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An afternoon of presentations on different aspects of the law concerning cyclists.
Cycle Lanes: a Peloton of Issues
William Audland KC
William is ranked as a leading silk in the major directories in all his principal areas of practice - international and travel, personal injury, clinical negligence and sports law - and specialises in cross-border claims which combine these areas of expertise. He represents both claimants and defendants, and has a growing practice as a mediator.
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Henry F. Charles
Henry is recognised as a leading personal injury and clinical negligence practitioner. He acts for Claimants and Defendants typically in complex and high value claims. He has negotiated settlements as high as nearly £7,000,000.
He was awarded Personal Injury and Clinical Negligence Junior Barrister of the Year award in 2014 by Chambers & Partners. He has appeared in their guide for many years, recommended in both personal injury and clinical negligence. Observers have said, for example, “I am impressed by his attention to detail and his commitment to ensure that no stone gets left unturned. He has a very agile and adaptable approach to things" and that he is “A tower of strength; he is calm in the midst of battle, knows how to read judges and is an excellent strategist” He has also been described as "unflappable and laser-like in terms of his focus.", an "extremely safe pair of hands," and as “delightful” with both “panache and a beautiful manner". “He knows when to fight,” declare observers.
Henry encourages a team approach, he is happy to travel to see claimants and insurers alike.
View full profileHenry King
Henry specialises predominantly in costs and funding litigation arising from all manner of actions.
He routinely appears for both paying parties and receiving parties in detailed assessments as well as on discrete points of law. Henry is particularly interested in solicitor/client assessments at all values.
He also maintains a substantial practice in personal injury, as well as insurance work including property damage, indemnity disputes and cases involving suspicions of fraud.
Henry’s practice is managed by:
- Lily Baker – Practice Manager (baker@12kbw.co.uk); and
- George Gosling – Assistant Practice Manager (gosling@12kbw.co.uk)
Professional cyclist claims
This webinar does not have accompanying slides.
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).
View full profileCyclists and Contributory Negligence
David Green
David is a leading personal injury junior. “The quality of David’s advice is second to none” (Legal 500 2022).
In personal injury he specialises in occupational and environmental disease claims, including all aspects of asbestos disease, and noise-induced hearing loss.
He maintains a particular interest and specialism in military cases, and is instructed in the ongoing military deafness litigation (led by Harry Steinberg KC).
David is also ranked as a rising star in employment law. “David is an excellent advocate and is able to think very well on his feet. He has very good technical knowledge of both the law and procedure” (Legal 500 2022).
Cases include:
Abbott v Ministry of Defence [2022] EWHC 1807 (QB): represented nearly 3,500 claimants for noise-induced hearing loss and/or tinnitus brought against the MOD (led by Harry Steinberg KC).
Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB): successful appeal on behalf of a local authority against claim for psychiatric damage, brought by a taxi driver after a mistake in the taxi licensing process.
David also appeared for the successful Respondent in Greene v Davies [2022] EWCA Civ 414, an appeal concerning an important point of law on abuse of process in regulatory disciplinary proceedings.
View full profileCyclists and claims under s. 41 of the Highways Act 1980
Daniel Tobin
Dan specialises in high value, complex personal injury, motor claims, property damage and general insurance work.
He has been listed as a Leading Junior in Personal Injury since 2010. He is currently listed as band 2 in The Legal 500 and band 3 in Chambers and Partners.
In Chambers and Partners 2023, he is described as “a very user-friendly barrister who puts clients and witnesses immediately at their ease”. He is also described as “really straight-talking and [with] a great command of the courtroom”.
Other directory’ feedback includes: “An outstanding advocate who presents cases in a straightforward and eloquent manner. (Legal 500, 2021), “a strong negotiator who presses the right buttons to obtain maximum results” (Legal 500, 2019), and “very client-focused, extremely personable and a skilled negotiator” (Legal 500, 2017)
Dan deals with liability and quantum disputes in all forms of RTA, EL and PL claims. He is equally at home in all aspects of modern personal injury practice, whether it be settling detailed Schedules and Counter Schedules of Loss, preparing for and attending JSMs or cross-examining experts at trial. He is often instructed in cases where there are elements of fraud, malingering and/or exaggeration.
He has extensive experience of amputation and prosthetics, catastrophic brain injury, spinal injuries, chronic pain and somatoform conditions.
He often appears on his own against Leading Counsel.
Recent Defendant cases include:
- a claim against a former employee of a large statutory undertaker who was alleging that CRPS had caused a lifelong loss of earnings, where surveillance evidence utilised at trial established malingering;
- a claim arising from the allegedly negligent installation of a domestic hot water system which caused severe burns leading to amputation;
- proceedings brought by a former Team GB martial artist who claimed seven-figure damages for, inter alia, being deprived of the opportunity to compete at the Tokyo Olympics;
- a claim arising from the life-altering injuries caused when the claimant was deliberately run down and left for dead by an ex-boyfriend;
- a double fatality caused on the M42 motorway, caused by flooding which was said to have been caused by negligently installed telecommunications apparatus;
- representing a local authority in proceedings brought on behalf of a child who was blinded by the allegedly negligent use of a lawnmower.
In terms of his Claimant work, Dan has been described as “the go-to man for highways claims” (Chambers & Partners, 2018). He is proud of the fact that “he has an excellent knowledge of the Highways Act and a feel for injured cyclists”. (Legal 500, 2018) but remains “a very approachable and down-to-earth barrister”. (Chambers & Partners, 2018).
Recent successfully concluded Claimant cases include:
- representing the Estate of a triathlete killed as a result of a hitting a pothole in the highway whilst training for Ironman Wales;
- acting for a cyclist who suffered C3/C4 spinal cord injury as a result of an accident on the highway;
- representing a dental surgeon who suffered extensive maxillo-facial and dental injuries in a cycling accident;
- acting for a claimant who suffered a significant spinal injury whilst riding a quadbike on the public highway;
- a claim on behalf of an elderly resident in a care home who fell down an open lift shaft;
- acting for a pedestrian who suffered a very significant ankle fracture when tripping on a tree pit located on London Southbank;
- a claim for a cyclist who was deliberately run over by a motorist.
Dan has also, for several years, acted for a number of large institutional defendants in claims arising from the allegedly defective installation of cavity wall systems, being work which in more recent times turns on fairly technical insurance indemnity issues arising from the significant number of CWI claims pursued under the Third Parties (Rights Against Insurers) Act 2010.
He has two teenage daughters and lives in London. Outside of work he rides his bike (a lot), enjoys reading, eating out and the cinema. He is a qualified skydiver, has a black belt in Korean kickboxing and still harbours the (albeit ever-diminishing) ambition of completing an Ironman triathlon.
View full profileClaims concerning coached cycling and sportives
Nigel Lewers
Nigel is widely recognised as a Leading Junior, recently rated as a “Star Individual”. He specialises in high value claims in personal injury, clinical negligence, motor insurance, and professional negligence arising out of personal injury cases. He has extensive experience of chronic pain conditions, amputation and prosthetics, catastrophic brain injury, paralysis caused by spinal injury, fundamental dishonesty and equine accidents.
View full profileAlex Carington
Alex’s practice encompasses 12KBW’s core areas with particular focus on travel, serious personal injury, clinical negligence, fraudulent claims and inquests.
Alex is recognised as a leading junior in Legal500 in travel law as “punching well above his weight and is already an established specialist in Athens Conventions claims”.
His passion remains in all forms of advocacy work, alongside his paper practice.
Alex has good working knowledge of German having read Law and German Law at Exeter University before completing a Masters in German Law at Saarland University, Germany. He enjoys learning from different jurisdictions and is an Honorary Member of the Tampa Bar, Florida, after taking part in an exchange programme there.
In his spare time, Alex enjoys baking, triathlon and skiing. He is a trained Level 2 Triathlon Coach and qualified to represent Team GB at age group level in the 2021 World Championships in Bermuda and the 2021 European Championships in Valencia. Alex brings his personal knowledge of sports coaching and procedures to his sports law practice.
View full profileAn overview and panel discussion on “cyclists and helmets”
David Sanderson
David is a highly experienced senior junior who has specialised for over 25 years in personal injury and clinical negligence work. His practice principally involves claims for catastrophic injury and fatal accidents.
David receives instructions from most of the leading specialist PI solicitors and acts both for claimants and for insurers.
Both Legal 500 and Chambers & Partners recognise David as a “Leading Junior” and he has been included in their annual editions for over 10 years. He was nominated for Junior of the Year in Personal Injury at the Chambers Bar Awards 2014 and 2021.
David is married with one daughter. Away from the bar he is a keen cyclist and loves sea swimming, India and opera.
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Lois Aldred
Lois is an experienced Personal Injury and Costs Specialist known for her approachable style, tenacious advocacy and the ability to effectively argue tricky legal points.
Lois combines her practice as a barrister with sitting as Recorder on the Midlands Circuit.
Away from Law Lois has a keen interest in travel, languages, and sustainable gardening when she isn’t marshalling her trio of young sons.
She speaks (now) basic French after her time living and studying in Strasbourg, when a student along with a little Spanish and Japanese.
Before coming to the Bar Lois Taught English Language Oral Communication in Osaka, Japan.
View full profileAlex Carington
Alex’s practice encompasses 12KBW’s core areas with particular focus on travel, serious personal injury, clinical negligence, fraudulent claims and inquests.
Alex is recognised as a leading junior in Legal500 in travel law as “punching well above his weight and is already an established specialist in Athens Conventions claims”.
His passion remains in all forms of advocacy work, alongside his paper practice.
Alex has good working knowledge of German having read Law and German Law at Exeter University before completing a Masters in German Law at Saarland University, Germany. He enjoys learning from different jurisdictions and is an Honorary Member of the Tampa Bar, Florida, after taking part in an exchange programme there.
In his spare time, Alex enjoys baking, triathlon and skiing. He is a trained Level 2 Triathlon Coach and qualified to represent Team GB at age group level in the 2021 World Championships in Bermuda and the 2021 European Championships in Valencia. Alex brings his personal knowledge of sports coaching and procedures to his sports law practice.
View full profileHelen Waller
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.
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