Experience

Paul’s practice is generally split between the following main areas: insurance law (particularly motor), insurance fraud, personal injury / fatal accident, and consumer law. He also has considerable past experience of employment cases.

Awards

Lord Justice Holker major scholarship award from Grays Inn (1996)
Lee Essay Prizewinner (1995) (judged by Lord Mustill)
Chartered Secretaries and Administrators Award for Excellence (achieving top A Level mark in the country, 1993)

Directories

“Recommended for personal injury, motor and credit hire work”
Legal 500, 2015

“Very well regarded for all things personal injury, motor and credit hire”
Legal 500, 2014

Paul McGrath is recommended as a leading junior for consumer law and described as being “noted for his ‘deep knowledge of the issues'”
Legal 500, Consumer, 2013

“Paul McGrath is praised for his ‘robust and sensible advice'”
Legal 500, Employment, 2011

Education

University of London LLB (Hons)
Inns of Court School of Law (BVC)

Hamid v (1) Khalid (2) Co-Operative Insurance [2017] EWCA Civ 201

Alleged fraud case. Court of Appeal decision following an insurers appeal against a finding that an accident had been proven on a balance of probabilities. Guidance given on when an appeal Court can interfere, when an acquittal of fraud can be set aside and the factors to be borne in mind, adequacy of reasons and the role that proportionality might have to play in this and whether an adverse inference ought to have been drawn. Appropriate costs order when fraud pleading fails to be proven.

Lawrence v NCL (Bahamas) Ltd [2016] EWHC (Admlty). Admiralty Registrar, Jervis Kay QC

Claim in the Admiralty Division for an accident aboard a tender vessel. The judgment considers questions of the scope of the Athens Convention along with whether liability was established for an accident aboard a third party’s vessel.

Chimel v Chibwana and Another (unrep. HHJ Simpkiss, Brighton CC) Available on Lawtel

Whether an insurer’s admission made under the MoJ Portal is binding on insured in separate proceedings.

Churchill Insurance v Shajahan and another (unrep. Mr Recorder Tidbury, Birmingham CC) Available on Lawtel

Tort of deceit case considering the appropriate award in a staged road traffic cases for exemplary damages, considering the relevant authorities and approaches in other Courts.

Zurich Insurance plc v Umerji [2014] EWCA Civ 357

Instructed by a non-party to advise, and draft potential argument, on the significant points in relation to impecuniosity and whether insured benefits are to be left out of account in the assessment of compensation.

Dickinson v Tesco plc and others [2013] EWCA Civ 36; [2013] All ER (D) 17 (the 'Autofocus Appeals')

Four tests cases in the Court of Appeal dealing with multiple issues of fraud, consumer law (particularly in relation to the hiring of vehicles in credit), and practice on appeals in relation to the introduction of fresh evidence.

Locke v Liddle [2013] EWHC 2620 (QB)

Successful appeal. The normal rule was to order that costs be assessed forthwith. Under the CPR particular regard was to be had to proportionality. There was an element of proportionality in having all the costs dealt with on one occasion: it would be quicker to assess the costs at one hearing. However, that was not a sufficient reason to displace the normal rule. C was entitled to have his costs assessed in detail at the present stage. It was not pragmatic to award him costs and interest at a later date.

Ali v D’Brass [2011] EWCA Civ 1594

Court of Appeal decision on apportionment in a road traffic case involving sudden braking.

Laleye v Community Service Volunteers EAT / 0321 / 09 HHJ Birtles

Grievance procedures. Lengthy but intractable grievance was judged to frustrate the object of the statutory grievance procedure and thus not qualifying as a grievance and the claim was accordingly time-barred.

Mason v TNT and Groupama Insurance (unrep. Oxford CC, HHJ Harris QC, lead case on insurance contribution) Available on Lawtel

Whether an insurer can be liable to a tortfeasor to contribute for its alleged breach of indemnity in dealing with the consequences of the tort. Meaning of ‘same damage’.

Croucher v Fire Brigade Union [2004] All ER (D) 357

Appeal against a finding of unfair dismissal. Appropriate test. Considering Sainsburys Supermarkets v Hitt.

Burdis v Livsey [2002] EWCA Civ 510; [2003] QB 36 (CA); [2002] 3 WLR 762 (Court of Appeal); [2001] 1 WLR 1751 (High Court) [petition to House of Lords refused: [2003] 1 WLR 394):

The seminal case on credit hire and credit repair and the appropriate measure of loss in such cases. Direct loss and consequential loss.

TGC Fraud Updates

12th April 2017


The Use of Experts in the Employment Tribunal (EMIS publishing, 2002)

12th April 2017


Email, the Internet and the Law (EMIS Publishing, 2001)

12th April 2017


Various articles in publications such as the Solicitors Law Journal, New Law Journal, etc

12th April 2017


Insurer’s admission in MoJ Portal binding on insured in separate proceedings

10th November 2016

Admission made in MoJ Portal and claim settled – was this binding on insurer’s driver who later wanted to bring her own proceedings – could she apply to withdraw the admission – consideration of conflicting cases of Ullah v John and Malak v Nasim. Held: admission was binding and the admission could not be withdrawn given settlement; case struck out. Paul McGrath appeared for D1. Lionel Stride appeared for D2

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