Patrick Kerr
Patrick is consistently ranked as a Leading Junior, Tier 1 in the Legal 500 and a Leading Junior, Band 1 in Chambers & Partners. The current editions describe him as “warm and approachable, and his attention to detail is first class. His advocacy is eloquent, innovative and charismatic” and “an outstanding barrister who is undoubtedly destined for the top”. Recent editions say he is “a superb advocate who is highly intelligent” and “definitely the counsel you want on your side”.
Patrick has particular expertise in mesothelioma claims, clinical negligence and sporting injuries. Most of his claims involve catastrophic injuries. He also has extensive experience in defending fraudulent claims.
He is a member of the Northern Irish Bar and has provided expert evidence on English and Welsh law for other jurisdictions.
Patrick also runs a charity which funds Research Fellowships at the Royal Marsden Hospital (lecure.org).
Personal Injury
Patrick represents both claimants and defendants in all aspects of personal injury. His practice is split broadly equally between the two. His main areas of expertise are:
- Brain injuries
- Fatal accidents
- Serious spinal and limb injuries
- International or foreign claims
- Sports-related injuries
- Insurance
His defendant practice also includes dealing with false or exaggerated claims.
Patrick advises many European and international companies and insurers; and is regularly instructed as an English law expert for claims heard in other jurisdictions, including the Republic of Ireland, Italy and Bermuda.
He has an extensive appellate practice and recently returned to the Court of Appeal to successfully resist an attempt to fetter the courts’ approach to assessing future loss of earnings.
Patrick also has experience in intentional tortious acts such as malicious wounding, sexual abuse and claims arising from the deprivation of liberty.
Download sectionIndustrial Disease
Patrick specializes in asbestos-related claims, primarily those involving mesothelioma. He regularly appears in the High Court, both as sole counsel and being led. He deals with mesothelioma claims of all sizes and is currently instructed in a claim in excess of £2million.
He is part of the legal team currently petitioning the Supreme Court in a test case on behalf of hundreds of workers who have contracted platinum sensitivity as a result of occupational exposure to platinum salts.
His main areas of expertise are:
- Mesothelioma claims
- Occupational exposure to harmful substances
- Causation, particularly in relation to co-morbid conditions
- Asbestosis
- Workplace sensitization
Clinical Negligence
Patrick is recognised as a leading junior in personal injury work by the Legal 500, its most recent edition describing him as “ a superb advocate who is highly intelligent”. In Chambers & Partners he is described as “definitely the counsel you want on your side”.
Patrick is part of 12 KBW’s Clinical Negligence steering group; with his practice predominantly being on behalf of the victims of clinical negligence. His main areas of expertise are:
- Delayed diagnoses
- Surgical malpractice
- Causation, particularly in relation to consent and co-morbid conditions
- Neonatal fatalities and injuries
- Elderly and rehabilitative care
The claims he deals with are usually between £100,000 and £2million, although he does accept instructions on the more complex cases which do not have such monetary value.
Download sectionInternational & Travel
Patrick’s experience in international and travel law is extensive. His clients are pan-global. His expertise includes:
- Limitations of coverage for foreign insurers
- Accidents abroad
- Jurisdictional issues
- The application of foreign law in the quantification of damages
- Product liability
- Package tour claims
- The application of European Regulations and Treaties
Patrick also acts as an English legal expert in claims which are heard outside this jurisdiction.
Download sectionFraud
Patrick’s main areas of expertise are:
- Fraudulent claims arising from invented, staged or induced road traffic accidents
- Fraud rings
- Invented or exaggerated accidents at work
- Attempted fraud against public authorities
- Credit hire
- Low-velocity impact claims
- Fraudulent misrepresentation
- Insurance coverage
Patrick has been involved in defending numerous high-profile and extensive fraud-rings including those linked to organized crime.
He is expert in defending claims involving exaggerated claims of personal injury and/or credit hire.
Download sectionCases
Personal Injury
Hills v. Snoussi [2016] – represented the defendant at first instance and in the Court of Appeal regarding the quantification of future loss of earnings and the application and appropriateness of the Ogden Tables.
DEF & ABC v. TT & MIB [2016] – represented two of the claimants (mother and son) in a fatal accident claim where the deceased had two separate families.
L v. T Ltd [2016] – representing the defendant in a high value head injury claim brought about by tree-felling.
Bennett v. Hewitt [2013] – represented the claimant in a catastrophic head injury case in which liability was in issue.
B v. A. Stores [2016] – representing the claimant in a claim for failure to take out appropriate insurance.
Taylor v. London Borough of Lambeth & Ors [2014] – represented the claimant in her claim after she was stabbed in a care home by a vulnerable minor.
GD v. London Borough of Barnet [2015] – represented the defendant in a claim for unlawful detention in a mental health institution.
Industrial Disease
Greenway v. Johnson Matthey plc [2016] – recently brought into the legal team for the case’s petition to the Supreme Court. The claim is a test case on behalf of hundreds of workers who have contracted platinum sensitivity as a result of occupational exposure to platinum salts.
G v. SoS for Transport [2016] – representing the claimant in this fatal mesothelioma claim where the claim is in excess of £2million.
Winton v. AMEC plc, LHR Airport & Lenval Ltd [2016] – represented the claimant at first instance and on appeal in this living mesothelioma claim as a result of the Claimant’s exposure to asbestos whilst working in Heathrow Terminal 3.
Baker v. Tate & Lyle plc [2012] – represented the claimant in this living mesothelioma claim brought under the Occupiers Liability Act 1957 as there was no viable claim against the employer.
Clinical Negligence
R v. ULH NHS Trust [2016] – representing the claimant in her claim for injuries subsequent to being set on fire during surgery.
D v. WSH NHS Trust [2015] – represented the widow in her claim for the delay in diagnosis of her husband’s brain tumour.
H v. SGH NHS Trust [2015] – represented the daughter of the victim of inadequate geriatric care.
W (a minor) v. ULH NHS Trust [2015] – represented the claimant in her claim for multiple inadequate surgeries and treatment for a congenital disorder.
International & Travel
W v. IRF International [2016] – currently representing the defendant in this claim involving the foreign packing and transportation of goods across Europe.
Miller v. Europcar [2014] – represented the defendant in this multi-million-euro claim arising from a road traffic accident in Portugal.
Thomson v. Thomson & Colonial Insurance Company [2013] – represented the second defendant – a Bermudan insurance company – regarding its statutory rights and obligations under the Bermudan law.
Wallis & Trick v. Lowcost Beds & Top Choice Holidays [2012] – represented the claimants in their claim for compensation following a road traffic accident on an organized excursion in Sharm el Sheikh, Egypt.
Fraud
G v. N [2016] – currently representing the defendant in an alleged fraud claimed in excess of £500,000, arising out of injuries purportedly sustained following a road traffic accident.
H v. S. & E (a car hire company) [2016] – currently representing the second defendant in a claim in which the incident circumstances are not accepted and a claim for credit hire in excess of £300,000 has been claimed.
Lawton v. Moore & Highways Insurance [2013] linked to Thompson v. Thompson & Covea [2014] – represented the second defendants in these lead fraudulent claims brought for, on behalf of or orchestrated by an individual holding himself out to be a solicitor.
Appointments & Memberships
Gray’s Inn
Bar of Northern Ireland
London Common Law and Commercial Bar Association
Personal Injuries Bar Association
South Eastern Circuit
Pupil Supervisor
Qualifications & Awards
St Catherine’s College, Oxford B.A.(Hons) 1st Class.
David Karmel Scholarship.
Lord Justice Holker Scholarship.
