Areas of Work

Personal Injury and Fatal Accidents

1 Temple Gardens has been consistently recommended for several years as a leading Personal Injury set by both Chambers & Partners and the Legal 500.

Chambers & Partners 2009 said: '1 Temple Gardens impresses clients both on the claimant and defendant sides with its "robust, honest advice" and "eagerness to assist". Its commendable individuals include James Bell, a lawyer with "sound legal knowledge and a good grasp of detail". Particularly impressive on large quantum claims, he has a "well structured approach" and expertise in both claimant and defendant matters. Giving "good coverage on all levels and offering excellent service", Simon Browne takes on costs work; he also represents defendants in catastrophic brain and spinal injury claims, many of which result from sports injuries. He is recommended along with Marcus Grant who has gained a good name acting for insurers on complex fraud cases and representing claimants in subtle brain injury work.'

The Legal 500, 2008 recommended the following members of Chambers as leading PI juniors: John Bate-Williams, James Bell, Marcus Grant, Paul Kilcoyne, Richard Roberts and Alexander Glassbrook

The Editors said: '1 Temple Gardens juniors are in high demand. John Bate-Williams' loyal following praises him for "intimate industry knowledge". Similarly, Richard Roberts' "tenacity as an advocate" and "great attention to detail, particularly in relation to Schedules" are appreciated; and Alexander Glassbrook has a "modern approach to litigation", a sentiment that applied to the set as a whole. The "tactically astute" Paul Kilcoyne is commended for his "extensive court experience" in MOD inquests.' 1 Temple Gardens is instructed in all aspects of personal injury including:

Breach of Statutory Duty
Catastrophic Injury
Employer's Liability
Fatal Accidents
Highway Authorities
Industrial Disease
Injuries Caused by Animals
Inquests
Occupiers' Liability
Road Traffic Accidents

1 Temple Gardens is a long established set of chambers with an excellent reputation established over many decades. In recent years we have also added Sports, Traumatic Brain Injury, Chronic Pain, Stress at Work and Military Claims to this expertise. In addition we have been at the forefront of leading the way in tackling fraudulent injury claims providing Insurers with an array of proactive litigation measures to combat this endemic problem in the injury field.

With over 50 Members of Chambers we provide a depth and breadth of service to both Claimants and Defendants at all levels and in almost all areas of the injury field. Being seen to service the needs of Claimants and Defendants in equal measure enhances our reputation for sound judgment and objective advice and credibility in front of judges.

Members (both silks and juniors) frequently appear in the landmark PI decisions in the High Court, Court of Appeal and House of Lords (see below). Experienced practitioners specialise in multi million pound brain and spinal claims; we are represented on several exclusive Insurance panels including this prestigious Treasury Solicitor and MIB panels.

We also act for Unions and Claimants under CCFA and CFA funding agreements. We offer strategic advice to Insurers on generic issues in the PI field.

We have been involved in high profile Group Actions, both domestic and from abroad.

We are recognised for our expertise in coronial, health and safety and costs work which often compliments the needs of our mainstream PI client base.

We lecture nationwide on Interactive Webinars and to our peers at the Bar (through PIBA) on a variety of PI topics. We advise frequently on the incidence of Traumatic Brain Injury cases frequently missed by practitioners, Sports Claims ranging from spinal injuries in collapsed scrums, to diving accidents, injuries to professional jockeys and injuries to spectators in equestrian events. Military Claims include combat immunity issues, catastrophic injuries, discrimination, bullying claims and the assessment of loss of military career.

The Clerks Room at 1 Temple Gardens prides itself on its open and friendly approach that is directed at providing a reliable and efficient service to all our clients. Led by Senior Clerk, Dean Norton, there is a team of a further five dedicated clerks to assist in the instruction of counsel, level of fees and all listing matters.

We also offer a bespoke ADR suite for mediations and round table settlement meetings.

Notable recent reported cases include:

Spencer v Secretary of State for Work and Pensions : Moore v (1) Secretary of State for Transport (2) MIB [(2009) 1 All ER 314, CA. If a cause of action accrued to personal injury claimants for Francovich damages, for the government's failure to implement Community Law, it did so when the claimants suffered their personal injuries and their claims were statute-barred.

Byrne v (1) MIB (2) Secretary of State for Transport (2008) 3 WLR 1421, CA. The 1972 Untraced Drivers Agreement should be subject to a limitation period no less favourable than that which applied to the commencement of court process by a minor under the Limitation Act 1980, s.28

Williams v. Jervis [2008] EWHC Civ 2346 (QB) [Subtle brain injury judgment in which some of the Defendant's experts were discredited]

Young v Home Office House of Lords (2008) UKHL 6 Application of Limitation Act 1980 to claims for sexual abuse

Porton Down Action (2007) 360 Claimant group action against MOD arising from exposure by servicemen to nerve agents and other chemicals in non-therapeutic experiments conducted at the MOD's research establishment at Porton Down.

Maranowska v. Richardson & Arriva [2007] EWHC Civ 1264 (QB) [Judgment in a running down action]

Collier v. Arriva Yorkshire [2007] Lawtel 07.08.07 [Conscious exaggeration case]

Burton v Kingsbury High Court [2007] EWHC 2091 (QB) £6.3 million award for quadriplegic Claimant awarded by Flaux J.

Mountford v Newlands School Court of Appeal [2007] EWCA Civ 21 Sports injury to pupil due to negligence of school in fielding over age players

Van Wees v. Kharkour & Walsh [2007] EWHC Civ 165 £1.1 m subtle brain injury judgment. Detailed analysis of the medico-legal nuances of subtle brain injury

DTER v Mott McDonald & Ors. Court of Appeal (2006) 1 WLR 3356 Duty of Highway Authority to maintain highway