Lionel has a multi-track practice specialising in personal injury, clinical negligence and costs with complementary expertise in product liability (particularly in the context of aviation), inquests, health and safety, 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
Lionel acts for claimants and defendants in all areas of personal injury and clinical negligence.
He is regularly instructed in high value fatal and catastrophic injury cases, as well as those involving serious brain or head injuries, 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 is well versed in claims for serious bodily injury arising out of domestic and international aviation accidents and other claims with a foreign element, including complex dependency claims arising out of the Germanwings disaster in which there were significant disputes as to the applicable law, jurisdiction and quantification. Lionel’s regular practice also 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’s clinical negligence practice 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 and encephalitis), negligent nursing care of vulnerable patients in hospital, and failure correctly to advise of surgical risks or alternative treatment (application of Montgomery).
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, Civil Fraud and Credit Hire
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. This ties in well with his expertise in the field of credit hire, dealing with six figure hire claims and those involving more difficult issues of enforceability, illegality and ex turpi causa defences.
Legal 500 2019 (ranked for Personal Injury and Insurance Fraud): –
Legal 500 2017 (ranked for Personal Injury and Insurance Fraud): –
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)
PNBA
PIBA
APIL
HSLA
French
Undertakes Public Access work
Representing the dependents 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.
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.
Read moreSuccessfully defending 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.
Read moreHigh Court Claim on behalf of dependents of pilot and his wife who tragically died in light aircraft crash in 2015. The primary claim is 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. Breach of duty, causation and quantum are in dispute. The parties are due to engage in mediation in the middle of 2019, with the matter otherwise to be listed for a 10-day trial in late 2020.
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.
Ongoing seven figure claim proceeding in the High Court on behalf of the dependents of a deceased patient following the negligent failure to diagnose cancer.
Representing the defendant in a case pleaded at £2million proceeding in the High Court. There has already been a successful (contested) application to resile from an admission of liability; and the claim now proceeds with liability, causation and credibility all in dispute.
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.
Read moreConfidential 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 moreClinical 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.
19th August 2019
This article was first published on Lexis®PSL Personal Injury on 15 August 2019.
4th June 2019
Please see link below to the latest update from the TGC Costs Team.
10th December 2018
Please see link below to the latest update from the TGC Costs Team.
17th May 2018
Please see link below to the latest TGC Costs Newsletter.
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”).
Read more27th 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.
Read more4th June 2019
Please see link below for the 4th edition of the the TGC Costs Newsletter.
10th December 2018
Please see link below to the latest update from the TGC Costs Team.
17th May 2018
Please see link below to the latest TGC Costs Newsletter.
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 more10th 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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