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As we all adapt our working practices in response to COVID-19 , 12 KBW barristers deliver a webinar series to address the ever changing guidance in multiple practice areas and the implications for litigators.
Furlough & COVID-19: a handy guide
With the Chancellor’s announcement last week on the future of the furlough scheme, 12KBW’s Jeremy McKeown and Georgina Churchhouse present a quick guide of the story so far, bringing together the key points from the Treasury Directive, Guidance, departmental guidance and legal commentary into one handy document.
Jeremy accepts instructions across all of 12KBW’s core areas. He has particular experience in claims involving employment and discrimination (with expertise in post-termination restrictions), costs, public / occupiers’ / employers’ liability, insurance, credit hire and fundamental dishonesty.
His practice encompasses advisory work, drafting and advocacy in fast track and multi-track claims, both in the High Court and County Courts.
Owing to previous employment at a City law firm, he has a detailed knowledge of civil procedure and experience across a broad range of commercial and arbitration, regulatory and fraud work.
He is a contributor to several blogs and publications in his specialist areas.View full profile
COVID-19: How will the current crisis affect damages in PI claims
Join John-Paul Swoboda and Helen Waller for a conversation about how the Covid 19 crisis will affect the recoverable damages in PI claims. Does what is available determine what is recoverable (bearing in mind lots of care and treatment regimes have been put on hold)? Is the currently methodology for calculating loss of earnings capable of reflecting the wholescale uncertainty for many workers? And much more.
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  EWHC 1992 (QB);
- Brooks v Zurich Insurance Plc  EWHC 1170 (QB);
- Witham v Steve Hill Ltd  EWCA Civ 1312 (led by Steven Snowden KC);
- Gregory v H J Haynes Ltd  EWHC 911 (Ch);
- Helm v Kenyon & Sons Ltd v Somewatch Ltd  EWHC 1108 (QB);
- Cary v Vauxhall Motors Ltd  EWHC 238 (QB);
- Mark v Universal Coatings and Services Ltd v Barrier Ltd  EWHC 3206 (QB);
- Stacey v Triplex Safety Glass Company Ltd  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  EWHC 1669 (QB) (Spanish law); Haggerty-Garton v ICI  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  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  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.View full profile
Helen is a highly experienced junior with a practice well beyond her year of call. She specialises in personal injury and industrial disease work. Her practice includes catastrophic injury and fatal accidents, both as sole and junior counsel. Helen is regularly instructed on multi-million-pound cases, including complex traumatic brain injuries and amputations. She works for both claimants and defendants, receiving instructions from leading solicitors and major insurers. She has developed particular expertise in quantum. Helen has been instructed as junior to a number of leading practitioners in the field, including Paul Russell KC, Chris Kennedy KC, William Audland KC, David Sanderson, Nigel Lewers and John-Paul Swoboda.
Helen regularly appears in trials, CCMCs, approval hearings and applications against opponents of all seniority, including silks. She also has considerable experience of JSMs, both as sole and junior counsel.
Away from 12KBW Helen enjoys wine tasting, cycling, and travelling.View full profile
COVID-19: Flights and Holiday Refunds
Spencer, Charley, Christopher and Cressida consider the right to refunds for cancelled package holidays and flights, the Consumer Credit Act and the recent European Commission guidance on travel vouchers.
Spencer’s practice encompasses the full range of Chambers’ expertise. He specialises in sports disputes, personal injury, industrial disease, international and travel and clinical negligence claims. He is ranked in all of these practice areas in the legal directories where he is described as “great” with “impressive advocacy”, “already having developed a practice that exceeds his seniority”, “absolutely superb”, and “thorough, professional and well-liked by clients”.
Spencer has developed extensive trial experience and his practice combines advisory work, drafting and advocacy in both the High Court and the County Courts. He appears at CCMCs, interlocutory hearings, multi and fast track trials on an almost daily basis. Spencer acts in high value personal injury litigation, both as sole counsel and junior counsel to silks. His practice includes acting unled in several fatal accident cases. He has particular experience in a range of claims brought under the Package Travel Regulations, the Montreal and Athens conventions and his international and travel work often involves complex questions of jurisdiction and foreign law. In the context of industrial disease litigation, Spencer has experience of acting for claimants in claims arising from exposure to asbestos as both sole and junior counsel. Spencer’s sports law practice encompasses personal injury claims suffered during sporting activities, anti-doping and athlete selection disputes. He is a contributor to several publications in his specialist areas.
Prior to joining Chambers Spencer worked in the personal injury department of an international law firm. He read law at the University of Bristol and was an Exhibition and Benefactors Scholar of the Inner Temple. During his pupillage he received the Jarman Award for Advocacy and he has recently been awarded an outgoing Pegasus Scholarship to the USA. He is also a member of the Bar Council’s Young Barristers’ Committee. Spencer is committed to widening access to the Bar; he is part of the outreach team within Chambers and is regularly invited to speak on panels on the topic of social mobility.View full profile
Charley specialises in clinical negligence, abuse, and injury claims with an international element.
Her broader personal injury practice encompasses interests in sports law, motor insurance and military claims. She is also keen to grow her practise in inquests and inquiries.
Charley has been led by William Audland KC, Harry Steinberg KC, Patrick Vincent KC and Andrew Roy KC of 12KBW and regularly does work for other members of chambers in high value cases.
In addition to a busy paperwork practice, Charley is regularly in court for trials, PTRs, CCMCs, interim applications and approval hearings.
As a member of Advocate (formerly the Bar Pro Bono Unit), Charley is willing to act in a pro bono capacity, where appropriate.
Prior to coming to the Bar, Charley studied English Literature at Merton College, Oxford, and was awarded a Blue for football.
When she is not in chambers Charley plays for Camden Town Football Club and is a loyal participant in the annual Blenheim Palace Triathlon.View full profile
Christopher accepts instructions in all of 12 KBW’s core areas, with a particular focus on matters relating to clinical negligence, cross-border disputes and industrial disease.
Christopher regularly appears in court and has an excellent track record representing both Claimants and Defendants in trials, applications and case management hearings.
Christopher also has a busy paper-based practice, drafting pleadings, witness statements and questions to experts. He is able to provide clear and methodical advice on liability, quantum, evidential issues and settlement. Christopher has a sound understanding of the civil procedural rules and is able to advise on a range of procedural issues.View full profile
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  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.View full profile