Barrister Profile

Colin Mendoza

Year of Call1983

Profile

All aspects of Personal Injury work for claimants and defendants; Clinical Negligence; Health & Safety. Extensive experience of Alternative Dispute Resolution, including mediations before mediators and round-table meetings at which the parties meet without the services of a trained mediator.

Colin was appointed in 2008 as a Tribunal Judge Criminal Injuries Compensation Appeal Tribunal.

Recommendations

Colin Mendoza is a "stunnning lawyer" who is both "technically and commercially astute" and who has "an uncanny ability to interact with judiciary witnesses and experts to get to the nub of complex cases" Chambers UK 2012

Colin Mendoza is a barrister who is "totally committed to his clients" Chambers UK 2011

Colin Mendoza is “a good Junior to go up against a Silk” Chambers UK 2010

Colin Mendoza has extensive experience in insurance defence and in dealing with fraudulent claims. “Good with clients”, he gains approval for being “approachable, friendly and robust in court.” Chambers UK 2009

Colin Mendoza is known for his “diligent approach and extensive medical knowledge” Legal 500 2008

Areas of Practice

Personal Injury

All aspects of personal injury work for claimants and defendants, including claims involving fatal accidents, catastrophic personal injury including brain damage suffered by adults and children, severe orthopaedic and soft tissue injury, scarring and psychiatric damage. Experience of disaster litigation such as that arising out of rail crashes, industrial and transport accidents.

Cases include:

  • Salter v Anscombe (2010) (acted for dependents in substantial fatal accident claim arising out of the deaths of a senior partner in a solicitor’s firm and his daughter who bred and trained horses for show jumping at the highest level)
  • Webster v Ridgeway School (2010) (action against school following assault on pupil by third parties) 
  • Footman v Royal Mail (2010) (duty owed by Royal Mail to protect against armed robbery) 
  • Toxic Sofa Group Action (2010) (thought to be the largest group action litigation about a consumer product, where 4,500 claimants claimed more than £10m from 14 high street stores, including Land of Leather) 
  • McNeil v MoD (2009) (serious head injury suffered when serving in Iraq) 
  • Callier v Deacon (2009) (amputation award following trial on liability in High Court) 
  • Gilding v Williams (2009) (substantial claim following serious injury to dentist) 
  • Blount v Amalgamated Lifts (2009) (lift accident) 
  • Baroness Corston QC v House of Commons (2009) (accident in House of Commons)
  • Ahanonu v South East London and Kent Bus Company Limited (2008) (Court of Appeal case on duty of care owed by bus driver) 
  • Port of Tilbury (2007) (represented Port of Tilbury in plea in mitigation hearing at Crown Court following death of six year old boy at the premises crushed by falling reel of paper. Fine of £100,000 imposed) 
  • Ashton v MoD (2006) (junior in claim against MoD where Claimant suffered severe brain damage and severe spinal injury. Damages claimed in excess of £5m) 
  • P (a child) (2005) Kemp (£2m award for girl who suffered severe brain damage after non-accidental injury whilst a baby)
  • Perkins v Market Rasen Racecourse (2005) C.L. (substantial damages for shoulder injury) 
  • Addison v Mencap (2005) (acted successfully for Defendant in £300,000 employer’s liability claim where Claimant was only awarded £1,500 after a week long trial) 
  • Hassan Salih v Cannon Plant and Crane Hire (2005) (successful claim for roofer who fell to ground level, suffering catastrophic injures including blindness. Successfully resisted appeal to Court of Appeal) 
  • Miles v Esso Petroleum (2005) (test case concerning a number of refinery workers who alleged they suffered a repetitive strain injury after being exposed to excessive value turning work - complex liability and medical causation issues) 
  • R v Atkinson and Others (2004) (acted for defence in prosecution of second mate of a fishing trawler that collided with a North Sea oil platform, causing extensive damage to trawler and platform and potentially extensive loss of life) 
  • Gladwin v TDG (UK) Limited and Ian Read Transport (2005) (below-knee amputation arising out of a forklift truck accident) 
  • Daglish v Ministry of Defence (2004) (week long successful High Court trial involving complex issues of medical causation following head injury leading to schizophrenia and permanent disability. Successfully established Claimant had sustained an organic personality disorder after minor head injury) 
  • Rawji v GTRM Limited [2004] (railway worker who suffered arm amputation and very serious leg injuries after being struck by a train) 
  • Hewston and Others v Hoverland Travel Centre Limited [2004] (instructed for defendant in claim in respect of alleged severe gastrointestinal symptoms arising out of holiday to Spain) 
  • Keel v Parcelforce Worldwide (2003) (Court of Appeal case on application of the Provision and Use of Work Equipment Regulations 1992) 
  • Taylor v Beckett and UK Insurance Limited [2003] (catastrophic injuries resulting in award of £4.2m)
  • Nixon v Chanceoption Developments Limited [2002] (successful appeal in fall from scaffolding case to Court of Appeal)
  • Evans v Stracey [2001] (brain damage to child with damages awarded of £1m)
  • Gubbins v Bailie [2001] CL (severe whiplash with damages awarded in excess of £200,000)
  • Matthews v MoD [1998] (a successful claim by a soldier who was forced to make a parachute jump on a day when he contested it was too windy to jump in safety; he suffered a severe shoulder injury and was awarded £150,000 damages)
  • Walker v Patrick [1996] Telegraph 25/10/96 (crippling foot injury after plaintiff allegedly thrown into swimming pool by party host)
  • Re B [1996] Kemp C4-234; Halsbury’s monthly review, (psychological damage after prolonged sexual abuse by foster father)
  • Inker v Ministry of Defence [1995] The Times, 25 January, (claim by soldier rendered paraplegic)
  • Osbourne v Madgwick [1994] Kemp I2-417
  • Re Taylor [1993] CL (application out of time to Criminal Injuries Compensation Board; serious head injury suffered in 1990 Poll Tax riots)
  • Newing v East Sussex County Council [1991] Kemp H3 (serious injury to minor in school playing ground)

Clinical (including Dental and Veterinary) Negligence

Acts for both claimants and defendants. Past and current work includes claims involving negligent spinal surgery leading to tetraplegia, the failure to diagnose and treat serious illnesses such as meningitis, the failure to perform surgery correctly and complex Group Litigation against the Ministry of Defence on behalf of former soldiers for the alleged failure to diagnose and treat Post Traumatic Stress Disorder following active service in theatres of war including the Falklands, the Gulf and Bosnia.

Cases include:

  • Gormley v East Cheshire NHS Trust (2010) (successful claim by 81 year old man for substantial damages following negligent medical and nursing care. Settled by way of periodical payments with capitalised value of some £450,000)
  • McCready v Mayday Healthcare NHS Trust (2009) (successful claim against hospital following emergency delivery of child by Caesarean section that led to serious complications for mother) 
  • Ruparel v Medway NHS Trust (2007) (successful claim against hospital for negligent treatment of vascular illness, leading to amputation of leg) 
  • Beighton-Garner v Sandwell Healthcare NHS Trust [2002] (cerebral palsy with damages awarded of £2.7m)  
  • Shah v Pinderfields Hospital NHS Trust [2001] (medical negligence involving spinal surgery)
  • Mullett v East London and City Health Authority - [1997] (negligent administration of Lederspan Steroid in accident and emergency department); CL 97/197
  • Crane v Kynoch - [1994] (duty of care owed by veterinary surgeon, surgical trespass); CL 94/3399

Additional Information

Sometime instructor and examiner at the Inns of Court School of Law, and contributor to the Schools Manuals on the skills of opinion writing and drafting skeleton arguments.

Professional Membership

Personal Injury Bar Association; Professional Negligence Bar Association; Association of Personal Injury Lawyers; The British Academy of Forensic Sciences.

Education

Haberdashers’ Aske’s School, Elstree: University of Kent (1982 BA Law); Cambridge University (1984 LLM)

Languages

French, Spanish

Leisure

Jazz, rugby, water-skiing