Hollie Birkett

Hollie undertakes work in a full spectrum of personal injury claims on both private and CFA basis including:

• Road traffic accidents including multi-vehicle collisions, claims against the MIB, and counter-fraud cases
• Employer’s liability claims for defective or unsuitable equipment, manual handling injuries, slips, trips and falls, construction site accidents, vicarious liability for an employee’s negligence
• Occupiers’ liability claims occurring on licensed premises, supermarkets, local authority-owned premises, and by mobile workers at a customer’s premises
• Claims for personal injuries caused by defective products under the Consumer Protection Act 1987 and claims for breach of implied terms under the Consumer Rights Act 2015
• Defective premises claims by tenants against landlords who fail to comply with contractual obligations
• Claims relating to animals under the Animals Act 1971 or common law negligence
• Claims for negligence or breach of contract in respect of failing to provide services with reasonable care and skill

The type of work in which Hollie receives instructions for include drafting, advising, interim applications, case and costs management hearings, and trials. She has also advised, and represented, clients on appeals within the County Court.

Hollie is capable of grappling with complex schedules of loss, both presenting them in a clear, persuasive and mathematically sound manner and challenging them.

Illustrative cases

Newbold v East Midlands International Airport: Judgment at trial for the Claimant arising out of a workplace slipping accident on ice on runway at East Midlands Airport.

Midgelow v Kodali Enterprises: Advising Claimant on quantum in claim for physical and psychiatric injuries caused by the Defendant providing inadequate care services, value around £100K.

Jablonska v Aviva Insurance Limited: Achieved dismissal of claim arising out of RTA and finding of fundamental dishonesty against Claimant.

Kinson v W W Tabener & Sons: Drafting particulars of claim and schedule of loss in claim arising out of trampling by herd of cow, value around £100K.

Greig v Pigs in the Wood: A successful claim pertaining to injuries sustained during an attack by a pig at a pig sanctuary. Advised on prospects and drafted particulars of claim.

Tasnim v UK Insurance Limited: Advising on quantum of orthopaedic, neurological, and psychological injuries sustained as a pedestrian in a road traffic accident.

Instructions have been received largely for dental negligence claims and professional negligence claims for cosmetic, laser, and beauty treatments. Hollie therefore has strong foundations on which to expand her clinical negligence practice.

Illustrative cases

Mussa v (1) Windsor Dental Practice (2) Gupta: Drafting letter of claim and particulars of claim for each defendant in dental negligence claim and advising on quantum.

Arshad v Blushers Limited: Drafting particulars of claim in relation to negligent laser hair removal treatment.

Emery v Barlaston Clinic: Successful dismissal at trial of claim relating to laser tattoo removal treatment.

A Minor v Barts Health NHS Trust: Advising on quantum in ongoing multi-track claim for injuries sustained during birth as a result of negligent treatment and/or advice.

During pupillage, Hollie was heavily exposed to industrial disease cases, in particular noise-induced hearing loss claims. She has demonstrated her strength and competence as an advocate in disease cases early in her career and is regarded as a specialist in this field.

Hollie continues to be instructed frequently in NIHL cases for CCMCs, interim applications, and limitation only and all-issues trials. Her disease practice has since extended to hand-arm vibration syndrome, stress at work, mesothelioma and COSHH cases.

Illustrative cases

Najib v ABF Products Limited: Dismissal of claim following a successful limitation defence resolved at the trial of a preliminary issue.

Wadsworth v Dennis Eagle Limited: Dismissal of NIHL claim trial on all issues.

Pearson v Bee World UK Limited: Defence and counter schedule in COSHH claim.

Easey (decd) v London Borough of Lambeth: Defence and counter schedule in High Court mesothelioma claim.

Phillip v North Tyneside Council: Advising and drafting particulars of claim in £50K stress at work claim.

Booth v Royal Mail: Advising and drafting particulars of claim in stress at work claim worth up to £150K.

Jacobs Field Services Limited v Derbyshire Floorcraft Limited: Drafting particulars of claim for contribution under Civil Liability (Contribution) Act 1978 towards damages and costs of over £250K paid out for workplace personal injury claim to a third party.

Hollie has a comprehensive knowledge of the GDPR and data protection regimes, misuse of private information and breach of confidence case law. She is instructed by both claimants and defendants in individual claims to provide advice, drafting, and advocacy services. In addition, Hollie has advised in ongoing group litigation stemming from large-scale data breaches against a local authority and a well-known telecommunication company.

She has an excellent track record in interim applications for strike out and trials.

Illustrative cases

BR v Hampshire County Council: Judgment for the Claimant in a two-day data protection trial where the Defendant was found to have made the Claimant’s new address available to her abusive ex-partner. Involved in drafting and advising throughout the life of the claim.

Martin v Chorleywood Golf Club: Judgment for the Claimant in a data protection and misuse of private information claim where the Defendant, the Claimant’s employer, disclosed her name, address, and a detailed breakdown of her income over several years to prospective candidates for her job. Involved in drafting and advising throughout the life of the claim.

Smith v An Daras Academy Trust: Judgment for the Claimant in a claim for damages arising out of the Defendant’s disclosure of her job application to her then-employer, which led to her unfair dismissal. Involved in drafting and advising throughout the life of the claim.

Allen v Sandwell Children’s Trust: Two claims setting out identical facts and allegations of breach of the Data Protection Act 2018 against the same Defendant struck out. Against a background of previous identical claims which had also been struck out, the two claims were certified as totally without merit and an abuse of process.

Hackett v Westmorland & Furness Council: Strike out of claim for damages for distress for delayed response to SAR with costs order against the Claimant.

Irwin v Durham County Council: Dismissal of a claim for breach of confidence relating to the alleged disclosure of the Claimant as the source of a safeguarding report.

• LLB Law, 2014-2017,  University of Nottingham: Upper Second Class Degree. First in five of seven core modules.
• LLM Law/BPTC, 2017-2018, Nottingham Law School, Nottingham Trent University: Master’s Degree with Distinction.

Hollie was a recipient of the Nottingham Law School Dean’s Professional Courses Scholarships for Academic Excellence whilst undertaking the BPTC.

Outside of work Hollie enjoys travelling and immersing herself in new, and historic, cultures. She is also a keen gym-goer and passionate football fan.

As a result of being a police cadet from 2011 to 2013, Hollie understands the importance of discipline, punctuality, and interpersonal skills. Her time as a cadet also gave her a unique insight into policing and community support services.