Year of Call 2004
Tom has significant advocacy experience both as a junior alone and when he has been led in high value litigation.
He has an established practice in serious injury, insurance law, and all forms of professional liability especially in the clinical, legal and financial sectors.
Examples of Tom’s representative cases are listed below.
Tom was previously an employed barrister in commercial disputes at a large U.S. law firm. He now lives in London and North Yorkshire and he acts for clients throughout the country.
Personal InjuryAdd to Portfolio
Zaczkowski 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  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.Close
Clinical NegligenceAdd to Portfolio
Kaur 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.Close
Professional NegligenceAdd to Portfolio
Rat 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, 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.Close
Insurance & ReinsuranceAdd to Portfolio
Mrs 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.Close