Tom Vonberg
Year of Call 2004
Tom Vonberg has a wide ranging practice spanning claims for serious personal injuries and clinical negligence, professional’s liability and business disputes in which there are issues over insurance or where there are allegations of fraud or dishonesty.
Tom has a significant amount of trial advocacy experience as a junior alone up to the High Court. He has been involved in some high value disputes across his practice areas and he is a led junior in a number of ongoing cases.
Before joining Chambers Tom worked as an employed barrister in commercial dispute resolution at the offshore law firm Walkers Global. Out of court, Tom still plays rugby sevens and follows most sports. He lives in London and North Yorkshire.
Tom is a member of PIBA, PNBA, YFLA and COMBAR.
Current and recent work:
Advocacy and settlements
- Liability settlement on behalf of the survivors and estates of the deceased against a UK specialist tour operator, following a coach crash in South Africa, with Bruce Silvester.
- Settlement of high value Occupiers’ Liability Claim which was due for trial on all issues in June 2013, with Robert Weir QC.
- Defending brain injury claim involving surveillance evidence which was compromised on the first day of trial, with Andrew Hogarth QC.
Advisory and drafting
- Drafting papers to the Financial Ombudsman challenging an insurers refusal of indemnity under a household insurance policy for a £million accident on the premises.
- Drafting Part 20 Claim for an indemnity under an EL policy.
- Drafting Defence to alleged mis-selling of a Protected Asset TEP Fund.
- Advising on aggregation of excesses in an IFA policy, with Colin Wynter QC.
- Drafting Claim against Solicitor for negligently advising his client as to planning restrictions during the purchase of a barn conversion from a property developer.
For more details of Tom’s experience please see his list of cases below or speak to Will Jackman who is his practice manager in Chambers.
Personal Injury
Add to PortfolioZaczkowski v (1) Mehmood (2) Gardner (2012) High Court, with Andrew Hogarth QC. For defendant in a catastrophic brain injury claim. Drafted pleadings following admission by the insurer and negotiated a deduction for contributory negligence. Case settled on the first day of trial for £1m gross.
Black v Durowoju (2012), High Court, with Peter Edwards: drafted Schedule of Loss in spinal injury claim which settled at JSM for £1.9m three weeks prior to trial.
Whelband v (1) Marvell (2) Blue Anchor Leisure Ltd (3) East Midlands Ambulance NHS Trust (4) and United Lincolnshire Hospitals NHS (2011), High Court, with Robert Weir QC: defence of doorman following a fight and catastrophic brain injury. Dispute on causation of injury between the fight and the clinical negligence claims.
Mr A v A Hotel (2013), High Court, with Robert Weir QC: brain injury and Occupiers’ Liability. Settled at JSM. Liability and quantum were to be tried together in June 2013.
A Child v (1) Kasparavici (2) Aviva Insurance Limited (3) Esure Services Limited (2012), High Court: for child in claim under Fatal Accidents Act 1976 following the fatality of his father who was run down by joy riders.
Soldier H v MOD (2013): Gunshot wound caused negligently by own side during live fire exercise. Whether hearing loss was a novus actus interveniens for the purpose of the quantum of the military pension loss.
Alcock v Ensco Offshore UK Limited (2012): Accident on an Offshore Installation in Polish waters.
Putland v (1) Doukas (2) Prima Tek Limited (2012), before HHJ Yelton: Three day trial in which the claim was for crush injuries sustained in a forklift accident and the counterclaim for breach of a tenancy agreement. The claim was won and the counterclaim defeated.
Brown v A Campion (2011): Loss of a chance of fight purse for professional Muay Thai boxer.
Jennifer Liddell v (1) Featherstone (2) Privilege Motor Insurance (2011): for Police Officer in her claim as a rescuer of fleeing criminals injured by their own negligence. Wagner v International Railway 232 N.Y. 176 (1926) successfully relied on.
Hayes v Espro Ltd T/A ES Promotions (2012), High Court: Defence to injury claim drafted on the basis that the claimant was not at work during a team building exercise.
Miss S v Mickley Stud Ltd (2012): for employee who was seriously injured whilst training racehorse at successful stud. Animals Act 1971.
A Student v London Restaurant (2012); pre-inquest advice to family following the death of their daughter from a peanut allergy.
Murthay v Nicholls (2012), Recorder Malek QC: For the defendant in a two day trial following motorway pile up and where the counterclaim was run on the basis of Res Ipsa Loquitur. Defeated the claim and won the counterclaim.
(1) Pomrey (2) Davies v (1) Marks & Spencer PLC (2) Thyssenkrupp Elevator UK Limited (2012), with Robert Weir QC, instructed by Slater & Gordon (UK) LLP: lift accident at work causing serious injuries. Instructed to act for both the claimant and the secondary victim under the rule in Alcock & Ors v Chief Constable of South Yorkshire Police [1991] 4 All ER 907.
Hennessy v Greenwaste Recycling Ltd (2011), with Robert Weir QC, instructed by Hugh James LLP: Amputation at work by the rotating arm of a waste silo. Employer a company in administration.
CloseProfessional Negligence
Add to PortfolioRat Race (Events) Limited v Towergate Underwriting Group Limited (2012): Broker’s negligence. Defeated application for interim payment on account of costs pursuant to CPR 47.15 and obtained wasted costs against the Claimant.
Investors in the Protected Asset TEP Number 2 Fund (2013): Defending IFA’s against investors following regrading of investment fund from low to high volatility.
Purchaser v Conveyancing Solicitor (2013): Solicitor’s negligence in the conveyance of an incomplete barn conversion where the vendor was a limited company.
Buy to Let v Various Solicitors (2010): For multiple claimants suing their solicitors for mortgage fraud by way of gifted deposits. Lenders claims previously settled on confidential terms in the High Court.
Alhamrani v Alhamrani (2006), Royal Court of Jersey: Whilst an employed barrister at Walkers Global, acted for family members in the longest running trust litigation ever seen on the island.
A Child v Worcester County Council (2011), with Robert Weir QC: claim against local authority for failure to remove child into care.
Southern Rock Insurance Company Ltd v Endsleigh Insurance Services Limited (2011): Claims handler negligence. Instructed by the claimant to consider the historic injury settlements concluded by the claims handler.
Sale and Rent Back Investor v Watson Brown Solicitors (2013): Scope of Solicitor’s duty to advise in the absence of a written retainer.
CloseClinical Negligence
Add to PortfolioKaur v (1) Surgicare Limited (2) Mr Kumar (3) NMI Healthcare Limited (2012): Defending clinic in claim for negligent gastric band surgery. Successfully obtained full indemnity from D2 and D3.
Mrs F v (1) Epsom Ewell & St Hellier NHS Trust (2012) High Court: for the claimant personal trainer following crippling injuries sustained during surgery to close a fasciotomy. Instructed alongside the country’s leading Surgeon, and advisor to UK Athletics, in this field.
Mrs F v Dr Patel (2012): For claimant following loss of vision during root canal dental treatment during which there was a leak of hypochlorite solution.
Mr R v Dr K (2012): Use of controversial Green Light Laser treatment in NHS practice to treat enlarged prostates.
Mr D v Newcastle Upon Tyne NHS Foundation Trust (2010): Failure to treat a pro golfer suffering from an eye injury sustained during an acid attack at a nightclub.
Deardon v Dr D (2011): For claimant widow following the premature death of her husband due to a misdiagnosis. Claim settled at the JSM.
Mrs J v Cambridge University Hospitals NHS Foundation Trust (2012), High Court: Obstetric and colorectal injury leading to a total cessation of work as a close protection officer. Breach of duty not supported until Claimant experts were provided further imaging results. Defendant admitted liability following the letter of claim.
CloseAccidents Abroad & International Travel
Add to PortfolioA Student and 16 Others v A Specialist Tour Operator (2013): Serious injuries and fatalities sustained by students on Safari trip to South Africa. Package Travel, Package Holidays and Package Tours Regulations 1992. Settled liability against the tour operator together with detailed terms of compromise agreement.
Mrs A v TUI UK Limited (2012): Claim by widow following death of husband from Salmonella Poisoning whilst staying in the Italian Lakes. Defence on the basis that British Coal Staff Superannuation Scheme pension was a benefit which should not be disregarded for the purpose of Section 4 of the Fatal Accidents Act 1976.
Alcock v Ensco Offshore UK Limited (2012): Accident on an Offshore Installation in Polish waters.
CloseInsurance & Reinsurance
Add to PortfolioMrs PB v Canopius Underwriting Limited (2012), Financial Ombudsman Service: Household Insurance. Instructed to advise and draft appeal documents to the FOS following the insurer’s refusal to indemnify client, in underlying claim for in excess of £1m, for reasons of non-disclosure. Meaning of “occupied” in issue.
Grosvenor v Southern Rock (2012), with Robert Weir QC: CPR 31.16 pre-action disclosure application in catastrophic injury case. Disclosure of documents by insurer relied upon in declaratory proceedings entitling them to avoid a policy of motor insurance pursuant to Section 152(2) of the Road Traffic Act 1988.
A Computer Company Ltd v Carraig Insurance Company Limited (2013): Part 20 Claim for indemnity under a policy of insurance.
A Broker v A Professional Indemnity Insurer (2013), High Court, with Colin Wynter QC: aggregation of claims following the mis-selling of Keydata financial products.
Buncefield Claims, High Court, instructed by Parabis Law LLP: instructed by the insurer in a number of insured loss and rehousing claims following the well documents fire at a Hertfordshire Oil Storage Terminal.
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