Clerking team

Chris Shaw
Chris Shaw

Senior Clerk – Civil, Commercial & Employment Clerk

Martin Craggs

Assistant Senior Clerk

Jennifer Carr

Civil Clerk

Matthew Smith

Civil Clerk

Amie Finch

Junior Civil Clerk

“Recommended Expert.”

Legal 500, 2024 (Personal Injury)

Strengths: “He provides sensible arguments and is pragmatic in approach.”

Chambers UK Bar, 2024

Having read law at Liverpool University, Peter was called to the Bar by Middle Temple in 1983. His practice covers all the traditional areas of personal injury litigation including fatal accidents, catastrophic injury and disease. Interrelated fields of specialisation are product liability, insurance policy coverage, inquests, HSE prosecutions and criminal injuries compensation claims. Peter has extensive experience of high value claims arising from brain injury, spinal injury, loss of limbs and chronic pain conditions such as fibromyalgia, complex regional pain disorder, somatoform and functional neurological disorders. The majority of his caseload carries a value ranging between £100,000 – £1,000,000. He is however frequently instructed in claims valued at £1 – 5million. Peter receives instructions on behalf of both Claimants and Defendants.

Personal injury

Peter is a personal injury specialist covering all of the normal, and some of the less obvious areas of this wide ranging field of practice. He has extensive experience of employers’ liability, public liability, sports injury and road accident claims. He also deals with product liability injury claims, fraudulent claims (including staged accidents) and psychiatric/nervous shock claims. He has a particular interest in motor sport claims.

The majority of his caseload has a value ranging between £50,000 – £1,000,000. He is however frequently instructed in claims valued at £1 – 5m. He receives instructions on behalf of Claimants and Defendants.

In these challenging days of close scrutiny and case management by the Courts with pressure to achieve cost effective early settlement, careful initial preparation and fine tuning of expert evidence are often the key to a successful outcome. Accordingly, in addition to traditional court work, Peter is often heavily engaged in the cost management process, conferences with experts, production of schedules/counterschedules of loss, liaising on trial preparation and conducting settlement meetings/mediations.

Cases

Ajayi v Nkoy/AXA Insurance (2023): Road traffic accident. C, a Nigerian national, suffering life threatening lower limb injuries when crushed between a vehicle driven by D and a parked car. D alleging he had been temporarily blinded following an aerosol spray attack by a third party. D’s motor insurance obtained fraudulently. MIB/Article 75 insurer involvement. Disputed medical evidence regarding extent of C’s residual disability. Substantial loss of earnings claim potentially undermined by C’s lack of UK residency status and/or permit to work.

Shackleton v Laser Tradeco (2023): Employers’ liability claim. C contracts acute hepatitis and permanent disabling liver damage following alleged exposure to stagnant sewage and rat excrement whilst performing maintenance work in basement of D’s Hotel premises. Multiple liability issues regarding chronology of events,  extent of exposure, nature of hazardous substances involved, adequacy of personal protective equipment, diagnosis and causation of C’s illness. Disputed expert evidence from medical, occupational hygiene and environmental health professionals. Ongoing – liability trial pending.

Lloyd v CICA (2023): Criminal injuries compensation appeal on behalf of Applicant suffering effects of shaken baby syndrome following an assault by his natural parents when aged just 10 weeks. Acute sub-dural haemorrhaging resulting in TBI and permanently compromised cognitive, behavioural and developmental function. Neuropsychological and neuropsychiatric experts struggling to discriminate between constitutional and injury related deficits, and to provide a reliable prognosis given the Applicant’s tender age (10.5 years at hearing date).

Jadran v West (2021): C suffering traumatic brain injury in vehicle versus pedestrian road accident, C having run from nearside pavement into path of oncoming motorcycle. Liability and quantum issues complicated by C’s pre-existing congenital blindness in left eye and severely restricted vision through glaucoma in right eye (explaining why he might have failed to see the approaching motorcycle). Defective eyesight also potentially compromising C’s otherwise substantial claims for continuing lost earnings and care/support. Claim settled.

Flynn v Devine (2020): C suffering traumatic brain injury in road accident. Medical picture clouded by previous severe brain injury suffered 25 years earlier, and by C’s continuing consumption of alcohol. Disputed lay evidence regarding contrast between C’s pre accident and post accident levels of physical/cognitive functioning.  Heavily disputed medical evidence regarding severity of psychological, behavioural and cognitive impact of accident upon C. Settled.

Griffiths v Slab Promotions/Gleave (2020): C struck and critically injured by falling tree. Claim against occupier of land. Factual issues regarding maintenance of tree, prevailing weather conditions at the time of the accident and allegedly defective/diseased condition of the relevant and surrounding trees. Expert arboriculture and meteorological evidence. Duty of care applicable to non professional landowner. Claim settled at JSM.

Nazir v Blackburn BC (2019): Defence of fundamental dishonesty based upon unrealistically excessive claim for gratuitous care following injury. Defence supported by inconsistent medical records and covert surveillance evidence. FD found to be established following trial, but Court also finding “substantial injustice” exception pursuant to Section 57(2) of Criminal Justice and Courts Act 2015 and therefore proceeding to make discounted award of damages. Concluded following trial March 2019.

Batley v Wright (2017): High value claim. Allegation of fundamental dishonesty. Video evidence. Non disclosure of previous criminal record and lengthy imprisonment.

Stott v Huntsmere & Os (2017): Severe injury sustained due to collapse of flooring during engineering construction project. Contractor dispute – failure to warn etc.

Jarrett/Elliott v Palfinger Tail lifts (2016): Fatal accident claim relating to suicide, allegedly precipitated by psychiatric illness, triggered through modest soft tissue injury sustained at work.

Kennedy v Grzebisz (2014): High value injury claim involving controversial expert evidence on life expectation in the context of C’s obesity, smoking and alcohol related lifestyle risks.

Hewison/Trevorrow v Welch (2014): Single vehicle, multiple fatality road accident claim following unexplained loss of control in quiet daylight conditions on M6 motorway.

Dutton v Fiat (2014): Product liability personal injury claim on behalf of motor cyclist struck by spare wheel which spontaneously detached from vehicle travelling ahead.

Mitchell & Os v United Co-operatives (2012) EWCA Civ 348: Lead action in series of generic claims pursued by shop workers suffering psychiatric injury following exposure to robbery incidents.

Sellars v Surgicare (2012): Product liability claim arising from defective implants used during breast augmentation procedure.

Robinson v MOD (2011): Nervous shock claim following catastrophic explosion on board naval submarine.

Re Bussey (deceased)(2010): Inquest into death by scalding of resident in retirement home.

Battersby v MOD (2010): Fatal accident claim arising out of helicopter accident during military operations against insurgents in Iraq. Issues of combat immunity, human rights etc.

Dean and Harrington v CRG (2008): Employers’ liability – catastrophic injuries sustained during terrorist attack in Iraq – nature of employer’s duties to employee.

HSE v Edeco (2008): Breaches of HSWA s2 and s3 – major civil engineering project – fatal crushing accident – exceptional aggravating features.

Hyldon v MOD (2007): Employers’ liability – parachuting accident – mitigation of loss – loss of congenial employment – loss of chance – career model quantification.

McManus v Mannings Marine (2001) EWCA Civ 1668: VWF – limitation – date of knowledge – exacerbation of injury by successive employers.

NSP Enterprises v Mainline Buses (2000) LTL: RTA – liability of bus driver – treacherous icy conditions – vehicle sliding from stationary.

Product Liability

Peter has wide ranging experience of product liability litigation relating to a variety of fire damage, damage to property and injury claims.

The majority of his caseload has a value ranging between £50,000 – £1,000,000. He is however frequently instructed in claims valued at £1 – 5m. He receives instructions on behalf of Claimants and Defendants.

In these challenging days of close scrutiny and case management by the Courts with pressure to achieve cost effective early settlement, careful initial preparation and fine tuning of expert evidence are often the key to a successful outcome. Accordingly, in addition to traditional court work, Peter is often heavily engaged in the cost management process, conferences with experts, production of schedules/counterschedules of loss, liaising on trial preparation and conducting settlement meetings/mediations.

Cases

Dutton v Fiat (2014 cont’g): Product liability personal injury claim on behalf of a motorcyclist struck by spare wheel which spontaneously detached from vehicle travelling ahead.

Holden v Lylevale (2014 cont’g): Public liability – exploding shotgun – Consumer Protection Act 1987 strict liability.

Sellars v Surgicare (2012): Product liability claim arising from defective implants used during breast augmentation procedure.

Baxenden Chemicals v NEM (1994): Product liability fire claim – defective insulating materials – professional negligence – insurance broker – material non disclosure – waiver of entitlement to avoid.

Disease

Peter is a disease specialist covering all of the traditional areas including asbestos, asthma, dermatitis, HAVS/VWF, RSI, stress at work etc.

The majority of his caseload in these fields has a value ranging between £25,000 – £100,000. He is however frequently instructed in claims valued at £1 – 5m. He receives instructions on behalf of Claimants and Defendants.

In these challenging days of close scrutiny and case management by the Courts with pressure to achieve cost effective early settlement, careful initial preparation and fine tuning of expert evidence are often the key to a successful outcome. Accordingly, in addition to traditional court work, Peter is often heavily engaged in the cost management process, conferences with experts, production of schedules/counterschedules of loss, liaising on trial preparation and conducting settlement meetings/mediations.

Cases

Hoskins v Alfred Mcalpine (2017): Defective service – dispute regarding submission to the Court’s jurisdiction by service of Defence, even if defective service raised as an issue. Relief from sanctions CPR 3.9.

Aston v AGCO (2016): VWF/HAVS Limitation, actual/constructive knowledge.

Garside v Rolls Royce (2014): Dermatitis – COSHH – Personal Protective Equipment at Work.

Johnson v Lancashire County Council (2013): Asthma – Exposure to wood dust – hard/soft wood – application of COSHH Regs.

Thompson v Renwick Group (2013): Asbestos – Duty of care – assumption of responsibility by parent company for acts/omissions of subsidiary.

McManus v Mannings Marine (2001) EWCA Civ 1668: VWF – limitation – date of knowledge – exacerbation of injury by successive employers.

Catastrophic & fatal accidents

Peter has an extensive personal injury practice comprising high value and catastrophic injury claims arising from eg. brain injury, spinal injury, loss of limbs and chronic pain conditions such as fibromyalgia, complex regional pain disorder, somatoform pain disorders etc.

The majority of his caseload has a value ranging between £50,000 – £1,000,000. He is however frequently instructed in claims valued at £1 – 5m. He receives instructions on behalf of Claimants and Defendants.

In these challenging days of close scrutiny and case management by the Courts with pressure to achieve cost effective early settlement, careful initial preparation and fine tuning of expert evidence are often the key to a successful outcome. Accordingly, in addition to traditional court work, Peter is often heavily engaged in the cost management process, conferences with experts, production of schedules/counterschedules of loss, liaising on trial preparation and conducting settlement meetings/mediations.

Cases

Shaw/Kelsall v Weatherspoons (2023): Public liability claim. Fatal accident claim following the Deceased’s fall down steep staircase during stag party at D’s premises in Bournemouth. Breach of Buildings Regulations (introduced after construction of premises). History of accidents on staircase with failure to take remedial action. Evidence of Deceased’s considerable intoxication. Problematic interplay of liability issues relating to breach of duty, causation and contributory negligence.  Apportionment of damages between adult and minor dependants. Claim compromised and approved.

Rosbotham v Jones (2023): Road traffic accident. C knocked down crossing a busy road at night, but no recollection of the incident. Conflicting and irreconcilable witness evidence regarding the collision, and an absence of physical evidence to warrant expert accident reconstruction. C suffering serious orthopaedic and an alleged but disputed traumatic brain injury. Picture confused by pre-accident history of educational under achievement, drug abuse, feckless lifestyle, poor work record and episodic imprisonment. Medical causation disputed. Position further complicated owing to C’s pre-trial death through drug overdose, and possibly intentional suicide. Liability and quantum compromised.

Creeney v MOD (2017): Serving soldier injured in Afghanistan when struck by Foxhound military vehicle. Elective amputation of one leg, injury to other limbs. Initial combat immunity issue.

McKeever v Sykes Lee Brydson (2017): Claimant triplegic following accident during competitive motorcycle race. Original claim abandoned after 6 years with adverse costs of £400,000. New claim against former Solicitors for negligent conduct of claim and failure to secure ATE insurance cover.

Coyle v Rimmer (2016): Infant brain injury claim. 70/30 compromise on liability, favouring D. Polarised medical evidence on potential for further rehabilitation and reasons for unsuccessful trial of independent living.

Kennedy v Grzebisz (2014): High value injury claim involving controversial expert evidence on life expectation in the context of C’s obesity, smoking and alcohol related lifestyle risks.

Hewison/Trevorrow v Welch (2014): Single vehicle, multiple fatality road accident claim following unexplained loss of control in quiet daylight conditions on M6 motorway.

Dutton v Fiat (2014): Product liability personal injury claim on behalf of motor cyclist struck by spare wheel which spontaneously detached from vehicle travelling ahead.

Robinson v MOD (2011): Nervous shock claim following catastrophic explosion on board naval submarine.

Dean and Harrington v CRG (2008): Employers’ liability – catastrophic injuries sustained during terrorist attack in Iraq – nature of employer’s duties to employee.

Hyldon v MOD (2007): Employers’ liability – parachuting accident – mitigation of loss – loss of congenial employment – loss of chance – career model quantification.

Fraud

Peter has a wide knowledge of, and a long standing reputation for dealing with fraudulent, fabricated and exaggerated claims.

Allegations of dishonesty are an integral part of personal injury litigation, ranging from fictitious and staged accidents through to fabricated medical conditions/symptoms and artificially exaggerated losses. Such allegations are even more prolific in this age of surveillance and social media. They require attention to detail at pleadings, evidential assessment, review of lay and expert witness, and forensic cross-examination stages.

Peter is well acquainted with these issues and can provide relevant and insightful tactical guidance/input into the preparation and trial of such cases.

Health & safety

Peter is regularly instructed to defend HSE prosecutions on behalf of individual and corporate clients.

Cases

HSE v JSF/Lancaster (2013): Prosecution relating to traumatic amputation of minor’s fingers in automatic band saw.

HSE v Smith (2010): HSE prosecution following catastrophic collapse of building during construction process.

HSE v Edeco (2008): Breaches of HSWA s2 and s3 – major civil engineering project – fatal crushing accident – exceptional aggravating features.

Inquests & coronial

In tandem with his extensive personal injury/fatal accident practice, Peter is regularly instructed to appear at inquest hearings.

Cases

Re Suthon (deceased) (2012): Inquest arising out of unexplained fall from height in warehouse premises.

Re McMenemy (deceased) (2011): Death following fall from mobile elevated working platform.

Re Jones (deceased) (2011): Investigation into death soon after discharge from hospital – undetected infection.

Re Bussey (deceased) (2010): Inquest into death by scalding of resident in retirement home.

Professional negligence

Peter has substantial experience of claims for and against insurers/brokers arising out of refusal of indemnity, material non disclosure, policy avoidance etc.

The majority of his caseload has a value ranging between £50,000 – £1,000,000. He is however frequently instructed in claims valued at £1 – 5m. He receives instructions on behalf of Claimants and Defendants.

In these challenging days of close scrutiny and case management by the Courts with pressure to achieve cost effective early settlement, careful initial preparation and fine tuning of expert evidence are often the key to a successful outcome. Accordingly, in addition to traditional court work, Peter is often heavily engaged in the cost management process, conferences with experts, production of schedules/counterschedules of loss, liaising on trial preparation and conducting settlement meetings/mediations.

Cases

McBride v Lancs Teaching Hospital (2017): Clinical negligence. Missed diagnosis of Basilar Artery Occlusion resulting in C suffering permanent paralysis and locked in syndrome with distressing preservation of cognitive function and insight.

Kenworthy v Salford NHS Trust (2016): Clinical negligence. Delayed diagnosis of cancerous haemango-blastomas. Provisional damages. Psychiatric consequences – disproportionate fear of death.

Waterman v Britannia (2013): Claim for value of goods lost/destroyed whilst in storage – misrepresentation of insurance cover – duty of care towards owners – Hedley Byrne v Heller liability.

Bluebell Developments v Canopius (2012): Claim for value of residential development destroyed by fire – refusal of indemnity – material non disclosure – broker negligence.

Breach v Lloyds TSB General Insurance (2002): Fire damage – fraudulent insurance claim – avoidance of policy.

Baxenden Chemicals v NEM (1994): Product liability fire claim – defective insulating materials – professional negligence – insurance broker – material non disclosure – waiver of entitlement to avoid.

Costs

Peter has significant experience of costs disputes in the civil spectrum (particularly personal injury and clinical negligence). His experience includes fraud, Precedent H disputes, ATE and BTE insurance, advising on Part 36 Offers, costs management disputes and a detailed knowledge of the Civil Procedure Rules’ costs provisions.

Memberships

  • Personal Injury Bar Association
  • Professional Negligence Bar Association