Whiteford v Kubas

09/05/2012 CA (Civ Div) (Laws LJ, Richards LJ)

Practice Areas

Personal Injury

Cases Citation

[2012] EWCA Civ 1017

A motorcyclist sustained a traumatic leg amputation as a result of a collision with an LGV.

Representing D at trial and with J Watt-Pringle QC on appeal.

At first instance, the Recorder apportioned liability 50 / 50.

On appeal, it was held that the Recorder had erred in imposing an unacceptably high standard of care on a lorry driver.  Primary liability was not established.

Claim dismissed; Judgment for D.

Related Barristers

Peter Freeman

Peter Freeman
Year of Call: 1992

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TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
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TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or