"Philip Turton specialises in high-value personal injury work, and is ‘a strong advocate’." Legal 500
Call: 1989 Qualifications: LLB (Hons), University College of Wales, Aberystwyth.
Call: 1989 Qualifications: LLB (Hons), University College of Wales, Aberystwyth.
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.
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:
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.
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:
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:
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).
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.
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:
Additionally, he undertakes representation before Inquests and Disciplinary Tribunals, including Professional Conduct Committees.
Philip has appeared in a range of notable cases including:
Jolly v Harsco Infrastructure Services Limited  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  EWCA Civ 1642; (2010) LTL 27-2-2012 (personal injury; Group litigation; industrial deafness; limitation)
Smith v Skanska Construction Services Limited  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  PIQR P14;  Bus LR 139 - Court of Appeal (Appeal from Simon J. -  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  1 W.L.R. 370;  3 All E.R. 593;  C.P. Rep. 36;  B.L.R. 244;  A.C.D. 51; (2006) 103(14) L.S.G. 33; (2006) 156 N.L.J. 721;  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  Q.B. 1441;  3 W.L.R. 107;  2 All E.R. 716;  1 F.L.R. 1203;  1 F.C.R. 385;  Lloyd's Rep. Med. 175;  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  6 QR 6 (personal Injury; brain injury; loss of opportunity in employment; damages)
Long v Tolchard & Sons Ltd  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  1 F.L.R. 663;  E.L.R. 637;  P.I.Q.R. P145;  Fam. Law 249 - Court of Appeal; (education; teacher’s duty to supervise)
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