Marcus was named Personal Injury/Clinical Negligence Junior of the Year in Chambers & Partners UK Bar Awards 2016.
He is ranked as the Star Individual Personal Injury Junior Barrister in Chambers & Partners 2017 and as a Band 1 Barrister in Motor Insurance Fraud in Chambers & Partners 2017, and also as a Band 1 Personal Injury Barrister in the Legal 500. He is a Barrister of 23 years call with a specialism in head injury and chronic pain litigation. He has litigated more High Court subtle brain injury cases through to trial than any other barrister and is noted for his leadership in exploring recent changes in neurology in the Courts. He is highly regarded for his insight into the nuances of the medicine and his tenacity in handling medical experts. He is a leading practitioner in fibromyalgia and CRPS litigation. He balances this Claimant practice with a committal practice for Insurance Companies. He is frequently asked to take on cases for Claimants where allegations of dishonesty have been raised in pleadings.
In the course of his 23 years at the Bar, he has led a series of initiatives to develop his areas of injury law, including:
In the late 1990’s he was at the forefront of developing the technical Consumer Credit Act arguments underpinning the Insurance Industry’s attack on credit hire agreements culminating in the House of Lords decision in Dimond v. Lovell.
He devised the Credit Hire Initiative that set the framework for testing the various arguments before the senior Courts.
He negotiated on behalf of the entire motor insurance industry to settle large accruals of credit hire and credit repair debts between 1999 and 2001.
He provided leadership from the junior Bar to tackle motor insurance fraud in a forensic and coordinated manner, applying scientific evidence to tackle low velocity impact claims, refining the use of similar fact evidence to tackle organized motor fraud and dusting down the Old Order 52 of the RSC (now CPR 81) to commit dishonest injury litigants to prison.
He was involved in most of the leading committal cases between 2010 to 2013.
He brought the controversial medical concept of ‘subtle brain injury’ (or ‘Diffuse Axonal Injury’) before the Courts in a series of high temperature cases between 2006 and 2014, on each occasion establishing to the Court’s satisfaction that the concept was genuine.
He has tested the legitimacy of surveillance before the Courts, challenging the authenticity of the footage and the legitimacy of the techniques used to obtain it.
He has worked hard to raise awareness of the concept of post traumatic fibromyalgia and to clarify how the medicine and the law work in tandem to establish or refute clinical causation in such cases.
He has litigated cases where the use of covert and overt recordings of expert appointments have proved to be critical to the outcome of cases.
Many of his cases fight to trial. He is noted for his thoroughness and tenacity on medical issues and in his dealings with medical experts.
He does not charge any success fees on post April 2013 cases.
He works at a reduced rate on MIB claims under the Untraced Driver’s Agreement and CICA Claims.
He takes on occasional Direct Access cases and occasional Pro Bono cases.
He was Counsel in the case of Nield & Acromas Insurance v. Loveday & Loveday that won the award of ‘Outstanding Case of the Year’ at the Personal Injury Awards 2011.
He was shortlisted as Barrister of the Year in the 2012 ‘Pro Claim’ Personal Injury Awards.
He has presented five Seminars to his peers at the Personal Injury Bar Association including a lecture on brain injury at the 2010 Winter PIBA Conference and on committal proceedings at the 2015 Spring PIBA Conference.
He has presented four 2 hour live Webinars on chronic pain, spinal injuries, subtle brain injury litigation and fraudulent claims for Thompson Reuters.
He was published in 2012 by the British Pain Society and spoke at the Society’s annual 2012 conference in Liverpool and at the Cambridge Medico-Legal Society’s 2012, 2015 and 2016 Conferences and at the Field Fisher 2016 Brain Injury Conference ‘Hidden in Plain Sight’ at City Hall. He organised the 2015 TGC Fraud Conferences.
He is a Member of the Ogden Working Party.
He is a member of Lincoln’s Inn and teaches on the Inn’s Student Advocacy Training Programme.
He is on the PI panel of the Bar Pro Bono Unit.
Away from the Bar his interests include his young family, Andalucía, Headway, West London Churches Homeless Concern, the Athenaeum, Rachmaninov, tennis and occasionally Liverpool FC.