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.

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

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.