12KBW Asbestos Seminar 2024 – Welcome developments in the law or just a new Horizon?

Michael Rawlinson KC

Michael’s principal areas of practice are claims in which exposure to noxious substances are alleged to have led to long-term adverse health effects. He is instructed by victims, exposers and their insurers.

Since such claims often involve the development of cancer many years after exposure, much of his instruction requires the marshaling and presentation of very large quantities of historical documents evidencing or negativing either the fact of exposure or the guilty knowledge relating to it.

He works extensively with lawyers from other common law jurisdictions. Under this general description fall specific areas of litigation: occupational exposure to asbestos/other carcinogens and exposure to manufactured products made available to the public.

In addition he accepts a significant number of instructions each year on behalf of service personnel (or their survivors) where injury arises from service life. He is often instructed to appear at the initial fact-finding Inquest and thereafter within subsequent civil litigation. He is regularly instructed in respect of air crashes (fixed and rotary wing) and other aspects of aviation health and safety. More generally, Michael is instructed by insurers where a wider strategic interest arises out of specific litigation. He considers to be a core part of his work to regularly give talks seeking to signpost where the law of causation appears to be heading. He accepts instructions from ‘both sides’ in catastrophic head and spinal injury.

Notwithstanding the advent of 0% CFA/QOCS claims he is not risk averse where legally interesting or otherwise significant issues arise. Recent work has required him to provide advocacy arising from such diverse topics as the nature of the UK’s level of control over Sovereign Base Areas in Cyprus, the system of International aviation regulation operating within the UK, the alleged effect of environmental exposure to organophosphates and the historical behaviour of manufacturers of asbestos products within the UK market.

When instructed to lead a team, he always tries to foster a collegiate approach to the litigation because he firmly believes that helps the entire team to provide maximum value to the client.

Steven Snowden KC

Steven Snowden KC is recognised in the independent legal directories as one of the leading barristers in the country in his chosen areas of work. He is ranked in band 1 for personal injury and industrial disease in both the C&P and the L500 guides and also ranked for Public Inquiries and Inquests by the Legal 500.

Steven’s main areas of practice are high-value, complex or sensitive personal injury and industrial disease cases. His practice extends to associated clinical negligence and professional negligence work, Court of Protection, insurance, sports, group litigation and public inquiries. He works for claimants and for defendants.

Steven is a very experienced trial advocate and regularly deals with substantial and complex cases in court and in settlement meetings. His current caseload includes the liability and quantum aspects of head injuries, paraplegic and other serious spinal injury cases, amputations, psychiatric injuries and fatal claims. In disease work he deals with mesothelioma and other asbestos claims, and other occupational illness claims involving difficult issues of liability, causation or quantum. He represented the largest group of the infected and affected individuals and families (1,400+ core participants) in the Infected Blood Public Inquiry.  He is instructed in the professional footballers’ concussive injury claims. He is retained to represent patients and families in the Essex Mental Health Public Inquiry.

He was the elected Chair (2020 – 2022) of the Personal Injuries Bar Association, a member of the Bar Council (2020-2022), is a Director of BMIF (2022 to date) and has for many years been one of the authors of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases.

Andrew Roy KC

Andrew specialises in complex, sensitive and high value cases involving personal injury (especially catastrophic claims), costs, industrial disease, clinical negligence, professional negligence, limitation and related areas.

Andrew has a significant appellate practice. He is head of the 12KBW Costs Team.  He sits as a Deputy Costs Judge of the Senior Courts.

Andrew is ranked in both Personal Injury and Costs by both Chambers & Partners and the Legal 500. They note that he has “A razor-sharp intellect coupled with an encyclopaedic knowledge of the case law, who is able to combine both into dazzling and fearless advocacy”, is “incredibly bright and tenacious”, “concise, pays enormous attention to detail and is excellent with clients", and “very thorough, persistent and persuasive in court" with “a great ability to distill the most complex legal arguments”.

The directories also recommend Andrew as being“adept at handling challenging cases of high complexity”, “a ferocious advocate in court”, “a great strategist with an eye for the big picture at all times”, “legally savvy” a “fierce advocate, who is very bright but also practical”, "a great choice of counsel when you know you have a fight on your hands” and "Exceptional - he is straight to the point, technical and an all-round great barrister."

As one of only a handful of barristers ranked by the directories in both personal injury and costs, Andrew brings this in-depth crossover expertise to both his personal injury cases and his costs work. The directories note that in respect to personal injury, he is “a strong negotiator and has the added value of real costs expertise” who is “Valued by instructing solicitors for his considerable knowledge of costs issues”. They likewise note that in respect of costs he “draws strength to his practice through his personal injury expertise.”

Andrew is Head of Pupillage at 12KBW.

Ivan Bowley

Ivan Bowley specialises in industrial disease and serious personal injury, acting on behalf of claimants. For many years he has been one of the leading juniors at the Bar for industrial disease litigation.

Ivan also practices at Lincoln House Chambers in Manchester and has regularly been listed in Chambers and Partners Band 1 for personal injury on the Northern Circuit and as a leading practitioner in the Legal 500. He is listed in Band 1 of the Chambers and Partners’ list “Personal Injury: Industrial Disease – All Circuits”.

Michael Brace

Michael specialises in high value and complex personal injury claims and is recognised as a leading junior: In the current edition of Chambers & Partners he is described as “detail-oriented and client-friendly” and as providing “very clear and detailed advice” whilst the current edition of the Legal 500  notes he “is able to advise on a range of cases to include more novel cases such as hypersensitivity pneumonitis claims.’    

Michael’s practice focuses on:

• Catastrophic injuries  and fatalities
• Brain injuries
• Complex orthopaedic and amputation cases
• Psychiatric conditions

Michael  practice is UK -wide.  He acts for both claimants and defendants and receives instructions from leading solicitors and major insurers.  He has particular experience in dealing with complex and contested medical and engineering evidence.

Michael was one of the Attorney General’s Junior Counsel to the Crown from 2000 – 2007 and a “Panel Counsel to the Welsh Assembly Government” from 2000-2007.

Gemma Scott

Gemma specialises in serious personal injury cases, industrial disease claims, and in large group actions.

She regularly appears against silks and senior juniors in High Court cases. She is also frequently instructed as junior counsel in multi-million pound claims, often working alongside silks from other chambers.

She is ranked in the fields of Personal Injury and Industrial Disease in the Legal 500 and in Chambers & Partners.

Gemma is a contributor to Sweet and Maxwell’s Asbestos: Law and Litigation.

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).

John-Paul Swoboda

John-Paul specialises in Serious Injury, Asbestos Litigation, International litigation (injury and non-injury work), Clinical Negligence, Professional Negligence, Sports and Inquests. He undertakes high value work appearing in the High Court and Appellate Courts. He enjoys working as part of a team. He won the Legal 500 Personal Injury Junior of the Year Award in 2023.

In relation to asbestos claims, he is instructed by most, if not all, well-regarded claimant firms with an established asbestos team. He is ranked in Chambers and Partners and the Legal 500. Recent reported cases include:

• Keegan v Independent Insurance Co Ltd [2022] EWHC 1992 (QB);
• Brooks v Zurich Insurance Plc [2022] EWHC 1170 (QB);
• Witham v Steve Hill Ltd [2021] EWCA Civ 1312 (led by Steven Snowden KC);
• Gregory v H J Haynes Ltd [2020] EWHC 911 (Ch);
• Helm v Kenyon & Sons Ltd v Somewatch Ltd [2019] EWHC 1108 (QB);
• Cary v Vauxhall Motors Ltd [2019] EWHC 238 (QB);
• Mark v Universal Coatings and Services Ltd v Barrier Ltd [2018] EWHC 3206 (QB);
• Stacey v Triplex Safety Glass Company Ltd [2017] EWHC 1945 (QB).

John-Paul is ranked in the Legal 500 for Travel Law including Jurisdictional issues. His private international law expertise spans jurisdiction (pre and post-Brexit), applicable law (pre and post-Brexit), forum non conveniens cases and service out of the jurisdiction in both injury and non-injury commercial work. John-Paul also has expertise in Aviation, Package Holidays, Admiralty matters, Athens and Montreal Convention cases and clinical negligence cases with a foreign element. As a result of his Spanish language skills, John-Paul is often instructed in Spanish cases and has appeared as an expert in English law in the Spanish Courts. Recent reported cases include: Chouza v Martins & Ors [2021] EWHC 1669 (QB) (Spanish law); Haggerty-Garton v ICI [2021] EWHC 2924 (QB) (Scots law).

John-Paul’s clinical negligence work is high value and he receives instructions from most ranked firms. He is ranked in the Legal 500 for his clinical negligence work. He enjoys the medical and scientific aspects of such litigation and works closely with his instructing solicitors and experts. He has significant experience of cases involving birth injury, amputation, unnecessary and negligent surgery, delayed diagnosis, fatal cases, disclosure of risk and the negligent administration of clinical drugs.

John-Paul is listed in the Legal 500 and Chambers and Partners for his more general personal injury work which includes EL, PL and RTA cases. Recent reported cases include Irani v Duchon [2019] EWCA Civ 1846.

John-Paul undertakes professional negligence work, mainly in respect of actions arising from personal injury claims. He successfully represented the Claimant in the Court of Appeal in Witcomb v Keith Park Solicitors [2023] PNLR 20.

He practices Sports Law where he is able to bring his extensive Personal Injury and Clinical Negligence knowledge to bear on such matters. However, his practice is not restricted to injury related work; he accepts non-injury Sports work of a contractual or regulatory nature. He has received instructions relating to those in the English Premier League.

John-Paul acts for bereaved families, and occasionally acts for other interested parties, at Inquests. John-Paul has particular interest and expertise in Article 2 ECHR enhanced Inquests. He has acted in high profile Inquests such as the Inquest touching the death of Toni Speck (a death in police custody); the Inquest touching the death of Graham Coker (a death following oesophageal cancer surgery where their department was subsequently shut down); the Inquest touching the death of Jodie White-Charles where a young mother died of sickle cell complications as a result of Trust failures.

Rachit Buch

Rachit specialises in personal injury, industrial disease, clinical negligence and international and travel law. He is ranked in the legal directories for personal injury: industrial disease (Band 2, Chambers & Partners) and clinical negligence (Tier 4, Legal 500). He is described as “a strong advocate”, who “excels at understanding both the overall picture and the important details of the case. He has a great manner with clients”.

His industrial disease practice focuses on mesothelioma claims and other asbestos-related diseases.

His clinical negligence practice includes birth-related claims, surgical negligence and delayed diagnosis in oncology and other disciplines.

He acts for claimants and defendants in high value and complex litigation. He has particular expertise in cases with an international element, including jurisdictional challenges, cases involving foreign law and accidents abroad.

Rachit has experience in cases involving a public law aspect, including liability of public bodies such as the Ministry of Defence. He was instructed in the Undercover Policing Inquiry, as well as having an established inquest practice.

He is instructed in claims involving issues of national security including sensitive military deployments or undercover policing.

Having studied Human Genetics for his first degree, Rachit applies his knowledge of scientific and medical issues to the law.

James Pickering

James is recognised as a leading practitioner in cases involving serious injuries and fatal accidents, with expertise in international and group litigation.

Chambers & Partners and The Legal 500 describe him as “an excellent barrister” who is “razor-sharp and super responsive”. He “has a brilliantly analytical yet creative legal intellect which he brings to bear in the most legally challenging of claims, with jurisdictional issues being a particular forte of his.” He is recommended as “pragmatic and meticulous, and always on hand in the most difficult of cases. His presence at your side is a reassuring one.”

James edits the leading practitioner textbooks in his main areas of practice: Occupational Illness Litigation, Asbestos: Law & Litigation, and Butterworths Personal Injury Litigation Service (Accidents Abroad).

Max Archer

Max is recognised as a leading practitioner in a number of different fields including aviation law, cross border litigation, industrial disease, product liability and group actions. Across these fields he is experienced in tortious disputes, commercial litigation and regulatory matters.

He is known for his excellent client care, robust advocacy and pragmatic approach to litigation. Max’s work is often technical, high value and complex. He often appears unled against silks in the higher courts and is acknowledged for his advocacy skills.

Max has unparalleled knowledge of aviation law and has become a go-to junior in this area in respect of large loss events  occurring all over the world as well as domestic accidents, regulatory issues and commercial aviation work.

His work often has an international dimension, he has expertise in jurisdiction and conflicts of laws as well as private international tort law and human rights issues.

Max often acts in group actions, both led and unled. He is adept at handling mass tort cases and often acts in environmental actions as well as group personal injury claims.

He is a contributing author of Asbestos: Law & Litigation (Sweet & Maxwell, 2019) and the co-editor of 12KBW’s Asbestos Blog.

Max is recognised in Aviation, Personal Injury and Travel in the Legal 500 and in Aviation, Personal Injury and Industrial Disease in Chambers & Partners.

Cressida Mawdesley-Thomas

Cressida specialises in all aspects of Personal Injury law. She has a thorough and collaborative approach and is recognised by The Legal 500 as a Rising Star who “has already amassed an extremely impressive caseload, far beyond that of many barristers much more senior”.

In disease litigation Cressida acts for Claimants suffering from mesothelioma, lung cancer, diffuse pleural thickening and asbestosis. She is also experienced in VWF/ HAVS claims. She regularly appears in the Masters’ corridor and is well versed in limitation arguments and complex issues of causation. As second junior in Mather v MOD she helped obtain a settlement of over £3 million for a former RAF painter & finisher who developed MS following exposure to organic solvents in breach of the COSHH Regulations.

Cressida has particular interest in equine claims brought under The Animals Act 1971.  She is currently junior counsel in a high value, complex CRPS claim following a military riding accident. Cressida is adept at drafting schedules of loss in cases involving the loss of a military career.

In clinical negligence Cressida has experience in a range of different cases, including delayed diagnosis, as well as unnecessary and negligent surgery. This compliments her coronial practice where she is instructed in inquests involving multiple expert jurisdictions. She successfully obtained a regulation 28 prevention of future death report in a case arising out of the police’s treatment of head injuries and questioned experts in pathology, neuropathology, and toxicology.

Cressida is adept at handling complex motor insurance indemnity points. She successfully acted as Junior Counsel for the Second Defendant in Covea Insurance Plc v Greenaway [2021] 3 WLUK 379, considering the meaning of the ‘stolen or unlawfully taken’ exception under s. 151 of the Road Traffic Act 1988. Greenaway was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018. Unled she successfully acted for the Second Defendant in Kelec v (1) Kotwal (2) Nelson Insurance (HHJ Dight CBE, central London County Court, 18 August 2022). The case concerned the limits of a direct action under The European Communities (Rights against Insurers) Regulations 2002 (‘the 2002 Regulations’).

Cressida acts and advises in costs litigation, including detailed assessment hearings, where she is an effective advocate. She co-edits 12 King’s Bench Walk’s Costs blog with Deputy Costs Judge Andrew Roy.

Prior to coming to the Bar Cressida worked at a top American investment bank. She is highly numerate and drafts living and fatal schedules of loss beyond her year of call.

Jessica Franklin

Jessica specialises in personal injury, disease, and employment.

Jessica writes robust pleadings, offers realistic advice on liability and settlement and is a confident advocate.  In employment, she is particularly experienced in whistleblowing, discrimination and unfair dismissal claims. In personal injury, she is experienced in a range of areas including complex vicarious liability, disease and military disputes.

Jessica was recently junior counsel in the Court of Appeal. In April she will be junior counsel in the Employment Appeal Tribunal.

She is instructed on the Post Office Inquiry counsel team.

Jessica is a scholar of Corpus Christi College, Cambridge. She achieved a Distinction in the GDL and the BVS. She was awarded academic scholarships by the City Law School and the Inner Temple to undertake her legal studies. She is an able advocate: she won the Inner Temple’s Lawson Moot, the City GDL Moot and the Cecilia Moot.

Prior to coming to the Bar, Jessica had a career in advertising and marketing. She worked in Beijing for a year and has a great interest in Chinese culture, language and food.

Rebecca Henshaw-Keene

Rebecca joined Chambers in October 2023 following the successful completion of her pupillage.

Rebecca accepts instructions in all of Chambers’ practice areas. She is instructed in fast track and small claims personal injury matters, applications and interim hearings. Rebecca is also developing a growing paperwork practice across Chambers’ core areas.

During pupillage she gained experience in high-value personal injury, industrial disease, international and military claims, fraud, and costs.

Prior to pupillage, Rebecca worked for eighteen months as a paralegal to a personal injury silk specialising in catastrophic injury.

Before coming to the Bar, Rebecca worked in the NHS and local authorities on health service planning and management, experience she brings to her practice. She was also an Honorary Lecturer at The Bartlett School of Sustainable Construction, University College London, where she taught contract administration and law.

Rebecca studied History at Newnham College, Cambridge, where she graduated with a first-class degree. She was awarded a postgraduate scholarship from Newnham College to undertake the MPhil in Economic and Social History. Her MPhil thesis explored women’s political participation.

She is a recipient of the Haldane and Lord Denning Scholarships from Lincoln’s Inn and won the BPP GDL Mooting Cup in 2018.

Corinne Novell

Corinne joined Chambers in October 2023 following the successful completion of her pupillage. She frequently advocates in court in personal injury, road traffic accidents, credit hire, negligence, breach of contract and occupier’s liability claims. Corinne also has a growing paperwork practice across these areas.

During her pupillage, she gained a wide breadth of experience in clinical negligence, personal injury, inquests, industrial disease, travel, military and employment work. She is interested in all the core areas of Chambers’ expertise.

Prior to pupillage, Corinne obtained a Distinction on the BTC, having been awarded scholarships from Lincoln’s Inn and BPP University to undertake her studies. She obtained a Masters degree, specialising in medical and labour law, from the University of Cambridge. Corinne obtained her undergraduate degree at the University of Durham, where she placed first in her cohort in her first year and ranked first in modules on the law of Individual rights and the State, the EU Internal Market, Tort and the UK Constitution.