Experience

Michael Rapp specialises in Personal Injury, Professional/Clinical Negligence, Product Liability, Insurance litigation; particularly road traffic fraud, Cable Damage claims and Utility matters.  He has an even split of work for both sides and prides himself in taking a forensic and highly collaborative team approach to cases, resulting in a loyal and strong client base. He prides himself on his repeat instructions over many years from top tier PI firms.

Education

College of Law BVC

University of Bristol Joint Honours French and Italian

Professional Memberships

PIBA

O’Hara v Altrad NSG Limited

Very recent case for the defendant in a claim involving a significant shoulder injury to a scaffolder. The claimant was seeking an Ogden 8 claim for handicap on the labour market and an inability to work more than 2 days a week. The schedule was accordingly pleaded at just over £536,000. Claim settled on the basis of an old style Smith v Manchester award and the claimant returning to full time work in a year. Settlement reached at £245,000


Thomas v Valero

The claimant suffered life threatening injuries within an industrial accident. Early involvement and a unified approach by the Defendant legal team pushed a JSM at the earliest opportunity on the claimant’s evidence alone. A reasonable compromise at the lower end of the scale was achieved, allowing the claimant the benefit of finality and the defendant to see a very significant saving in legal costs and resolution of the claimant’s employment. Claim pleaded at over £500,000, settlement reached at £230,000.


Trevatt v B S Eaton Limited

Michel acted for the Defendant in this claim for 2 manual handing accidents at work. Surveillance indicated that the claimant had exaggerated the effect of the accident, taking advantage of sick absence to attend a job interview. However there was no exaggeration with regard to the occurrence of the accidents or that injury had been sustained. At trial after just over an hour of cross examination as to the claimant’s credibility and veracity in light of the exaggeration revealed on the surveillance the claimant sought an adjournment during which he discontinued his claim.


Philip Prosser v Scott-Moncrieff

A claim by an ex RAF serviceman was struck out due to failings by his original solicitors. Duty, causation and quantum were all very much in dispute. The claim was pleaded in the region of £500,000. An early realistic part 36 offer combined with a combative counter-schedule saw settlement reached at £120,000.


Virgin Media v Barratt

Michael defended this claim brought by Virgin for damage to a fibre optic cable crushed during the development of housing by one of Barratt sub-contractors.

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Mark Scragg v Barratt Developments Plc

Michael acted for the defendant in a Multi Track personal injury claim where as a result of investigations into medical and DWP records the claimant’s significant history of street and prescribed drug addiction was discovered

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K Green v Conoco Phillips v Hayes Recruitment

A workplace claim by a young woman who alleged she had suffered Thoracic Outlet Syndrome as a result of a manual handling accident at work. Her claim was initially pleaded on the basis that her ability to work had been permanently compromised. Michael represented the defendant employer where the choice of experts was key to the claim. Michael drafted the agendas for the joint statements which were ultimately devastating for the claimant. As a result of their impact the claimant eventually capitulated and agreed to withdraw her claim shortly before trial and pay the defendants’ costs up to the value of her ATE insurance.


Kehyalar v Alagoz

A long running fraud case defended upon the basis of a deliberate slam on accident where the claimant had deliberately further damaged his vehicle after the accident. The case involved numerous interlocutory skirmishes by the claimant. Ultimately having heard the claimant’s evidence under cross examination at trial the court struck the claim out upon the basis that it was overwhelmingly tainted with fraud. Thus the claimant lost all QWOCs cost protection.


Eleanor Wright v C. McKissock

Acted for a young female graduate who suffered a significant foot injury. She faced an inevitable future of arthritis in the ankle and foot. The case centered upon whether she would be Ogden 7 disabled and given the nascent level of her career whether there would be an impact on her. A quirk was that she was also moving to the USA at the time of the accident and her career model was therefore somewhat unusual. Schedule pleaded at £470,500 and concluded at JSM. Settlement reached at £243,189


Paul Nicholas v Charles Hoskins

The claimant suffered a complex knee injury and the value of the claim centered on his handicap on the open labour market and his future loss; the claimant having worked almost exclusively for his working life as a Postman. The claimant was 53 at the time of settlement, with a Royal Mail pension commencing at the age of 60. The schedule was pleaded at just under £280,000 and settlement was achieved at £201,500 at JSM.


Gillian Towers v South West Ambulance Service

Acted for the claimant in a case involving an ambulance worker run over by her own ambulance. Liability was disputed on this basis that no mechanical defect with the ambulance was ever identified. Eventually a few months before trial an admission of liability was made after concerted pressure in relation to specific disclosure regarding handbrake problems with sister ambulances within the fleet.
A non resolved soft tissue injury led to Complex Regional Pain Syndrome. Schedule pleaded at £236,321, case settled shortly before trial for £175,000.


Privacy Notice

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.

Data Controller

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, London EC4Y 9DA and my registration number is Z2999728.

Data Collection

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:

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Ordinarily my Lawful Basis is likely to be one of the following four reasons:

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To protect the vital interests of a data subject or another person

I use your information to:

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  • Assist in training pupils and mini-pupils
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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:

Client data

  • Name;
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  • Address;
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  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information
  • Medical Records
  • 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;
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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.

Your Rights

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.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me at Temple Garden Chambers, London EC4Y 9DA  or clerks@tgchambers.com.

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