Experience
Lionel has a High Court and multi-track practice specialising in personal injury, clinical negligence and health & safety with complementary expertise in aviation and product liability (particularly in the context of aviation and light aircraft accidents), inquests, costs, insurance contracts and civil fraud. He combines robust advocacy where required with a focused ‘team’ approach to litigation, tactical insight for JSMs and mediations and the ability to manage clients in challenging cases or where difficult messages need to be delivered.
Personal Injury, Clinical Negligence and Health & Safety
Lionel acts for claimants and defendants in all areas of personal injury, clinical negligence and health & safety, including inquests following hospital and workplace deaths; and representing duty-holders in prosecutions under the HSWA 1974 following both fatal and non-fatal accidents in the workplace.
He is regularly instructed in seven figure fatal and catastrophic injury cases, as well as those involving serious brain or head injuries, paraplegia/tetraplegia, loss of limbs/limb amputations, fusion surgery, hip replacement surgery and/or resulting in other significant disability. His general practice encompasses injury arising out of defective products; and he has developed a niche practice in aviation-related claims, including those arising out of serious bodily injury following domestic or international aviation accidents, as well as fatal and serious injury claims arising out of light aircraft accidents. Recent work has also included representing families in claims arising out of the Shoreham Air Disaster (and advising on generic issues relating to potential group litigation); representing dependents of relatives killed in the Germanwings disaster in which there were significant disputes as to the applicable law, jurisdiction and quantification; and the High Court case of Labbadia, which clarifies the scope of the Court of Appeal decision in Barclay v British Airways PLC [2008] EWCA Civ 1419. In addition, as part of his cross-over health and safety/personal injury practice, Lionel is currently advising and representing a cohort of families in group litigation arising out of the Grenfell Fire; and he regularly acts on behalf of companies facing prosecution or civil claims arising out of breaches of health & safety legislation on construction sites and/or in other work environments. More generally, Lionel’s regular practice extends to cases involving complex issues of causation arising from the aggravation or acceleration of pre-existing rheumatological conditions and non-organic pain (including complex regional pain syndrome, chronic pain, post-traumatic fibromyalgia and somataform/somatic symptom disorders).
Lionel similarly has a High Court clinical negligence practice that incorporates factually complicated claims arising out of obstetric and gynaecological injuries, including those resulting in maximum disability, diagnostic failures (such as compartment syndrome, as well as cancer and MCL cases), negligent treatment of post-surgical infections leading to kidney failure, negligent eye and laser surgery, failure to diagnose retinal detachment, failure to convey to hospital, surgical negligence (with particular expertise in cases that have resulted in permanent colorectal injury), general practitioner negligence in failing to refer or diagnose (such as meningitis, sepsis, encephalitis and suspected pulmonary embolism (resulting in death), negligent nursing care of vulnerable patients in hospital, failure correctly to advise of surgical risks or alternative treatment (application of Montgomery), and diagnostic and treatment failures following urgent admissions to hospital. Lionel regularly represents both individuals and the NHS/private practices at JSMs and Mediations. Recent trials include the case of D v NSH CB & R (six-day ophthalmological case before HHJ Walden-Smith (DCJ)).
Costs and Professional Liability
Lionel undertakes costs work in all areas of commercial and common law litigation. He has extensive expertise in costs management conferences, detailed assessments, appeals, enforceability challenges to CFAS, solicitor-own client assessments and drafting general points of dispute. He can also advise on costs budgeting, compliance and the application of, and exceptions to, QOCS (including where there are pre- and post- April 2013 funding arrangements in place). This work has in turn led to regular instructions in professional negligence claims against solicitors and barristers, including those arising out of negligent advice and omissions that have led to significant under-settlement of claims (for example failing to investigate or consider the effect of rheumatological or other chronic conditions, such as fibromyalgia).
Insurance and Civil Fraud
In addition to his main practice areas, Lionel specialises in insurance advisory work (contracts, coverage and indemnity, incorporating discrete issues such as material non-disclosure, fraudulent misrepresentation, wrongful repudiation, declarations, waivers and the meaning and effect of warranties and conditions) and receives regular instructions in claims involving suspected insurance fraud. Acting predominantly for insurers, his experience covers the full spectrum of insurance fraud from exaggerated personal injury claims of significant value to staged/contrived accidents and phantom passenger claims. He has successfully defended numerous fraudulent claims through to awards of exemplary damages and costs sanctions against individuals and/or firms of solicitors.
Awards
- Shelford Scholarship (Lincoln’s Inn, 2005)
- Runner-up Taylor Prize (Nottingham Law School, 2005)
- Tancred Studentship (Lincoln’s Inn, 2004)
- Hardwicke Entrance Award (Lincoln’s Inn, 2004)
- Professor Morris Prize (Aston University, 2003)
Directories
Chambers & Partners 2021 (ranked for Personal Injury): –
- “He is extremely thorough and takes a forensic approach to evidence.”
- “He is really technical and very good at providing clear advice and courses of action.”
Legal 500 2021 (ranked for Clinical Negligence, Personal Injury, Industrial Disease and Insurance Fraud)
- “‘Very thorough and swiftly cuts through the case to identify the key issues. A practitioner whom clients instantly like and trust.”
- “A formidable advocate who takes no prisoners and is detailed yet concise on paper.”
Chambers & Partners 2020 (ranked for Personal Injury): –
- “He is a persuasive advocate who takes no prisoners in court or at JSMs.”
- “He has a keen eye for detail and finds solutions rather than problems.”
Legal 500 2020 (ranked for Clinical Negligence, Personal Injury, Industrial Disease and Insurance Fraud)
- “A very persuasive advocate who has a forensic approach to the evidence.”
- “Very thorough in conferences with experts.”
Legal 500 2019 (ranked for Personal Injury and Insurance Fraud): –
- ‘He is a modern lawyer in every respect and brings real value to every case.’
- ‘He is a passionate lawyer, who gets under the skin of a case…’
Legal 500 2017 (ranked for Personal Injury and Insurance Fraud): –
- ‘A tenacious advocate, who is up to date with the latest developments in the area.’
- ‘Thorough with papers, pragmatic with his advice and a compelling advocate.’
Education
BVC: Nottingham Law School (Very Competent – 2nd in order of merit)
GDL: College of Law (Distinction)
BSc: Aston University (First Class Honours – 1st in order of merit)
Professional Memberships
PNBA
PIBA
APIL
HSLA
Public Access
Undertakes Public Access work
Lionel Stride represented the Claimant (instructed by Michael Hardacre at Slater & Gordon) in a High Court case that settled at a JSM for £1.6 million. The Claimant was involved in a high-speed collision that fatally injured his brother. He suffered multiple injuries, including compound splintered fracturing at the proximal end of the ulna bone (olecranon), with bone loss involving the articular surface of the ulna at the elbow; and displaced, comminuted fracturing at the shafts of the radius and ulna. The left elbow fracture had failed to unite, which meant that he would need complex surgery and, further in the future, an elbow replacement and revision procedures.
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Lionel Stride represented the Claimant (instructed by Ken Brough at Slater & Gordon) in a High Court case that settled at a JSM for £600,000. Following a head-on collision, the Claimant suffered severe internal injuries that had made her infertile (unable to conceive by natural means) and which meant that she would need significant assistance with future childcare.
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Lionel Stride represented the Claimant (instructed by Michael Hardacre at Slater & Gordon) in a High Court paraplegia case that settled at a JSM for £1.525 million. The Claimant was injured whilst using a squat rack in a ‘Free Weights’ gym when he stumbled and fell, resulting in a crush injury to his spine from the barbell that he had been lifting. There were no safety bars on the squat rack at the material time and it was the Claimant’s case that he had not been told of the need, or how, to use them. It was therefore alleged that the gym had failed to warn him of the need to use the safety bars with an induction or warning signs; and had failed to risk assess or provide health & safety training to its staff to enable an effective induction to take place.
Read more
Lionel represented the Defendant (instructed by Daniel Jordon at DWF) in a High Court chronic pain case originally pleaded at £2 million. The Claimant contended that she had developed a permanent somatising condition that prevented her from working after suffering a fractured ankle.
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This was a High Court claim in which Lionel Stride (instructed by Rebecca Smith and Julie Straughan at Irwin Mitchell) acted on behalf of the dependants of a pilot and his wife who tragically died in light aircraft crash in 2015. The primary claim (pleaded at over £4 million) was brought against the constructor, kit and engine providers and Light Aircraft Association in negligence and/or under the CPA; with a secondary claim (adopting the defences of the primary defendants) in negligence (on behalf of the dependents of the wife) against the estate of the pilot.
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High Court claim in which Lionel Stride (instructed by Joanne Warren at Irwin Mitchell) acted on behalf of an elderly claimant who lost a limb as a result of negligent treatment following cardiac arrest. Breach of duty and causation were admitted but there remained significant dispute as to life expectancy, care and equipment needs and use of prosthestics.
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Lionel Stride represented the Defendant (instructed by Christine Winter at DWF) in a High Court brain and eye injury case pleaded at over £4 million. The Claimant, at the time a minor, was blinded by an airgun that misfired. It was alleged that he lacked capacity due to a brain injury sustained in the accident and an application for the appointment of a deputy was made to the Court of Protection.
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Lionel Stride represented the dependants of a deceased patient in a High Court claim arising out of an 18-20 month negligent delay in diagnosing cancer, which tragically resulted in the patient’s premature death. The claim, which included significant claims for past and future loss of financial dependency, as well as grandparental childcare services, settled for £860,000 at a Joint Settlement Meeting.
lionel Stride successfully represented the Claimant in a High Court claim arising out of his fall whilst descending disembarkation steps at Milan Airport. The case focused primarily on the judicial interpretation of ‘accident’ under the Montreal Convention 1999 (“the 1999 Convention”), namely whether there had been an unusual, unexpected or untoward event, external to the Claimant, causing death or injury, on board an aircraft or in the course of embarkation or disembarkation.
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Lionel Stride successfully defended a claim brought against an ophthalmologist who was alleged to have failed to identify a posterior retinal detachment at two separate examinations, leading to sudden deterioration in vision, emergency surgery and permanent visual defects. Breach of duty, causation and quantum remained in dispute.
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Claim on behalf of a man who suffered life-changing injury in a pedestrian road traffic accident. The claim settled for £540,000 at a Joint Settlement Meeting, including significant claims for loss of earning capacity (Ogden 7 calculation), silicon sleeves (to mask the effects of scarring), aids/equipment and domestic and DIY assistance.
High Court claim on behalf of dependents of a man tragically killed on Christmas Day 2015 in a hit and run accident. The First Defendant was later prosecuted and imprisoned. The claim settled at a Joint Settlement Meeting for £675,000, including significant sums for future loss of financial and service dependency on behalf of his widow, children and father.
Confidential settlements achieved in two separate High Court claims brought on behalf of dependents of two different families arising out of the Germanwings disaster. There were significant disputes as to jurisdiction, applicable law and quantification, all of which had to be resolved during the settlement negotiations. The terms of the agreements included non-disclosure provisions, which prevent publication of the nature of the settlement achieved.
£470,000 settlement achieved at Joint Settlement Meeting in which the Claimant had suffered permanent, or semi-permanent, cognitive deficit from a head injury and psychological symptoms arising out of a serious road traffic accident.
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Confidential settlement achieved at mediation in a High Court claim on behalf of the dependants of a deceased patient whose Mantle Cell Lymphoma (MCL) had been diagnosed two years late after negligent analysis of a biopsy. He later developed a blastic variant of the disease that resulted in his early death. Causation and quantum remained in dispute.
Read more
Clinical negligence case that settled for a six-figure sum. The Claimant’s sigmoid colon was injured whilst undergoing a hysterectomy, which the surgeon failed to notice. Consequently, the Claimant developed infection; required three additional surgical procedures; and needed to use a colostomy bag permanently after the failure of the final operation to reverse a loop colostomy due to anastomic leakage. Breach of duty and causation remained in dispute. The claim was settled on the basis that the Claimant would not now risk any further surgery and would therefore have permanent disability.
Obstetric/gynaecological case that settled at close to seven figures. The claimant sustained a second or third degree tear to her anal sphincter as a result of the failure to perform an episiotomy or an operative delivery during the birth of the claimant’s first child. She was left with debilitating colorectal symptoms that significantly reduced her earning capacity, having had to give up a lucrative job due to her inability to work in an office.
High Court claim that settled for a high six-figure sum. The claim arose out of surgical negligence resulting in a permanent frozen shoulder that had caused significantly impaired function. Causation remained in dispute but the claimant’s medical evidence was that he was unlikely ever to return to full function.
Confidential settlements negotiated at mediation on behalf of three dependents arising out of a death during the Shoreham Air Disaster. There were disputes between family members as to the existence and/or extent of the dependency of three of these dependents; and their right to be added as individual parties to proceedings. The matter was resolved in their favour during mediation with the conflicted parties separately represented; and individual damages and costs orders negotiated.
High Court case that settled for a six-figure sum. Breach of duty and causation remained in dispute. The claim arose out of the failure of both the London Ambulance Service and the claimant’s local hospital to identify and treat pending compartment syndrome, resulting in permanent disability.
High Court claim that settled for a six-figure sum. The (retired) claimant suffered a damaged popliteal artery during knee surgery that resulted in permanently reduced mobility and independence. Breach of duty and causation were both in dispute. The case settled on the basis that the claimant would, absent negligent surgery, have maintained his independence for the foreseeable future without the need for permanent assistance.
£365,000 settlement negotiated at JSM on behalf of claimants whose mother tragically died in a plane crash. There were significant dependency claims for loss of child care services to her grandchildren that she had been expected to provide.
£382,500 settlement negotiated at JSM on behalf of claimant who suffered from life-changing disability due to the development of Chronic Pain Syndrome and Somatic Symptom Disorder. There was fundamental disagreement between the pain and psychiatric experts as to causation in light of the claimant’s pre-existing medical history; and as to prognosis (whether and to what extent she would recover). The claim settled on the basis that there would only be modest recovery in future.
£300,000 quantum settlement negotiated at JSM on behalf of claimant who suffered horrific leg injuries that prevented him from returning to his old work capacity. The settlement figure was reduced to reflect an agreed apportionment of liability.
£320,000 settlement negotiated at JSM on behalf of a claimant who lost her job as a teacher following the onset of symptoms from asymptomatic pars fractures after a serious motorcycle accident.
£320,000 quantum settlement negotiated at JSM on behalf of claimant who suffered disabling ankle injuries and was likely to require full fusion operations on both ankles in the future. The final settlement was discounted to reflect an agreed apportionment of liability.
Covid Risk And Reward: How To Mitigate The Risk Whilst Continuing To Trade
14th January 2021
With Covid-19 cases at their worst yet, it is critical that businesses remain alert to the necessity of managing health and safety in the workplace. Failing to do so risks both criminal and civil liability, as well as significant financial consequences. Lionel Stride discusses what steps can businesses taken in the 12th January 2021 issue of SME News.
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Back to Square One? New Law Journal – 8 January 2020
8th January 2021
Lionel Stride examines P v Royal Wolverhampton NHS Trust: more layers to the patchwork quilt in secondary victim claims in today’s issue of New Law Journal. Please see link below for full article.
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TGC Costs Update – Vol 7 December 2020
17th December 2020
Please see link below to the latest TGC Costs newsletter.
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TGC Podcast Covid – 19: RIDDOR Reporting and Causation in a Criminal and Civil Context
10th July 2020
Members of the Health & Safety and PI teams at Temple Garden Chambers have recorded their second podcast in our Covid – 19 series.
The podcast is essential listening on the implications for employers and employees in relation to the return to the workplace in the shadow of Covid 19.
Please join ranked leaders in the field Keith Morton QC and Dominic Adamson QC along with Lionel Stride, David R White and James Yapp via the below link.
The date of knowledge information as mentioned within the podcast can be obtained here.
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Safeguarding your services during the COVID-19 crisis
11th June 2020
Lionel Stride (with assistance from his paralegal Philip Mathews) has considered some of the implications for care homes arising out of the pandemic to assist with preparedness. This ties in with the Podcast that he and other members of the Health & Safety team have considered for duty-holders trying to mitigate the risks from the Coronavirus and to avoid criminal, as well as civil, liability.
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TGC Podcast: Avoiding Criminal Enforcement Action & Civil Claims in the Shadow of Covid-19
26th May 2020
Members of the Health & Safety team at Temple Garden Chambers intend to inform and assist in a topical podcast on the implications to employers on workers returning to the workplace in the shadow of Covid 19.
Please join ranked leaders in the field Keith Morton QC, Dominic Adamson QC along with Lionel Stride, David White and James Yapp via the link below.
More information on the speakers and the areas in which TGC can assist can be found at:
www.tgchambers.com
Or by contacting the clerks:
0207 583 1315 or clerks@tgchambers.com
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Clinical negligence in the time of Coronavirus
14th April 2020
Lionel Stride outlines in Hospital Times how the current pandemic could expose medical professionals to clinical negligence claims and the guidance out there to help clinicians and health providers through this difficult period.
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TGC Costs Newsletter Vol V
10th December 2019
Please see link below to the latest update from the TGC Costs Team.
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TGC Fraud Newsletter Issue X – October 2019
23rd October 2019
Issue X of the TGC Fraud Newsletter, a publication we have set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters, can be found at the link below.
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Judicial interpretation of ‘accident’ under the Montreal Convention (Labbadia v Alitalia)
19th August 2019
This article was first published on Lexis®PSL Personal Injury on 15 August 2019.
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TGC Costs Newletter Vol IV
4th June 2019
Please see link below to the latest update from the TGC Costs Team.
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TGC Costs Newsletter Vol III
10th December 2018
Please see link below to the latest update from the TGC Costs Team.
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TGC Costs Newsletter
17th May 2018
Please see link below to the latest TGC Costs Newsletter.
View External Link
Covid Risk And Reward: How To Mitigate The Risk Whilst Continuing To Trade
14th January 2021
With Covid-19 cases at their worst yet, it is critical that businesses remain alert to the necessity of managing health and safety in the workplace. Failing to do so risks both criminal and civil liability, as well as significant financial consequences. Lionel Stride discusses what steps can businesses taken in the 12th January 2021 issue of SME News. See link below to full article.
View External Link
Secondary Victim Claims: Back To Square One?
8th January 2021
Lionel Stride examines P v Royal Wolverhampton NHS Trust: more layers to the patchwork quilt in secondary victim claims in today’s issue of New Law Journal. Please see link below for full article.
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15th December 2020
Please see link below to the latest 26 page update from the TGC Costs Team.
Read more
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How Covid-19 has impacted the personal injury landscape
6th August 2020
Lionel Stride is quoted in this week’s issue of Insurance Times discussing how Covid-19 has impacted the personal injury landscape. See link below.
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27th July 2020
Lionel Stride represented the Claimant (instructed by Michael Hardacre at Slater & Gordon) in a High Court case that settled at a JSM for £1.6 million. The Claimant was involved in a high-speed collision that fatally injured his brother. He suffered multiple injuries, including compound splintered fracturing at the proximal end of the ulna bone (olecranon), with bone loss involving the articular surface of the ulna at the elbow; and displaced, comminuted fracturing at the shafts of the radius and ulna. The left elbow fracture had failed to unite, which meant that he would need complex surgery and, further in the future, an elbow replacement and revision procedures.
Read more
10th July 2020
Members of the Health & Safety and PI teams at Temple Garden Chambers have recorded their second podcast in our Covid – 19 series.
Read more
View External Link
19th June 2020
Lionel Stride represented the Claimant (instructed by Michael Hardacre at Slater & Gordon) in a High Court paraplegia case that settled at a JSM for £1.525 million. The Claimant was injured whilst using a squat rack in a ‘Free Weights’ gym when he stumbled and fell, resulting in a crush injury to his spine from the barbell that he had been lifting. There were no safety bars on the squat rack at the material time and it was the Claimant’s case that he had not been told of the need, or how, to use them. It was therefore alleged that the gym had failed to warn him of the need to use the safety bars with an induction or warning signs; and had failed to risk assess or provide health & safety training to its staff to enable an effective induction to take place.
Read more
Safeguarding your services during the COVID-19 crisis
11th June 2020
Lionel Stride (with assistance from his paralegal Philip Mathews) has considered some of the implications for care homes arising out of the pandemic to assist with preparedness. This ties in with the Podcast that he and other members of the Health & Safety team have considered for duty-holders trying to mitigate the risks from the Coronavirus and to avoid criminal, as well as civil, liability. Please see link below to his article.
View External Link
Care Homes must follow coronavirus guidelines or risk clinical negligence
27th May 2020
Lionel Stride warns care home staff to always strive to follow the relevant guidelines. Due to the increasing pressure that care home workers are under ‘mistakes will inevitably occur’. Please see link below to Lionel’s full article published today in Care Home.
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26th May 2020
Members of the Health & Safety team at Temple Garden Chambers intend to inform and assist in a topical podcast on the implications to employers on workers returning to the workplace in the shadow of Covid 19.
Read more
View External Link
14th April 2020
Lionel Stride outlines how the current pandemic could expose medical professionals to clinical negligence claims and the guidance that is out there to help clinicians and health providers through this difficult period.
Read more
View External Link
TGC Costs Newsletter
10th December 2019
Please see link below to the 5th edition of the the TGC Costs Newsletter.
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2nd August 2019
Lionel Stride, instructed by Rebecca Smith at Irwin Mitchell, has successfully represented the Claimant in a High Court claim arising out of his fall whilst descending disembarkation steps at Milan Airport. Margaret Obi, sitting in her capacity as a Deputy High Court Judge, was satisfied that this caused ‘an unusual or unexpected event external to him’, constituting an ‘accident’ within the meaning of Article 17 of the Montreal Convention 1999 (“the 1999 Convention”).
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27th June 2019
Lionel Stride, instructed by Louise Jackson of Browne Jacobson LLP, successfully represented the Second Defendant in a claim arising out of alleged ophthalmological negligence, which was heard over six days in the Norwich (and Cambridge) County Court. The Court was persuaded that the Second Defendant had acted competently when undertaking an ophthalmic examination at his own private clinic (prior to transfer to an NHS hospital); and that the Claimant had failed to establish that her subsequent retinal detachment could in any event have been diagnosed at either of his two assessments. HHJ Walden-Smith, sitting in her capacity as a High Court Judge, dismissed the claim in a reserved judgment handed down on 27 June 2019.
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TGC Costs Newsletter
4th June 2019
Please see link below for the 4th edition of the the TGC Costs Newsletter.
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TGC Costs Newsletter
10th December 2018
Please see link below to the latest update from the TGC Costs Team.
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TGC Costs Newsletter
17th May 2018
Please see link below to the latest TGC Costs Newsletter.
View External Link
4th July 2017
Welcome to the very first edition of TGC’s Costs Newsletter! Costs has been a huge part of our practice at TGC for as long as it has been recognised as a discrete area of law. Whilst the team has naturally changed and evolved over that time, it has retained phenomenal strength and depth from its leadership right through to its most junior members. We pride ourselves on being leaders in the field and being able to offer a client service level second to none. We remain extremely grateful for our Directory recognition, and through 2017 we’ve reinvigorated our energy levels as a team being ever ready to serve!
Read more
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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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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.
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