Experience

Covid 19 /  Coronavirus Update

Michael has for many years worked successfully both remotely and electronically. In the present climate he is very comfortable receiving all papers electronically and has facilities to undertake conferences with clients, experts and insurers via e- conferencing, including video, Skpe and WhatsApp. Despite the unusual and difficult present situation Michael can continue to provide a fully comprehensive service.

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.

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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

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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.


Resounding victory for Claimant in complex brachial plexus injury arising from RTA

6th December 2019

Michael Rapp, and his instructing solicitor Christopher Kardhaji of Irwin Mitchell, Sheffield, received judgment in a 3 day case in Southend county court in front of HHJ Holmes. C suffered a significant whiplash injury. On her case she suffered a significant peripheral nerve injury that affected the function of her left arm. Whilst she remained capable of day to day activities she asserted that had the accident not occurred she would have returned to work after a career break looking after her family. On her case she would have returned to work as a Legal Secretary at a US law firm. Within a few years she would have been earning £70,000 gross. Instead as a result of her restricted hand and arm function she was restricted to working as an administrator for her husband’s car repair shop earning no more than £12,000 p.a.

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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.

Data Controller

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, London EC4Y 9DA and my registration number is Z2999728.

Data Collection

The vast majority of the information that I hold about you is provided to or gathered by us in the course of your case and/or proceedings. Your solicitor and/or I will tell you why we need the information and how we will use it.

Our Lawful Basis for processing your information

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • To protect the vital interests of a data subject or another person
  • Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Examples of legitimate interests include:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  • Processing necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security.

Ordinarily my Lawful Basis is likely to be one of the following four reasons:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation

To protect the vital interests of a data subject or another person

I use your information to:

  •  Provide legal advice and representation
  • Assist in training pupils and mini-pupils
  • Investigate and address your concerns;
  • Investigate or address legal proceedings relating to your use of my services/products, or as otherwise allowed by applicable law;

I do not use automated decision-making in the processing of your personal data.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

Client data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information
  • Medical Records
  • Criminal Records

I may share your personal data with:

  • Instructing solicitors
  • Pupil or mini pupil, under my training
  • Opposing Counsel, for the purposes of resolving the case
  • My Chambers management and staff who provide administrative services
  • My regulator or legal advisors in the event of a dispute or other legal matter;
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
  • Any other party where I ask you and you consent to the sharing.

Transfers to third countries and international organisations

I do not transfer any personal data to third countries or international organisations.

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as claim or dispute;
  •  I am legally required to; or
  • There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.

Your Rights

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me at Temple Garden Chambers, London EC4Y 9DA  or clerks@tgchambers.com.

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I will occasionally update my Privacy Notice. When I make significant changes, I will notify you of these through either mail or email. I will also publish the updated Notice on my website profile.

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Coronavirus Update 6 July 2020

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to clerks@tgchambers.com. We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or dnorton@tgchambers.com.

To learn more visit our Covid-19 Information page.