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Overview

Philip has over 20 years’ experience of personal injury cases and specialises in high value personal injury actions, clinical negligence claims and industrial disease cases, including Group Actions.  He has been cited as a Leader at the Bar in the field of Personal Injury work for many years.

He was a Bar Standards Board appointed External Moderator for the Bar Professional Training Course (Civil Litigation) from 2010 – 2012 and, with Marc Howe, was appointed to reformulate the syllabus for the Civil Litigation module on the BPTC course in 2014.

He has delivered annual lectures on Drafting to the Bar Professional Training Course at Nottingham Trent University and the Kaplan Law School in London.  He has also delivered a Guest Lecture to the students of the University of Darwin, Northern Territories, Australia, on the subject of Tort law.

He has been a voluntary adviser at the Hyson Green Law Centre since 1990.

Personal Injury

Philip specialises in all aspects of personal injury and clinical negligence work, with specialist experience of just about every category of case.

He acts for both Claimants and Defendants, and his practice encompasses all forms of interlocutory and trial work.  He specialises particularly in high value and disease cases and has particular interest in cases involving injuries to the spine.

He has long experience of claims arising from child abuse and in Group Actions including:

  • North Wales Children’s Homes Litigation (third tranche, appeals arising from abuse at the Bryn Alyn group of homes)
  • South Wales Children’s Homes Litigation (all claims, 5 groups of homes/local authorities)
  • Dulwich College Preparatory School Claims
  • Barnado’s Litigation (North East)

The Bryn Alyn Litigation, above, went to the Court of Appeal twice, initially on issues of liability, limitation and quantum, and subsequently on issues of enforcement pursuant to the Third Party (Rights Against Insurers) Act 1930.

Clinical Negligence

Philip undertakes all aspects of clinical negligence work, with over 20 years’ experience of such cases.  He acts for both Claimants and Defendants in all forms of interlocutory and trial work.  Recent examples include:

  • A multi-million pound claim for negligent failure to identify post-birth hypoglycaemia in an at risk infant, causing lasting brain damage
  • A negligent failure to diagnose critical limb ischaemia by a GP, leading to amputation of the forefoot

Disease

Philip is a specialist practitioner in industrial disease cases and one of the country’s leading Junior barristers in this area of practice.  He has been routinely recognised as a Leader in this field by his peers and by published Guides to the Legal Profession. 

He is familiar with all categories and types of industrial disease related work, including but not limited to asbestos related injury, noise induced hearing loss/tinnitus, hand-arm vibration syndrome, dermatitis, respiratory disease, occupationally induced carcinoma and stress related injury.

He has acted extensively for the steel, rail and ship-building industries in relation to Asbestos, NIHL and HAVS claims in particular and for the nursing and related professions in relation to dermatitis and related claims.

He has particular expertise in limitation issues.

He has acted for the Defendants in several Group Actions including:

  • Christie Tyler Litigation (Cardiff District Registry 2009-2010 - Hand-arm vibration claims from some 30 Claimants, tried initially in relation to limitation and subsequently as to liability, causation and quantum)
  • Europackaging Litigation (Birmingham District Registry 2010 - onwards - Litigation involving some 56 Claimants alleging noise induced hearing loss attributable to employment)
  • Scania Litigation (Newcastle District Registry 2004–2005 - Multi-party action of over 600 Claimants arising from ergonomic cab design. Advised and represented five of the Defendants)

He has additional experience in the application of generic directions to actions proceeding outside CPR Part 19, having been expressly involved in the application of generic directions to noise induced hearing loss cases in the South Wales (the “Masterman directions”) and Sheffield areas in the late 1990’s.  He represented the “Coats Defendants” at the outset of the Nottinghamshire and Derbyshire Industrial Deafness Litigation (when it was determined to proceed by way of test cases rather than as Group litigation).

Counter Fraud

Philip is an expert advisor and advocate in relation to claims involving fraudulent conduct, of which he has extensive experience.  A particular strength is his ability to work closely with solicitors and insurers to address and defeat such claims, whether arising entirely from fraudulently behaviour (staged accidents, phantom claims etc), or including a fraudulent element (malingering, unlawful credit hire etc).

He is knowledgeable in relation to investigative techniques and surveillance and their deployment to best effect in litigation.

Criminal Regulatory

Philip is very experienced in defending and mitigating health and safety prosecutions, representing clients in prosecutions brought under the Health & Safety at Work Act 1974, Management of Health & Safety at Work Regulations, various incarnations of the Equipment, Construction and Hazardous Substances Regulations, Control of Asbestos Regulations 2006 and the Workplace (Health, Safety and Welfare) Regulations 1992 amongst others.

He recognises particularly the importance of working closely with a lay client to ensure that maximum benefit is obtained from both written and oral advocacy.

Recent cases include:

  • 10 day Inquest into a death arising from a scaffolding collapse in Milton Keynes, with the involvement of the HSE as an interested party
  • Prosecution arising from the death of an employee whilst operating a train at a steelworks depot, the accident arising from a defective points and causing a full derailment
  • Large Crown Court prosecution, involving five Defendants, including two multi-national companies, arising from the discovery and clearance of asbestos from a motorway service station
  • Crown Court prosecution arising from a serious degloving injury caused by an unguarded mixer
  • Full contested trial arising from injury to a maintenance engineer undertaking work to a conveyor belt, whose hand became trapped in the unguarded drive gear for the conveyor
  • 3 day Inquest into a death on the railway, when a delivery van left the road, falling onto the track and into the path of an oncoming train
  • Prosecution arising from the death of an employee crushed against the warehouse ceiling whilst operating a warehouse “picker” crane

Additionally, he undertakes representation before Inquests and Disciplinary Tribunals, including Professional Conduct Committees.

Notable Cases

Philip has appeared in a range of notable cases including:

Jolly v Harsco Infrastructure Services Limited [2012] EWHC 3086; (2012) LTL 8-11-2012 Cranston J. (civil procedure; personal injury; Part 36)

Cairns-Jones v Christie Tyler South Wales West Division Ltd [2010] EWCA Civ 1642; (2010) LTL 27-2-2012 (personal injury; Group litigation; industrial deafness; limitation)

Smith v Skanska Construction Services Limited [2008] EWHC 1776, (2008) LTL 5- 8-08 - Ouseley J. (retrial of Smith v Kvaerner, below) (personal injury; road traffic; Thai Law; effect of Defendant’s claim on Thai motor insurance policy upon Claimant’s action in UK for negligence; approbation and reprobation; ratification of torts; abuse of process)

KR & others v Royal & Sun Alliance Plc [2007] PIQR P14; [2007] Bus LR 139 - Court of Appeal (Appeal from Simon J. - [2006] EWHC 48) (child abuse; effect of exclusion clause in insurance policy where abusers were directors/managers of Defendant company)

Smith v Kvaerner Cementation Foundations Ltd, Bar Council intervening [2007] 1 W.L.R. 370; [2006] 3 All E.R. 593; [2006] C.P. Rep. 36; [2006] B.L.R. 244; [2006] A.C.D. 51; (2006) 103(14) L.S.G. 33; (2006) 156 N.L.J. 721; [2006] N.P.C. 35 - Court of Appeal (recusal; apparent bias of tribunal; waiver)

Coulson v Griffiths (2003) LTL 26-11-03 (personal injury; whether road traffic accident caused by automatism attributable to encephalitis)

S v Bryn Alyn Community (Holdings) Limited (2003) LTL 7-5-03 – Burnton J. (application of Group Litigation Order to historical child abuse claims)

KR & others v Bryn Alyn Community (Holdings) Limited [2003] Q.B. 1441; [2003] 3 W.L.R. 107; [2004] 2 All E.R. 716; [2003] 1 F.L.R. 1203; [2003] 1 F.C.R. 385; [2003] Lloyd's Rep. Med. 175; [2003] Fam. Law 482 - Court of Appeal (child abuse in childrens’ homes; liability; limitation; knowledge of significant injury/discretion to disapply limitation period; quantum of damages)

James v Starbuck [2002] 6 QR 6 (personal Injury; brain injury; loss of opportunity in employment; damages)

Long v Tolchard & Sons Ltd [2001] PIQR P18 - Court of Appeal (fresh evidence; limitation; discretion to disapply limitation period)

Milner v Hepworth Heating Ltd (1998) LTL 28-7-98 - Court of Appeal (limitation; noise induced deafness)

Wilson v Governors of the Sacred Heart RC School [1998] 1 F.L.R. 663; [1998] E.L.R. 637; [1998] P.I.Q.R. P145; [1998] Fam. Law 249 - Court of Appeal; (education; teacher’s duty to supervise)

Recommendations

Recent recommendation for Philip include:

“He is very user-friendly, and has a good rapport with clients." "Arguing technical procedural points is a key strength of his.’

Chambers and Partners 2015 – Personal Injury

“Totally professional and very thorough.’

Legal 500 2015 – Personal Injury and Clinical Negligence

Continues to be recognised for his specialist expertise in a variety of areas, including complex disease work for defendants, catastrophic spinal injury claims, and cases relating to child abuse.

Chambers and Partners 2014 – Personal Injury

Philip Turton specialises in high-value personal injury work, and is ‘a strong advocate’.

Legal 500 2014 – Personal Injury and Clinical Negligence

Philip Turton concentrates his practice on high-value claims relating to spinal injuries.  He also has considerable expertise to claims relating to child abuse.

Chambers and Partners 2013 – Personal Injury

Commentators respect Philip Turton’s judgement in industrial disease and child abuse claims.

Chambers and Partners 2012 – Personal Injury

The set’s top juniors include Philip Turton, who proves ‘competent, hard-working and reliable’.

Chambers and Partners 2011 – Personal Injury

"He is my absolute barrister of choice. He is a man of incredible presence and gravitas. He has exceptional cross-examination abilities and is extremely persuasive."

Chambers and Partners 2016 – Personal Injury

Areas of Work

  • Personal Injury
  • Clinical Negligence
  • Disease
  • Counter Fraud
  • Criminal Regulatory

Professional Memberships

  • Personal Injuries Bar Association
  • Professional Negligence Bar Association
  • Health and Safety Lawyers Association
  • Nottinghamshire Medico-Legal Society (Committee member)

Recent Publications

Recent News

  • Chambers UK Bar 2017

    Philip Turton has been ranked in the Chambers UK Bar 2017 for Personal Injury (Band 2).

    He advises both claimants and defendants on an array of issues including child abuse, stress and occupational disease claims.

    Strengths: 

    "An extremely good advocate. He is excellent on his feet and extremely thorough in his preparation."

    Recent work: 

    Advised on a case involving an outbreak of legionella in South Wales.

    Please click here for more information. 

  • Legal 500 UK Bar 2016 Leading Junior

    Philip has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Personal Injury and Clinical Negligence.

    "Extremely knowledgable in all areas of disease and a fearless advocate."

    Please click here for more information.

  • PIBA Conference 2016

    On Saturday 9th April 2016, Philip will be addressing the Personal Injuries Bar Association on Noise Induced Hearing Loss claims at St Catherine's College, Oxford. Philip's entertaining talk, "Deafness for Dummies" covers fundamental aspects of legal principle and medical causation and reviews recent developments in this important area of industrial disease litigation. If you would like a copy of the notes covering the talk, "An Idiot's Guide to Industrial Deafness", please contact donnalester@ropewalk.co.uk

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