Lionel has a multi-track practice specialising in personal injury, clinical negligence and costs with complementary expertise in product liability (particularly in the context of aviation), inquests, health and safety, insurance contracts and civil fraud. He combines robust advocacy where required with a focused ‘team’ approach to litigation, tactical insight for JSMs and mediations and the ability to manage clients in challenging cases or where difficult messages need to be delivered.
Personal Injury & Clinical Negligence
Lionel acts for claimants and defendants in all areas of personal injury and clinical negligence.
He is regularly instructed in high value fatal and catastrophic injury cases, as well as those involving serious head injuries, limb amputations, fusion surgery, hip replacement surgery and/or resulting in significant disability. He is well versed in claims for serious bodily injury arising out of domestic and international aviation accidents and other claims with a foreign element, including complex dependency claims arising out of the Germanwings disaster in which there were significant disputes as to the applicable law, jurisdiction and quantification. Lionel’s regular practice also extends to cases involving complex issues of causation arising from brain injuries, the aggravation or acceleration of pre-existing rheumatological conditions and non-organic pain (including complex regional pain syndrome, chronic pain, post-traumatic fibromyalgia and somataform disorders).
Lionel’s clinical negligence practice incorporates factually complicated claims arising out of obstetric and gynaecological injuries, including those resulting in maximum disability, diagnostic failures (such as compartment syndrome, as well as cancer and MCL cases), negligent treatment of post-surgical infections leading to kidney failure, negligent eye and laser surgery, failure to convey to hospital and surgical negligence (with particular expertise in cases that have resulted in permanent colorectal injury).
Costs and Professional Liability
Lionel undertakes costs work in all areas of commercial and common law litigation. He has extensive expertise in costs management conferences, detailed assessments, appeals, enforceability challenges to CFAS, solicitor-own client assessments and drafting general points of dispute. He can also advise on costs budgeting, compliance and the application of, and exceptions to, QOCS (including where there are pre- and post- April 2013 funding arrangements in place). This work has in turn led to instructions in professional negligence claims against solicitors and barristers, including those arising out of negligent advice and omissions that have led to significant under-settlement of claims (for example failing to investigate or consider the effect of chronic conditions).
Insurance, Civil Fraud and Credit Hire
In addition to his main practice areas, Lionel specialises in insurance advisory work (contracts, coverage and indemnity, incorporating discrete issues such as material non-disclosure, fraudulent misrepresentation, wrongful repudiation, declarations, waivers and the meaning and effect of warranties and conditions) and receives regular instructions in claims involving suspected insurance fraud. Acting predominantly for insurers, his experience covers the full spectrum of insurance fraud from exaggerated personal injury claims of significant value to staged/contrived accidents and phantom passenger claims. He has successfully defended numerous fraudulent claims through to awards of exemplary damages and costs sanctions against individuals and/or firms of solicitors. This ties in well with his expertise in the field of credit hire, dealing with six figure hire claims and those involving more difficult issues of enforceability, illegality and ex turpi causa defences.
Shelford Scholarship (Lincoln’s Inn, 2005)
Runner-up Taylor Prize (Nottingham Law School, 2005)
Tancred Studentship (Lincoln’s Inn, 2004)
Hardwicke Entrance Award (Lincoln’s Inn, 2004)
Professor Morris Prize (Aston University, 2003)
Legal 500 2017 (ranked for Personal Injury and Insurance Fraud): –
‘A tenacious advocate, who is up to date with the latest developments in the area.’
‘Thorough with papers, pragmatic with his advice and a compelling advocate.’
BVC: Nottingham Law School (Very Competent – 2nd in order of merit)
GDL: College of Law (Distinction)
BSc: Aston University (First Class Honours – 1st in order of merit)
Undertakes Public Access work
Confidential settlements achieved in two separate High Court claims brought on behalf of dependents of two different families arising out of the Germanwings disaster. There were significant disputes as to jurisdiction, applicable law and quantification, all of which had to be resolved during the settlement negotiations. The terms of the agreements included non-disclosure provisions, which prevent publication of the nature of the settlement achieved.
£470,000 settlement achieved at Joint Settlement Meeting in which the Claimant had suffered permanent, or semi-permanent, cognitive deficit from a head injury and psychological symptoms arising out of a serious road traffic accident.
Confidential settlement achieved at mediation in a High Court claim on behalf of the dependants of a deceased patient whose Mantle Cell Lymphoma (MCL) had been diagnosed two years late after negligent analysis of a biopsy. He later developed a blastic variant of the disease that resulted in his early death. Causation and quantum remained in dispute.
Clinical negligence case that settled for a six-figure sum. The Claimant’s sigmoid colon was injured whilst undergoing a hysterectomy, which the surgeon failed to notice. Consequently, the Claimant developed infection; required three additional surgical procedures; and needed to use a colostomy bag permanently after the failure of the final operation to reverse a loop colostomy due to anastomic leakage. Breach of duty and causation remained in dispute. The claim was settled on the basis that the Claimant would not now risk any further surgery and would therefore have permanent disability.
Ongoing obstetric/gynaecological case pleaded at over £1,000,000. The claimant sustained a second or third degree tear to her anal sphincter as a result of the failure to perform an episiotomy or an operative delivery during the birth of the claimant’s first child. She has been left with debilitating colorectal symptoms that significantly reduce her earning capacity.
Ongoing High Court claim pleaded in excess of £500,000. This is a case involving negligent colorectal surgery and/or follow-up treatment. The claimant suffered an anastomotic leak due to an incomplete donut being formed when preparing the stoma during an anterior resection to excise her cancer. She required three further surgical procedures but has been left with extensive internal abdominal scarring, constant pain, significantly impaired bowel function and permanent need for a stoma. Breach of duty and causation currently remain in dispute.
Ongoing High Court claim pleaded at over £600,000. The claim arises out of surgical negligence resulting in a permanent frozen shoulder that is causing significantly impaired function. Causation remains in dispute but the claimant’s medical evidence is that he is unlikely ever to return to full function.
Confidential settlements negotiated at mediation on behalf of three dependents arising out of a death during the Shoreham Air Disaster. There were disputes between family members as to the existence and/or extent of the dependency of three of these dependents; and their right to be added as individual parties to proceedings. The matter was resolved in their favour during mediation with the conflicted parties separately represented; and individual damages and costs orders negotiated.
High Court case that settled for a six-figure sum. Breach of duty and causation remained in dispute. The claim arose out of the failure of both the London Ambulance Service and the claimant’s local hospital to identify and treat pending compartment syndrome, resulting in permanent disability.
High Court claim that settled for a six-figure sum. The (retired) claimant suffered a damaged popliteal artery during knee surgery that resulted in permanently reduced mobility and independence. Breach of duty and causation were both in dispute. The case settled on the basis that the claimant would, absent negligent surgery, have maintained his independence for the foreseeable future without the need for permanent assistance.
£365,000 settlement negotiated at JSM on behalf of claimants whose mother tragically died in a plane crash. There were significant dependency claims for loss of child care services to her grandchildren that she had been expected to provide.
£382,500 settlement negotiated at JSM on behalf of claimant who suffered from life-changing disability due to the development of Chronic Pain Syndrome and Somatic Symptom Disorder. There was fundamental disagreement between the pain and psychiatric experts as to causation in light of the claimant’s pre-existing medical history; and as to prognosis (whether and to what extent she would recover). The claim settled on the basis that there would only be modest recovery in future.
Successful application to amend defence and strike out a claim as an abuse of process (applying Summers v Fairclough Homes Ltd  UKSC 26;  1 W.L.R 2004) on grounds of fundamental dishonesty in a related but unissued personal injury claim.
Two day fraud trial in which HHJ Collender QC found that the Claimants perpetrated a fraud by staging or contriving a collision at a junction. The key issue was whether the vehicle damage proved that the Claimants’ vehicle was stationary on impact, which would have been wholly incompatible with their account. Both engineering experts gave oral evidence at trial, with the Judge preferring the Second Defendant’s evidence. The claims were dismissed with indemnity costs awarded.
Two day housing disrepair fraud trial before HHJ Lamb QC in which the Claimant discontinued on the second day following cross-examination and to avoid express findings of fraud, as intimated by the Judge after hearing his evidence.
Two day fraud trial before HHJ Simpkiss QC in which the Claimants were found to have perpetrated a fraud by deliberately inducing a collision. The claims were dismissed, exemplary damages were awarded and costs were assessed on the indemnity basis.
Three day fraud trial before HHJ Seys Llewellyn QC in which multiple claims were brought by the alleged occupants of two vehicles. All claims were dismissed on grounds that no collision was likely to have occurred with a full award of costs in favour of the Second Defendant.
£300,000 quantum settlement negotiated at JSM on behalf of claimant who suffered horrific leg injuries that prevented him from returning to his old work capacity. The settlement figure was reduced to reflect an agreed apportionment of liability.
£320,000 settlement negotiated at JSM on behalf of a claimant who lost her job as a teacher following the onset of symptoms from asymptomatic pars fractures after a serious motorcycle accident.
£320,000 quantum settlement negotiated at JSM on behalf of claimant who suffered disabling ankle injuries and was likely to require full fusion operations on both ankles in the future. The final settlement was discounted to reflect an agreed apportionment of liability.
Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your rights regarding it.
I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, EC4Y 9DA and my registration number is Z9600636.
The vast majority of the information that I hold about you is provided to or gathered by us in the course of your case and/or proceedings. Your solicitor and/or I will tell you why we need the information and how we will use it.
Our Lawful Basis for processing your information
The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:
- Consent of the data subject
- Performance of a contract with the data subject or to take steps to enter into a contract
- Compliance with a legal obligation
- To protect the vital interests of a data subject or another person
- Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
Examples of legitimate interests include:
- Where the data subject is a client or in the service of the controller;
- Transmission within a group of undertakings for internal administrative purposes;
- Processing necessary to ensure network and information security, including preventing unauthorised access;
- Processing for direct marketing purposes, or to prevent fraud; and
- Reporting possible criminal acts or threats to public security.
Our Lawful Basis is your consent and/or the performance of a contract to act on your behalf and our Legitimate Interest is the fact that you are my client.
I use your information to:
- Provide legal advice and representation;
- Assist in training pupils and mini-pupils;
- Investigate and address your concerns;
- Communicate with you about news, updates and events;
- Investigate or address legal proceedings relating to your use of my services, or as otherwise allowed by applicable law.
I do not use automated decision-making in the processing of your personal data.
I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:
- Phone number;
- Payment or bank details;
- Date of birth;
- Location details;
- Device IP address;
- Financial information;
- Medical Records; and,
- Criminal Records.
I may share your personal data with:
- Instructing solicitors;
- Pupil or mini pupil, under my training;
- Opposing Counsel, for the purposes of resolving the case;
- My Chambers management and staff who provide administrative services;
- My regulator or legal advisors in the event of a dispute or other legal matter;
- Law enforcement officials, government authorities, or other third parties to meet our legal obligations; and,
- Any other party where I ask you and you consent to the sharing.
Transfers to third countries and international organisations
I do not transfer any personal data to third countries or international organisations.
I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:
- There is an unresolved issue, such as claim or dispute;
- I am legally required to; or
- There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.
The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
This is a Notice of recommended practice. The contents of this Notice are in no way intended to have a contractual basis.
Accessing and Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me at LionelStride@tgchambers.com
You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.
- Validate users;
- Remember user preferences and settings;
- Determine frequency of accessing our content;
- Measure the effectiveness of advertising campaigns; and;
- Analyse site visits and trends.
I will occasionally update my Privacy Notice and will publish the updated Notice on my website profile to ensure that you have access to it.