Areas of Expertise

• Personal Injury

  Employer’s Liability

  Tom is regularly instructed in:

  • Accident cases involving all key EL areas (especially construction and work equipment)
  • Multi-party CDM disputes involving complex control issues
  • Workplace stress, bullying and harassment cases, including cases against local authorities, the police, and commercial organisations
  • Workplace violence, particularly in the social care context (Tom is very much alive to the sensitivities of these cases and used to being involved from the early stages, dealing with disclosure involving multiple agencies and sometimes complex data protection issues).
  • Work equipment cases, usually with Consumer Protection Act overlap (see here for an interesting blog with Jack McCracken on the Employer’s Liability (Defective Equipment) Act 1969).

  Quantum Cases

  Particular emphasis on cases involving:

  • Brain injury including disputes over whether any TBI sustained
  • Chronic pain (including Complex Regional Pain Syndrome and Functional Neurological Disorder)
  • Amputations, usually in the EL context
  • Fatal accidents: Tom has represented both claimants and defendants in FAA claims for many years and is known for his careful, conscientious and sensitive handling of this most taxing and stressful type of litigation.  He is used to bringing £1million-plus claims to settlement before court proceedings become necessary, and handling difficult disputes between defendants.  Tom welcomes early involvement from the Inquest stage, and (for defendants) close coordination between the teams responsible for regulatory and civil actions.

  Product Liability

  Tom has considerable experience of Consumer Protection Act personal injury cases involving a diverse range of products from cosmetics, to domestic tumble dryers, to substantial pieces of plant, frequently overlapping with the EL context.

• Disease

  Work-related Stress/Psychiatric Injury

  Tom’s experience of work-related stress claims encompasses a wide variety of workplace situations including:

  • Local authorities, particularly in relation to employees engaged in SEND activities and social work
  • Policing (including front-line officers and support staff)
  • Health service including complex environments such as psychiatric institutions
  • Commercial defendants including large financial institutions
  • Bullying/harassment cases as well as ‘Hatton-typical’ cases relating to overwork etc

  In 2021 Tom co-presented a well-received webinar on employers’ liability for work related stress in the COVID-19 era with Jayne Adams KC: it may be viewed here.  Course materials are available on request.

  Vibration, Noise and Dust Diseases

  Tom is forever indebted to the late, much-missed Simon Beard of Ropewalk Chambers for a thorough grounding in industrial disease work from the very start of his career back in 2002.  Tom has since built significant experience in all kinds of occupational illness litigation including noise exposure, vibration, asbestos, and hypersensitivity pneumonitis cases.

About

• Professional Membership

  • Personal Injuries Bar Association

• Qualifications

  • LLB, University of Kent at Canterbury
  • BVC, Nottingham Law School

• Notable Cases

  Bloor v Anchor Hanover Group [2024] EWHC 1772 (KB). Employer’s duties in respect of risk assessment in relation to a live-in employee at a supported housing scheme.

  Brown v South West Lakes Trust, South West Water Ltd and Cornwall County Council [2022] EWCA Civ 18. Local authorities’ duties in relation to the construction and design of highways; duties of occupiers to highway users unintentionally trespassing off the highway onto their land.

  AB v Chief Constable of X Constabulary [2015] EWHC 13 (QB). Former undercover police claiming damages for psychiatric illness; issues relating to workplace stress and defence of ex turpi causa.

  Smith v Northamptonshire County Council [2009] UKHL 27. Interpretation of r3 of PUWER, relevance of concept of control to imposition of statutory duties.

  Hood v Mitie Property Services (Midlands) Ltd & Royal Mail Group plc [2005] All ER (D) 11 (Jul). Contribution claim by the employer of a catastrophically injured claimant against the occupier of premises where he had fallen from height.