Henry specialises in Personal Injury and undertakes work in three distinct areas – disease, clinical negligence and catastrophic injury claims. He acts on behalf of Claimants and Defendants in equal measure and has also been involved in providing strategic advice to a large national firm of solicitors in relation to noise induced hearing loss claims. Henry has also worked as a Consultant in house for a large national firm of solicitors specialising in asbestos litigation.
For the last 10 years Henry has focused his practice on personal injury claims. He regularly deals with claims for sums in excess of £500,000 and has acted in claims in excess of £1 million. Henry has a particular interest in occupational illness litigation, clinical negligence and serious injury claims. He also has an interest in military claims and has recently recovered settlement in excess of £500,000 at JSM acting for a military veteran.Book BarristerBack to top
Henry acts for both Claimant and Defendant in all areas noted below.
Asbestos related diseases
Henry has expertise in asbestos litigation having worked in house for a national firm of solicitors in their asbestos team. He regularly appears at show cause hearings acting in mesothelioma claims before the Masters in the Royal Courts of Justice.
Noise induced hearing loss
Henry has expertise in noise induced hearing loss claims and has acted in a number of the leading recent cases on the issue of de minimis over the last few years. He acted in and was successful in both the cases of Briggs and Childs (see below). Henry’s expertise in deafness claims was recognised when he was asked to chair the Manchester Law Society conference on deafness claims in October 2016 where Professor Lutman was a guest speaker on his updated CLB Guidelines.
Henry has particular experience of COSH claims having acted in a large volume of asthma and dermatitis claims over the last five years. Over these years Henry has gained an in-depth understanding of the medical, engineering and factual evidence required to support these claims. He has a particular interest in the Enterprise and Regulatory Reform Act 2013 and the likely effect it will have on occupational illness litigation and he has hosted a number of seminars on this topic.
He also acts in repetitive strain injury cases and vibration syndrome claims for claimant and defendant clients.
Malcolm Hill v Penketh Precision Engineers Ltd (Deputy District Judge Taskeen 22 July 2016 Liverpool County Court)
Acting for the Defendant successfully struck a noise induced hearing loss claim out where judgment had actually been entered. The Judge was persuaded that correct service had not taken place and that the claim was out of time.
Magee v The British Pepper and Spice Company (Rec Le Poidevin QC 29 September 2016 Northampton County Court)
Represented the Claimant in an occupational asthma claim where breach of duty and causation were disputed. Respiratory Physicians had to be cross examined at trial. Following a successful late application to amend the pleadings the claim was successful.
Patel v Flakt Woods Limited (District Judge Severn 19 August 2016 Leicester County Court)
Representing the Defendant relied upon the authority of Peaktone v Joddrell to set aside judgment in a noise induced hearing loss claim where the hearing to restore the Defendant company was listed the next business day.
Childs v Brass & Alloy Pressings (Deritend) Ltd (DJ Kelly 21 December 2015 Birmingham County Court).
Represented the Claimant instructed by Roberts Jackson solicitors. The court found Mr Childs’ injury was not de minimis when his hearing loss of 1, 2 and 3 kHz was less than 3 dB.
Briggs v RHM Frozen Foods (HHJ Coe QC 30 July 2015 Sheffield County Court)
Henry successfully challenged the application of Hughes v RCT in a case involving NIHL at 4kHz. He was involved with cross examining competing ENT surgeons over three days and exploring the application of de minimis in deafness litigation.
Acting for Claimants and the NHS in complex clinical negligence claims. Henry has experience of acting at inquests protecting clients interests in clinical negligence claims. The cases Henry has acted in have involved nearly all major medical specialities, including orthopaedics (adult and child), obstetrics and gynaecology, urology, ophthalmology, general surgery, hepatobilliary surgery, infectious disease, cosmetic and reconstructive surgery. He also has a specialist interest pharmacists’ negligence.
Matthew Walsh v Betsi Cadwalard University Local Health (District Judge Iyer 6 July 2016 Manchester County Court)
Acting for the Defendant successfully argued to limit the Claimant to incurred costs at a costs and case management conference in a claim for a secondary victim psychiatric injury arising from clinical negligence relying on the recent decision of Sarpd Oil v Addax Energy.
Aleisha Whamond (Rochdale Coroners Court 2015)
Acting for the Claimant in an Article 2 inquest following a death in a psychiatric hospital where the regularity of nursing checks and record keeping following a review of the CCTV was in issue. Representing the family in challenging circumstances with the possibility of a clinical negligence claim arising out of the death.
Foolchand v North Middlesex University Hospitals NHS Trust (District Judge Oldham 16 September 2015 Sheffield County Court)
Acting for the Defendant in a claim for negligence for damages for a brachial plexus injury during an induced labour (at 38 weeks) causing the Claimant to develop right-sided Erb’s palsy. The Claimant sought to make a late amendment to the case following the landmark decision in Montgomery v Lanarkshire Health Board.
McGowan v Dr Walters (Manchester High Court)
Representing the Claimant in a high value claim for alleged clinical negligence leading to cauda equine syndrome. The claim involves complex medical and factual evidence and has a potentially high value.Book BarristerBack to top
Henry is experienced in dealing with cases involving the most serious injuries and greatest losses. He believes a relaxed and caring bedside manner is crucial in cases involving serious injury. He frequently travels to see Claimants at home or close to their home if travel is an issue and a telephone conference would be inappropriate.
When acting for Defendants Henry prides himself on providing realistic advice from an early stage. He is regularly instructed to attend Joint Settlement Meetings and regularly appears in CCMCs across the country. Henry is comfortable with cost budgets in excess of £500,000 and budgeting hearings involving in excess of five parties.
McMurray v Padiham Cotton Holding Company Limited (Liverpool High Court)
Appearing as Junior on a serious brain injury case listed for two weeks in the High Court where judgment was eventually entered for £2 million.
Weston v Ardmore Construction Limited (Northampton County Court)
Successfully argued for significant insurance payments to be ignored following the Gaca v Pirelli General Plc case in achieving a compensation award of £375,000.
Rook v Ministry of Defence (Newcastle County Court)
Henry is acting for an injured army veteran who has been discharged from the army on account of his injuries. The claim raises an interesting point in that the MOD deny that the Claimant was discharged from the army on account of his accident related injuries but seek to offset an AFCS payment.
Ironmonger v Persimmon Homes Essex (Preston County Court)
Acting for a construction site manager in a claim for serious head injuries following the collapse of a steel brace.
Davies v Nicholson (Birkenhead County Court)
Appearing for the Defendant in a claim involving alleged exacerbation of pre-existing brain injury and personality disorder. Using neuro-psychological and neurological evidence to challenge the lay witness evidence.
Paul Barker v Karl Dalely (Manchester County Court)
Acted as Junior Counsel for the Defendant in a claim pleaded at in excess of £1.5 million. Liability was admitted for a road traffic accident but the Claimant suffered significant injuries including compartment syndrome and required a spinal cord stimulator. Each party had experts in six different disciplines.
Rudd v Ministry of Defence (Manchester County Court)
Henry acted on behalf of an injured army veteran discharged from the army on account of his injuries and achieved a significant settlement following JSM applying a full Ogden 7 calculation.Book BarristerBack to top
Court of Protection
Henry has a developing Court of Protection practice in all fields of Court of Protection work, including property and affairs, health and welfare, serious medical treatment, and associated human rights matters. Henry regularly advises and appears on behalf of Local Authorities, Professional Deputies, and individuals and their families.
With his background in personal injury and clinical negligence Henry has a particular interest in claims advanced and contested under the Human Right Act for damages against health trusts and Local Authorities within COP proceedings or in parallel to COP proceedings. Henry has an in-depth understanding of the Civil Procedure Rules which assists in understanding these claims.
With a background in civil claims Henry is also well placed to advise on the increasing trend for costs arguments in COP cases made on behalf of respondents and applicants. Henry also has experience of large personal injury trusts and financial deputyship.
Due to the nature of the issues involved, Henry is happy to advise on an urgent basis and to undertake advisory and drafting work to short timescales.Book BarristerBack to top