Barrister Profile

Profile

Bruce Silvester is an accomplished personal injury, health and safety, and clinical negligence litigation practitioner who is also highly regarded for his practice in travel litigation. He regularly appears for claimants and also defendants in the High Court as well as providing advisory and mediation services.  He has particular expertise in the field of catastrophic injuries including brain, spine, multiple injuries and also group litigation.

Recommendations

Bruce Silvester is recommended as a leading junior for Personal Injury and Travel in Chambers UK:

Prominent junior Bruce Silvester "works like a Trojan and has great forensic skills." He handles catastrophic brain injury, spinal injury and multiple injury cases”
- Personal Injury, Chambers UK (2011)

Bruce Silvester of Devereux Chambers specializes in international personal injury work and has been involved with a number of multiparty actions. He successfully acted for the claimants in Barltrop and 22 others v TUI UK Ltd, a case concerning a serious coach crash in Bulgaria involving 40 passengers travelling to a ski resort.
- Travel, Chambers UK (2011)

...the "brilliant and sensible" Bruce Silvester, is "an expert on brain and spinal injury cases. Silvester's recent highlights have included acting on Nicholson v Willis, a catastrophic injury case that raised issues of periodical payments and the relevance of state provision in Scotland".
- Personal Injury, Chambers UK (2010)

"... is viewed as "highly effective, forthright and aggressive." Examples of his work include acting for a group of claimants in a case stemming from widespread illness in a hotel following a flooding. He also handled another group action relating to an outbreak of cryptosporidium infections"

 Bruce Silvester has "great charm and presence in court". He is "like a dog with a bone when pursuing relevant arguments and issues within a case" He advises both claimants and defendants on clinical negligence and health and safety matters, as well as handling group litigation and catastrophic injury work"
- Personal Injury, Chambers UK  (2009)

"Bruce Silvester can take a difficult point and make it look easy" 
- Personal Injury, Chambers UK (2008)

Bruce Silvester has also been handling some high-profile cases involving substantial damages. He will put his neck on the block and fight difficult points"
-Legal 500

Areas of Practice

Personal Injuries and Clinical Negligence

Ranked in Chambers UK as a prominent junior, Bruce undertakes all aspects of personal injury, health and safety and clinical negligence work and regularly appears for both claimant and defendant in the High Court. He is instructed as lone and led junior in matters concerning catastrophic injuries, brain and spine, and in multi-party cases.

Cases include:

• Mark Lynch v. CEVA Logistics Limited and another [2011] EWCA Civ 188 – successfully opposed Defendant’s appeal against finding of liability to Claimant (a non-employee) under reg.4 and 17 of the Workplace Regulations and at common law
• Mark Barnes v. Scout Association [2011] EWCA Civ 1476 – CA upholds judge’s finding of liability in negligence following an injury sustained during the course of a dangerous game played in the dark in the Scout Hall.  CA found that the judge properly took into account the ‘social value of the activity’.

• Bradley Perkins  v Chelsea & Westminster Healthcare Trust [2010] Yan Xu v. Urban Circus & European Entertainment Corporation Ltd - [2009] catastrophic injuries to circus High Wire artiste resulting in paraplegia. Led by Stephen Killalea QC
• Robert Adams v. Kier Construction - [2009] a construction site accident
• Paul Sutton v. Bennett & RFU- [2009] multi-million pound paraplegia claim arising from a rugby injury. Liability and quantum were both in dispute.  Led by Robert Glancy QC.
•  Maidment v. Allison Martin - [2010] serious back injury claim arising from a road traffic accident.
• Nicholson v. Willis [2008] QBD Butterfield J – Hypoxic brain damage – settlement of £4.7m approved.
• Allport v. Wilbrham [2004] EWCA Civ 1668 – catastrophic injuries to rugby player – CA uphold trial judge’s decision.
• Wooldridge v. Hayes - [2003] QBD, serious head injury resulting in 'locked in syndrome' - £601,480 awarded
• Strickland v. Hertfordshire County Council [2003] EWHC 287 (QBD Eady J) – summary judgment refused on the basis that the tort of malicious prosecution could not be extended to civil proceedings.
• Kershaw v. Federal Express - [2001] QBD, back injury - £266,079 awarded after trial

• Dashiell v. Luttit - [2000] CL 248: severe head injury - £5m damages

• Rushton v. Jervis - [2000] CL 147: serious head injury - £900,000 damages
• Scott Clift v. Hawes & Others (1999; CA; Gibson, Sedley and Stoughton LJJ) – A multiple accident on dual carriageway - a tortfeasor is not entitled to assume that other road users will exercise a proper degree of care.  If their conduct was within the band of foreseeability, the tortfeasor will be liable for the consequences.
• Osborne v. Magwick - [1994] CL 1678: general damages; cost of future operation and Smith v. Manchester

• Everard v. Unigate Dairies - [1990] CL 1670: liability, general damages and Smith v. Manchester  

Travel

Bruce Silvester is a well-known international personal injury specialist who has been ranked in Chambers UK for a number of years. He appears on behalf of claimants in both single and multi-party matters, providing the full range of advocacy, advisory and mediation expertise in this complex area of law.

Cases include:

• Barltrop & 22 others v. TUI UK LTD [2009]:  Coach crash in Bulgaria resulting in multiple injuries for 40 holiday makers.  Succeeded at trial on liability. 
• Besford & 148 Others v. Thompson (TUI) [2009]: Substantial claim arising out of widespread illness in hotel in Bulgaria after flooding. 
• My Travel v. David Bulmer & 98 Others [2009]:    A multi-party action arising out of a massive outbreak of food poisoning at a Hotel in the Dominican Republic. 
• Gunstone & 119 others v. First Choice [2009]: Large Group Action resulting from Cryptosporidium infections.  Achieved a settlement of £2.5m.
• Grimshaw & 419 Others v. First Choice Holidays [2009]: Substantial group action arising out of a large outbreak of food poisoning in a hotel in the Dominican Republic

Seminars & Lectures

Lectures extensively in the field of Personal Injury litigation at professionally organised conferences: Euroform, Butterworths and Lloyds of London and Legal Network Television, as well as providing seminars as part of the in-house training programs of a number of firms of solicitors

Professional Membership

PIBA, PNBA,  APIL

Education

University of London, Queen Mary College London LLB (1982)

Inner Temple Cecil Yahuda Scholarship; Inner Temple Law Grant (1983)

Additional Information

Interests: Antique books, contemporary design, cycling, skiing