Barrister Profile

Peter Edwards

Year of Call1992

Profile

Peter practises in the areas of Personal Injury, Employment and Industrial Relations/Trade Unions. 

He is in a position to take full advantage of the increasing overlap between the fields of personal injury and employment law (for example, the cross-examination of medical experts, production of detailed Schedules and the use of the statutory definition of “disability” in the Ogden Tables A to D) and is able to provide a comprehensive service to employees and employers bringing or defending claims in the Tribunal and in the County Court/High Court.

Peter also has extensive experience of appellate work, appearing on a frequent basis in the Employment Appeal Tribunal and the Court of Appeal.

Recommendations

" 'a rock solid choice' for any employment matter". Chambers UK 2011

“Clients have every confidence in the skills of Peter Edwards, who is ‘phenomenally proactive, focused and practical.’ He is particularly recommended for complex trade union issues.” Chambers and Partners UK 2009

"Exceptionally able. Edwards stands out to clients for his knack of explaining issues in a 'down-to-earth' way. He has a noted ability in disability cases." Chambers and Partners UK 2008

“Once again, many thanks for all your assistance throughout this matter and, in particular, the way that you represented [the Claimant] in Court. Your calm, measured and logical presentation of the evidence and handling of the witness was exceptional. As you systematically discredited [the Defendant’s Consultant Orthopaedic Surgeon] (which was fascinating and toe-curling to watch at the same time), my counterpart solicitor literally sat open-mouthed at you! … You achieved an award of damages of 3 times what was expected” Senior Partner of Pickering & Butters LLP following a personal injury trial in May 2009

Areas of Practice

Personal Injury

Regularly instructed by solicitors firms rated Band 1 and Band 2 in the “Personal Injury: Mainly Claimant” and “Personal Injury: Industrial Disease” categories in Chambers & Partners UK.

Covers all aspects of personal injury and health and safety work, predominantly for claimants, including claims involving fatal accidents, catastrophic personal injury (including brain damage and spinal injuries suffered by adults and children), severe orthopaedic and soft tissue injuries, scarring and psychiatric damage.

Expertise in occupational illness and disease litigation, including stress at work, dermatitis, asthma, asbestos exposure, vibration white finger and deafness.

Author of the occupational illness/disease sections (deafness and asbestos exposure) in the recently launched online reference work, Lexis PSL, Personal Injury Service which was the winner of the Online Product of the Year at the Legal Technology Awards.

Also has the expertise and experience to pursue claims in the Employment Tribunal (for example, Disability Discrimination claims) arising out of improper treatment of those suffering from disabilities in addition to the personal injury claim – see below.   

Has been undertaking personal injury cases pursuant to Conditional Fee Agreements since 1997.

Regularly conducts lectures/seminars on a diverse range of personal injury and health and safety topics for professional associations, solicitors and commercial training providers. 

Recent seminars include res ipsa loquitur, novus actus, case-law developments on limitation, contributory negligence, Part 36 Payments, Periodical Payments, Asbestos Exposure Cases, Ice and Snow Cases, Stress at Work Claims, Bullying and Harassment Claims and Maximising Schedules of Special Damages.

Regular contributor to the Journal of Personal Injury Law.

Significant recent cases include the following:

  • A multi-million pound claim against the MIB in respect of a Claimant rendered paraplegic following a road traffic accident. The MIB was disputing liability on the basis that the Claimant was aware that the driver was uninsured and intended to use the vehicle for a criminal purpose.
  • Scragg v. Denso Manufacturing Ltd – Successfully represented a Claimant who suffered a serious knee and back injury following an accident at work. The letter sent by the instructing solicitor following the trial is extracted above in the “Recommendations” section.
  • An Animals Act claim involving a Claimant who was charged by a bull sustaining a serious head injury.
  • A claim on behalf of an infant who sustained a serious spinal injury whilst using defective playground equipment (a death slide).
  • Healy v. Ministry of Defence - Successfully pursued a claim in respect of a serious lumbar spine injury sustained by a soldier whilst in service and resulting in him being invalided out of the Army.
  • Sunguard Homes Ltd v. Royal & Sun Alliance - Defended an asbestosis claim on behalf of Defendant company.  Successfully pursued a claim for an indemnity against the Royal & Sun Alliance despite the absence of a copy of the Employer's Liability Policy.
  • Fatal accident claim involving an employee struck by a train operated by South West Trains whilst working as sub-contractor to Carillion.
  • McCracken v. The Quad Biking Centre - Recovered damages in excess of £400,000 in respect of a catastrophic knee injury.  Resisted an argument based on novus actus.  Also resisted an argument that the recovery of damages in Employment Tribunal claim precluded any further recovery of loss of earnings/pension loss.
  • Fatal claim on behalf of Estate of motorcyclist killed in a head-on collision on a country lane.  Involved detailed cross-examination of accident reconstruction expert instructed on behalf of the Defendant.
  • Hines v. Governors of St. Edmunds School - Successfully pursued a bullying/stress at work claim on behalf of a school teacher recovering over £300,000.  Also successfully pursued Miss Hines' Tribunal claim for constructive unfair dismissal recovering the maximum award.  
  • Case involving a print worker whose hand was traumatically amputated. Recovered damages in excess of £800,000.
  • Sollitt v. DJ Broady Ltd & anr (CA)  [2000] LTL 23.01.00, principles for resiling from, and withdrawing admissions, of fact/liability. 

Employment/Discrimination

Expert on all aspects of employment law, including all types of discrimination, restrictive covenants, injunctions, wrongful dismissal, unfair dismissal, equal pay, TUPE, trade disputes, trade unions and commercial agents.

Appears frequently in Employment Tribunals, the Employment Appeal Tribunal, County Courts, the High Court and the Court of Appeal. 

Appointed in January 2011 as Member of the Panel of Counsel for the Commission of Equality & Human Rights.

Particular expertise in disability discrimination (using his knowledge in the Personal Injury field and his experience in cross-examining medical experts), whistle-blowing, age discrimination and Working Time Regulation cases. 

He successfully represented 21 Claimants in a 30-day case which resulted in the highest ever recorded award in a DDA case being made to one of the Claimants.

Successfully represented employees in the offshore sector in a 25 day case in the Aberdeen ET involving claims for paid leave pursuant to the Working Time Regulations, 1998. The employers appealed to the EAT (see reference below). The case is now proceeding to the Court of Session.

In 2009 he was instructed by Unite in the high profile High Court/Court of Appeal age discrimination case brought by Rolls Royce PLC seeking a declaration as to the lawfulness of a redundancy selection criterion based on length of service.

Involved in 5 high-profile Public Interest Disclosure Act cases in 2006 to 2008 for Claimants and Defendants, including representing a Claimant in a claim brought against a provincial police force which resulted in the then highest recorded award in a PIDA case. 

Lectured extensively and advised a number of high profile employers on issues relating to the recent Age Discrimination Regulations.  Spoke at the Age Discrimination and High Court Litigation Seminars hosted by Devereux Chambers.

Has a balanced Claimant/Respondent practice. 

Advises and represents some of the largest and highest profile employers in the country and is instructed by many of the major City and provincial solicitors.  He is also regularly instructed by and on behalf of public bodies including numerous local authorities, Royal Mail, Transport for London, the Greater London Authority and the Metropolitan Police Service.

Also frequently instructed by Trade Unions including Unite, the Communication Workers Union and the Association of Teachers and Lecturers.

Drafted the contracts of employment and equal opportunities policies for a number of large public and private sector companies.   Conducted equal opportunities training for many high profile employers, including the Law Society’s Compliance Officers.

Reported/Significant Cases include the following:

  • Rolls Royce plc v. Unite [2009] IRLR 576 (CA) - Use of the Part 8 procedure to obtain declarations on the lawfulness of contractual terms. Whether a redundancy selection criterion based on length of service was a “proportionate means of achieving a legitimate aim” for the purposes of the Employment Equality (Age) Regulations, 2006.
  • Craig & Others v. Transocean International Resources Ltd & Others [2009] IRLR 519 (EAT) – Entitlement of workers in the offshore sector to paid annual leave taken from periods when they would otherwise be working.
  • OCS Group plc v. Jones [2009] EAT 04.08.09 – Proper interpretation of “service provision change” in the TUPE Regulations, 2006.
  • Patel v. Walkers Snacks plc [2009] EAT 2.07.09 – Withdrawal of contractual entitlement to part-time working when reaching age 64. Whether discriminatory on grounds of age. Principles on which costs should be awarded by ET.
  • Agnew v. Cummins Ltd [2009] EAT 19.05.09 – Circumstances in which it is appropriate to use a Multiple Claim Form for commencing ET proceedings.
  • Rolls Royce plc v. Unite [2009] IRLR 49 (HC) – Legitimacy of redundancy selection criterion based on length of service. See entry for Court of Appeal above.
  • Autoclenz v. Belcher [2008] EAT 04.06.08 – Principles to be applied to “sham” clauses in employee/worker contracts. Also represented the employees in the Court of Appeal in June 2009. Judgment awaited.
  • Bost Logistics v. Gumbley [2008] EAT 20.05.08 – Time limits for lodging appeal to EAT.
  • Parker v. Northumbrian Water [2008] EAT 12.05.08 - Circumstances in which a Statement of Particulars of Employment constitutes a contract of employment. Estoppel by conduct/implication.
  • Hasan v. Commissioner of Police of the Metropolis [2007] All ER(D)48 (EAT) - Absolute immunity in cases involving the dispensation of the services of a probationary police officer pursuant to Regulation 13 of the Police Regulations 2003.
  • Beaumont v. Amicus [2007] ICR 341 (EAT)  - Alleged unjustifiable discipline of a union member by sending a letter before action in respect of trademark infringement.  Held that a letter before action can never amount to unjustifiable discipline.
  • Anderson v. Corus UK plc [2007] EAT 09.05.07 – Implication of contractual terms through custom and practice.
  • Sanderson v. Exel Management Services Ltd [2006] ICR 1337 (EAT) - Calculation of a week's pay for the purposes of the WTR; proper construction of section 224 of the ERA.
  • Watson v. National Union of Teachers [2006] (EAT) - Burden of proof and drawing of inferences in discrimination claims.
  • Bray & Others v. Lambeth Serviceteam (ET) [2006]  - Successfully represented 21 Claimants in unfair dismissal/DDA claims.  Recovered highest recorded award in a DDA case on behalf of one of the Claimants.
  • Yarham v. Suffolk Constabulary (ET) [2005] - Successfully pursued a claim pursuant to the Public Interest Disclosure Act on behalf of police officer who had alleged corruption on the part of fellow officers.  Recovered the then highest recorded award in a PIDA case.
  • Offshore Workers Litigation (ET) [2005] - Successfully represented the Claimants in the first of a series of high profile cases regarding the application of the Working Time Regulations to the offshore sector.
  • Manpower UK v. Vjestica (EAT) [2005] ­- Incorporation of Collective Agreements.  Construction of contractual terms relating to pay.
  • Grady v. MTL Commercials Limited (EAT 10.09.03) assessment of compensatory award in unfair dismissal case. Contractual construction of a Pay Protection Scheme.
  • Hines v. Governing Body of St. Edmund of Canterbury School (EAT 20.06.03) breach of implied duty of trust and confidence.
  • Hines v. Governing Body of St. Edmund of Canterbury School (EAT 02.05.03) tribunal bias.
  • Tunde Apelogun-Gabriels v. London Borough of Lambeth (CA)  [2002] IRLR 116 [2002] ICR 713, race discrimination. Application of time limits for bringing a claim. Awaiting outcome of internal grievance hearing. Application of principles of res judicata and issue estoppel in Employment Tribunals.
  • Albion Automotive Ltd v. Graham Walker & 20 Others (CA, 2002) LTL 21/6/2002, successfully represented 21 Claimants in the Employment Tribunal, Employment Appeal Tribunal, Court of Appeal and House of Lords (resisting the respondents' application for permission to appeal) in a case involving rights to enhanced redundancy and pension payments derived from custom and practice.
  • Surrey Heath Borough Council v. Crooks (EAT 25.01.00) employer's failure to protect identity of female employee in proceedings alleging sexual harassment.
  • Dench v. Flynn & Partners [1998] IRLR 653 (CA) - Whether employment obtained after dismissal broke the chain of causation for the purposes of assessment of compensation.

Industrial Relations/Trade Unions

“[Peter] is particularly recommended for complex trade union issues” Chambers & Partners UK, 2009

Advises and represents both large employers (including Coca Cola, Royal Mail and London Underground) and Trade Unions (including Unite) on all aspects of industrial relations law and practice. Conducted and defended a number of multi-party actions up to EAT/Court of Appeal level on industrial relations issues.

Advised Unite on its internal Industrial Action Ballot Guidelines following the decision of the Court of Appeal in Metrobus UK.

Frequently involved in injunction applications based on industrial relations issues, including unofficial industrial action and balloting requirements.

Provides seminars, lectures and training to employers/unions on industrial relations issues. In 2009 gave a televised seminar to a commercial training organisation on collective redundancy consultation.

Reported/Significant cases include:

  • Flening-Cooney v. Unite [2009] CO – Appeared on behalf of Unite at a hearing before the Certification Officer where the Claimant was seeking to challenge the legitimacy of the election result for the post of Joint General Secretary.
  • Fitzpatrick v. Sayers Confectioners (in Administration) [2009] EAT 28.01.09 – Correct procedure to be adopted when commencing a claim for a protective award against a company in administration when the consent of the liquidator has not yet been given.
  • Amicus v. MacMillan Publishers Ltd [2007] IRLR 885, EAT – First case before the EAT in which a fine was imposed for a failure to comply with the collective consultation requirements of the Information and Consultation of Employees Regulations, 2004.
  • Beaumont v. Amicus [2007] ICR 341, EAT - Alleged unjustifiable discipline of a trade union member by sending a letter before action in respect of trademark infringement.  Held that a letter before action can never amount to unjustifiable discipline.
  • Amicus v. GBS Tooling Ltd [2005] IRLR 683 - Relevance of the futility of consultation to the proper assessment of the period for a protective award.
  • Amicus v. Metrocab (EAT) [2005] - Extent of obligations to inform/consult pursuant to section 188 of the TULR(C)A.
  • TGWU v. Morgan Platts Ltd (In Administration) (EAT 10.03.03) correct assessment of the length of the protective award payable pursuant to section 189 of the Trade Union and Labour Relations (Consolidation) Act, 1992. Whether the award was compensatory or penal.
  • National Union of Rail, Maritime and Transport Workers v. London Underground Ltd [2001] IRLR 228 [2001] ICR 647, injunction and associated claims in industrial dispute. Correct interpretation of section 234A of the Trade Union and Labour Relations (Consolidation) Act, 1992.

Other Notable Matters

From 1993 to 1996 Peter was Junior Counsel to Sir Richard Scott's Inquiry into the Export of Defence Equipment and Dual-Use Goods to Iraq.

Member of the Prosecution Panel for the Bar Council's Professional Conduct and Complaints Committee.

Member of the ELAAS Panel offering free representation to Appellants to the EAT at the preliminary hearing stage.

Seminars & Lectures

Recently given seminars/lectures on:

  • Handling collective redundancies.
  • Case-law developments on limitation periods in personal injury claims.
  • Res ipsa.
  • Age discrimination – The new era.
  • Contributory Negligence.
  • Remedies for discrimination.
  • The art of dismissing fairly.
  • Settlement under the Civil Procedure Rules.
  • Health and safety - law and practice.
  • Creation/termination of contracts of employment.
  • Disability discrimination - reasonable adjustments.

Professional Memberships

ELBA, ELA, PIBA, APIL.

Education

Inns of Court School of Law - Bar Vocational Course (Graded Very Competent)

University of Kent - B.A. (Hons.) in Law

City of Stoke-on-Trent Sixth Form College

Ball Green High School

Cases

See under “Areas of Practice" above.

Publications

Industrial Deafness and Asbestos Exposure sections in the on-line Lexis PSL, Personal Injury Service

Tottel Discrimination Law (Sexual Orientation Discrimination and Religion/Belief Discrimination)

Jordans Employment Law (Whistleblowing – Public Interest Disclosure)

Lawyer’s Remembrancer (Employment Law)

Jordans Employment Law Precedents