 WLR 482,  4 All ER 982 (CA);  PIQR Q7 HC. Whether court can apply inflationary rate other than RPI to award of periodical payments.
- R (Kemp) v. Denbighshire LHB -  1 WLR 639,  3 All ER 141. Restitutionary claim arising out of NHS's failure to fund claimant in nursing home.
- Cameron v. Network Rail Infrastructure Ltd -  1 WLR 163. Claim to establish novel tort of wrongful death against Railtrack.
- Lawrence v. Pembrokeshire County Council -  1 WLR 2991 (CA);  PIQR P1,  Lloyd's Rep Med 383 (HC). Claim to establish parent owed duty of care by local authority in risk of child abuse cases in light of Human Rights Act.
- O'Connor v. Wiltshire County Council - The Times 28 May 2007 (CA);  18 EG 152. Lands Tribunal 6 Feb 2006. Human rights challenge to Land Compensation Act and statutory construction of provision of Highways Act 1980.
- W v. Doncaster MBC - The Times 13.5.04 - Court of Appeal. Human rights and mental health law.
- Bristow v. Sikorsky and others -  2 Lloyd's Rep 150. Conflict of laws in fatal claim arising out of helicopter crash.
- Braybrook v. Basildon & Thurrock University NHS Trust -  All ER (D) 320. Withdrawal of admission of liability case, subsequently approved in Sowerby v. Charlton (CA).
- Wilson v. Secretary of State for Trade and Industry -  1 AC 816. House of Lords case involving human rights, constitutional law, and contract law.
- Matthews v. Ministry of Defence -  1 AC 1163 - House of Lords case involving personal injury and human rights (whether servicemen between 1947 and 1987 could sue ministry of defence for injuries).
- Jones v. University of Warwick -  1 WLR 954 - Court of Appeal. Personal injury and human rights (admissibility of video evidence).
- Walters v. North Glamorgan NHS Trust -  Lloyds Rep Med 49 - Court of Appeal. Personal injury, breaking new ground in recovery of damages for pure psychiatric illness.
- Roerig v. Valiant Trawlers Ltd -  1 WLR 2304 - Court of Appeal. Leading case on conflict of law. Personal injury/fatal case.
- Salt v Consignia plc  CLY 420 - disclosure of instructions to expert, referred to in White Book commentary.
- Koonjul v Thameslink Healthcare Services NHS Trust  PIQR P123. Leading CA case on manual handling regulations.
Personal InjuryAdd to Portfolio
Numerous high value brain injury and para/tetraplegic claims for both claimants and defendants.
Settlements have included:
- £2,273,000 and £330,000 p.a. index-linked to ASHE 6115 and £55,000 p.a. index linked to RPI PPOs for life (after reduction of 30% for contributory negligence) for a young claimant who sustained tetraplegia and lower brainstem injury rendering her locked-in and fully competent
- £640,000 and a PPO of £60,000 p.a. rising to £100,000 p.a. in a clinical negligence case in which negligent surgery led to peritonitis and subsequent need for stoma and brain injury caused whilst in ICU
- £1.1m and £23,000 p.a. PPO for a young adult injured when a young child in a RTA
- £2.9m and £144k p.a. PPO for a young brain injured man who also sustained a below knee amputation
- £1.35m and £150k, rising to £165k p.a. PPO for an incomplete tetraplegic client
- £900k and £30k p.a., rising to £44k p.a. PPO for a brain injured client after reducing the claim by 20% for contributory negligence
- £2.25m and £60k p.a. rising to £85k then £100k p.a. for an incomplete tetraplegic client
- £1.75m for a client who sustained a below knee amputation
- lump sum and PPO (equiv. to over £8m) for tetraplegic client
- £3.025m for child brain injured client
- £1.8m for paraplegic client (after reduction for contrib)
- £1.8 for brain injured client (after reduction for contrib)
- lump sum and PPO for brain injured client (equiv. to over £3m)
- lump sum and PPO (equiv. to about £1.4m) for brain injured client
- £1.4m and £157,000 p.a. PPO for a tetraplegic client (after reduction for contrib.)
- £1.5m and £61,500 p.a. PPO for a cerebral palsy client
- £785,000 plus £31,712 p.a. PPO for a brain injured client
- £660,000 and £22,479 p.a., rising to £39,720 after 2 years p.a. PPO for a client who suffered severe gastrointestinal injury as a result of clinical negligence
- £656,000 and £66,444 p.a. PPO for a clinical negligence client who had jumped from first floor window of psychiatric unit and sustained a brain injury
- £800,000 and £110,000 p.a. rising to £135,000 after 4 years p.a. PPO for a client who had undergone a below knee amputation prior to the clinical negligence which rendered her paraplegic.
- £1.8m and £305,000 PPO p.a. for a tetraplegic client
- £2.75m for a brain injured client working in the City at the time of the acident
- £415,000 and £64,000 PPO p.a. in a clinical negligence claim where the client sustained cauda equina damage
- £1.43m and £200,000 p.a. PPO for a paraplegic client arising out of clinical negligence
- £2.52m and £75,000 p.a. PPO, rising to £120,000 p.a. PPO, for a brain injured child
- £2.5m for a child injured in a RTA
- £5.5m for the wife and daughter of a City solicitor in a FAA claim
- £1.5m and £100k p.a. PPO for a brain injured young adult
- £500k and £51k p.a. PPO in a clinical negligence claim in which C sustained severe injuries and loss of a limb following a failed suicide attempt
- £1.725m and PPO rising to £135k p.a. for life for brain injured child
- £765k and PPO rising to £53,750 p.a.after reduction by 50% to reflect liability division for a brain injured child
- Complex litigation involving accidents at sea, commercial divers, air accidents and conflict of laws issues
Fatal accident litigation including claim for several £million and claim by family of serviceman killed in Iraq
- Group action litigation including for E Coli and Cryptosporidium outbreaks in Wales
- Stress claims for claimants and defendants
- Abuse work
- Full range of occupational illnesses and employers' liability claims
Clinical NegligenceAdd to Portfolio
Many cerebral palsy claims for claimants arising out of peri-natal and neo-natal negligence.
Wide range of other claims including failure to diagnose meningitis, failure to diagnose causing paraplegia and tetraplegia and brain damage, failure to diagnose cancer, negligence by psychiatric units leading to brain damage and paraplegia, fatal claims.
Specialism in secondary victim claims.Close
Human RightsAdd to Portfolio
All aspects of human rights, principally but not exclusively in relation to personal injury/healthcare issues.
Several leading cases in area from Matthews (HL 2003 - asbestos claim against military) to Dobson (CA 2009 - nuisance).
Currently running HRA claims against MoD, police and local authorities and in respect of the Fatal Accidents Act.Close
Additional InformationAdd to Portfolio
Judicial review claims including relating to mental health and entitlement to continuing healthcare for elderly infirm.
Professional negligence and insurance claims, principally arising out of personal injury work.
Health and safety work.