Barrister Profile

Profile

Rob specialises in all aspects of Personal Injury and Clinical Negligence and the impact of the Human Rights Act on those areas. He acts for a wide range of clients, both claimants and defendants.

He is an editor of Kemp & Kemp (chapters on conflict of laws, accommodation claims, mentally incapable claimants and PPOs) and writes a chapter on the liability of public authorities for Butterworths Personal Injury Litigation Service.  He also speaks regularly at seminars and conferences and writes for Solicitors Journal and Journal of Personal Injury Law.

Rob was appointed Queen's Counsel in 2010.

Recommendations

Robert Weir QC has an "excellent legal brain" and takes "a very proactive approach" to his work. 
- Personal Injury, Chambers & Partners (2012)

Robert Weir QC is a "real star at Devereux."  He is "incredibly intelligent, gets through the issues quickly and is a fantastic advocate."  His "authorative yet conversational" manner in court was picked out for special praise.
- Clinical Negligence, Chambers & Partners (2012)

Robert Weir QC is "enormously talented" and "intellectually outstanding"
- Clinical Negligence, Legal 500 (2011)

Robert Weir QC is "extremely sharp", "a real lateral thinker" and "unwavering in cross-examination".
-  Clinical Negligence and Healthcare, Legal 500 (2010)

“New silk Robert Weir QC is a good negotiator who is ‘incredibly bright and extremely good on difficult points of law’.   Clients appreciate the fact that he is ‘very clever and gets to the point.’”  
-  Clinical Negligence, Chambers & Partners (2011)

“Robert  Weir QC is a specialist in catastrophic injury cases, whose elevation to silk this year was warmly greeted.”  
-  Personal Injury, Chambers & Partners (2011)

As a junior, Rob was winner of 2007 Chambers & Partners, Personal Injury Junior of the Year Award.

Significant Cases

• Smith and others v Ministry of Defence [2011] HRLR 35: combat immunity and article 2 claims arising out of soldiers killed in Snatch Land Rovers in Iraq.
• Saldanha v Fulton Inc. (2011) 2 Lloyds Rep 206: accident on board ship involving conflict of laws issues.
• Chandler v Cape plc [2011] All ER (D) 157: asbestosis case in which court held duty of care owed by parent company to employee of subsidiary.
• Thomas v Bridgend CBC [2012] HLR 1. Human rights challenge to Land Compensation Act. 
• C v Merthyr Tydfil CBC [2010] PIQR P9.   Duty of care to parent where her child had been abused by person other than the parent.
• O'Leary v Tunnelcraft Ltd [2009] EWHC 3438.   Covert video surveillance kept out of case.
• Knight v Axa Assurances [2009] Lloyds Rep IR 667. Conflict of laws case arising out of road traffic accident abroad.
• Dobson and others v Thames Water Utilities Ltd [2009] 3 All ER 319 (CA) - Times 3 April 2009. HRA claim by 800 claimants arising out of nuisance.
• Harley and others v Smith and others [2009] PIQR P11, (2009) 1 Lloyds Rep 359. Limitation under Saudi law and Foreign Limitation Periods Act in personal injury claim by commercial divers.
• Jones v Powys Local Health Board [2008] All ER (D) 234. Restitutionary claim for repayment of care home fees, strike out application.
• R (Green) v South West Strategic Health Authority [2008] All ER (D) 21 (Nov).  Judicial review claim involving continuing healthcare NHS.
• Arnup v. M.W. White Limited [2008] ICR 1064 (CA); [2007] PIQR Q6 (HC). Fatal acciddent claim involving deduction of benefits under section 4.
• Flora v. Wakom (Heathrow) Ltd - [2007] 1 WLR 482, [2006] 4 All ER 982 (CA); [2006] PIQR Q7 HC. Whether court can apply inflationary rate other than RPI to award of periodical payments.
• R (Kemp) v. Denbighshire LHB - [2007] 1 WLR 639, [2006] 3 All ER 141. Restitutionary claim arising out of NHS's failure to fund claimant in nursing home.
• Cameron v. Network Rail Infrastructure Ltd - [2007] 1 WLR 163. Claim to establish novel tort of wrongful death against Railtrack.
• Lawrence v. Pembrokeshire County Council - [2007] 1 WLR 2991 (CA); [2007] PIQR P1, [2006] Lloyd's Rep Med 383 (HC). Claim to establish parent owed duty of care by local authority in risk of child abuse cases in light of Human Rights Act.
• O'Connor v. Wiltshire County Council - The Times 28 May 2007 (CA); [2006] 18 EG 152. Lands Tribunal 6 Feb 2006. Human rights challenge to Land Compensation Act and statutory construction of provision of Highways Act 1980.
• W v. Doncaster MBC - The Times 13.5.04 - Court of Appeal. Human rights and mental health law.
• Bristow v. Sikorsky and others - [2004] 2 Lloyd's Rep 150. Conflict of laws in fatal claim arising out of helicopter crash.
• Braybrook v. Basildon & Thurrock University NHS Trust - [2005] All ER (D) 320. Withdrawal of admission of liability case, subsequently approved in Sowerby v. Charlton (CA).
• Wilson v. Secretary of State for Trade and Industry - [2004] 1 AC 816. House of Lords case involving human rights, constitutional law, and contract law.
• Matthews v. Ministry of Defence - [2003] 1 AC 1163 - House of Lords case involving personal injury and human rights (whether servicemen between 1947 and 1987 could sue ministry of defence for injuries).
• Jones v. University of Warwick - [2003] 1 WLR 954 - Court of Appeal. Personal injury and human rights (admissibility of video evidence).
• Walters v. North Glamorgan NHS Trust - [2003] Lloyds Rep Med 49 - Court of Appeal. Personal injury, breaking new ground in recovery of damages for pure psychiatric illness.
• Roerig v. Valiant Trawlers Ltd - [2002] 1 WLR 2304 - Court of Appeal. Leading case on conflict of law. Personal injury/fatal case.
• Salt v Consignia plc [2002] CLY 420 - disclosure of instructions to expert, referred to in White Book commentary.
• Koonjul v Thameslink Healthcare Services NHS Trust  [2000] PIQR P123.   Leading CA case on manual handling regulations.

Areas of Practice

Personal injury

Numerous high value brain injury and para/tetraplegic claims for both claimants and defendants.

Settlements have included:

• £2,273,000 and £330,000 p.a. index-linked to ASHE 6115 and £55,000 p.a. index linked to RPI PPOs for life (after reduction of 30% for contributory negligence) for a young claimant who sustained tetraplegia and lower brainstem injury rendering her locked-in and fully competent.
• £640,000 and a PPO of £60,000 p.a. rising to £100,000 p.a. in a clinical negligence case in which negligent surgery led to peritonitis and subsequent need for stoma and brain injury caused whilst in ICU.
• £1.1m and £23,000 p.a. PPO for a young adult injured when a young child in a RTA.
• £2.9m and £144k p.a. PPO for a young brain injured man who also sustained a below knee amputation.
• £1.35m and £150k, rising to £165k p.a. PPO for an incomplete tetraplegic client.
• £900k and £30k p.a., rising to £44k p.a. PPO for a brain injured client after reducing the claim by 20% for contributory negligence.
• £2.25m and £60k p.a. rising to £85k then £100k p.a. for an incomplete tetraplegic client.
• £1.75m for a client who sustained a below knee amputation.
• lump sum and PPO (equiv. to over £8m) for tetraplegic client
• £3.025m for child brain injured client
• £1.8m for paraplegic client (after reduction for contrib)
• £1.8 for brain injured client (after reduction for contrib)
• lump sum and PPO for brain injured client (equiv. to over £3m)
• lump sum and PPO (equiv. to about £1.4m) for brain injured client.
• £1.4m and £157,000 p.a. PPO for a tetraplegic client (after reduction for contrib.)
• £1.5m and £61,500 p.a. PPO for a cerebral palsy client.
• £785,000 plus £31,712 p.a. PPO for a brain injured client.
• £660,000 and £22,479 p.a., rising to £39,720 after 2 years p.a. PPO for a client who suffered severe gastrointestinal injury as a result of clinical negligence.
• £656,000 and £66,444 p.a. PPO for a clinical negligence client who had jumped from first floor window of psychiatric unit and sustained a brain injury. 
• £800,000 and £110,000 p.a. rising to £135,000 after 4 years p.a. PPO for a client who had undergone a below knee amputation prior to the clinical negligence which rendered her paraplegic.
• £1.8m and £305,000 PPO p.a. for a tetraplegic client.
• £2.75m for a brain injured client working in the City at the time of the acident.
• £415,000 and £64,000 PPO p.a. in a clinical negligence claim where the client sustained cauda equina damage.
• £1.43m and £200,000 p.a. PPO for a paraplegic client arising out of clinical negligence.
• £2.52m and £75,000 p.a. PPO, rising to £120,000 p.a. PPO, for a brain injured child.
• £2.5m for a child injured in a RTA.
• £5.5m for the wife and daughter of a City solicitor in a FAA claim.
• £1.5m and £100k p.a. PPO for a brain injured young adult.
• £500k and £51k p.a. PPO in a clinical negligence claim in which C sustained severe injuries and loss of a limb following a failed suicide attempt.
• £1.725m and PPO rising to £135k p.a. for life for brain injured child.
• £765k and PPO rising to £53,750 p.a.after reduction by 50% to reflect liability division for a brain injured child.

Complex litigation involving accidents at sea, commercial divers, air accidents and conflict of laws issues.
Fatal accident litigation including claim for several £million and claim by family of serviceman killed in Iraq.

Group action litigation including for E Coli and Cryptosporidium outbreaks in Wales.

Stress claims for claimants and defendants.

Abuse work.

Full range of occupational illnesses and employer's liability claims.
 
Clinical negligence

Many cerebral palsy claims for claimants arising out of peri-natal and neo-natal negligence.

Wide range of other claims including failure to diagnose meningitis, failure to diagnose causing paraplegia and tetraplegia and brain damage, failure to diagnose cancer, negligence by psychiatric units leading to brain damage and paraplegia, fatal claims.

Specialism in secondary victim claims.
 
Human rights

All aspects of human rights, principally but not exclusively in relation to personal injury/healthcare issues.

Several leading cases in area from Matthews (HL 2003 - asbestos claim against military) to Dobson (CA 2009 - nuisance).

Currently running HRA claims against MoD, police and local authorities and in respect of the Fatal Accidents Act.
 
Other

Judicial review claims including relating to mental health and entitlement to continuing healthcare for elderly infirm.

Professional negligence and insurance claims, principally arising out of personal injury work.

Health and safety work.

Professional Membership

Member of executive committee of Personal Injury Bar Association

Member of PNBA, ALBA

Founder and past Chairman of Oxford Medico-Legal Society

Education

MA in Medical Law and Ethics
1st class degree from Cambridge University
MA (Cantab), MA (KCL)