Partner
Professional qualifications:
Honours Degree in Law - University of Kent
Qualified as a Solicitor in 1992.
Member, Personal Injury Accreditation Scheme - Solicitors Regulation Authority
Regulated Principal - Solicitors Regulation Authority
Experience:
John is an experienced Solicitor specialising in Personal Injury Law. He undertakes a wide variety of personal injury claims, in particular specialising in claims against employers.
John is the Practice Client Services and Complaints Partner.
Some of John's cases:
Legal Precedents
He has successfully acted on behalf of the claimants in two cases which went to the court of appeal which set important legal precedents.
Burgess -v- Plymouth City Council [2005] EWCA CIV 1659
John represented a school cleaner who tripped on a sandwich box left on a classroom floor.
It was part of the schools regular routine for these boxes to be put away at the end of the day prior to the arrival of the school cleaners. On this particular day a box had not been removed from the floor and the client who was employed as a school cleaner tripped and fell over the box.
The Court of Appeal withheld that even though it was the claimant’s job to clean the school it still imposed upon her employer an obligation and duty, as far as reasonably practical. Therefore despite being the client’s job to clean the school her employer still had to ensure that she could do so safely.
James –v- Butler [2005] EWCA CIV 1014
the claimant had purchased a conservatory kit for the rear of his property. The claimant asked his neighbour who had experience as a general labourer and who had good DIY skills to build it for him in his spare time.
On the date of the accident the defendant had almost finished building the conservatory and was working on the rafters. As the claimant entered into the conservatory carrying a cup of coffee, he was struck in the eye by a rafter which was inappropriately fitted by the defendant. At the time this was sensationally reported in a number of newspapers and home improvement magazines as a warning to everyone who asks the assistance of a friend or neighbour in doing DIY for them. However the case was not about that, rather that individuals are responsible for their own actions, particularly where the task that they are carrying out was as simple a task as tightening up a screw.
Accidents at work
John has been involved in a number of other notable cases including one involving an employee at a betting shop which was subjected to a robbery as a result of a fellow employee leaving a security door open.
In this case damages were awarded to the client because it was for the employer to ensure that their employees carry out their duties safely. An unusual feature of the case was that the injuries the client suffered were not physical injuries but a form of post traumatic stress as a result of witnessing the violent robbery and being subject to a violent assault.
John has also represented a number of clients who during the course of their employment have slipped or tripped at work as a result of poor lighting including one where the client at the end of the day went through a side route around the place where she was working which was unlit. This case was successful despite the defendants producing evidence that this was a route that they would not normally expect employees to use.
Military Injuries
John has also successfully fought on behalf of a number of claimants in actions against the MOD and Armed Forces as a result of injuries sustained whilst on exercise.
These includes a slipping on steps from a Bedford truck which had lost their tread and also a substantial claim arising from a defective seat inside a Challenger Tank which had broken causing the client serious injuries.
Prison Service
John has successfully brought a large number of claims against the prison service on behalf of prison officers.
These include claims as a result of the prison services failure to provide proper training as to the best way to deal with a violent prisoner, and a number of claims arising from tripping or slipping as a result of poor maintenance and cleaning regimes at the prison.
Sporting Injuries
Away from claims relating to the actions of employers, John has brought a number of successful claims against dry ski slopes including an action in Newport, South Wales when injury occurred as a result of the claimant loosing control of her ski’s and herself as a result of her trying to avoid a tree which had been left at the bottom of the slope.
