John Brown

John has experience of complex and high value claims, including serious brain and spinal injuries and those involving chronic pain.

He has experience across the range of personal injury actions including road traffic, employer’s liability, public liability, product liability, fatal and sporting accidents. However, John has significant experience in employer’s liability claims and in particular those arising out of serious accidents on constructions sites.

John also has significant expertise in cases where fraud or fundamental dishonesty is alleged. Acting primarily for defendants in this area, he has secured a number of findings of fundamental dishonesty for major insurer clients both after trial and following stand-alone applications. He also has experience in the use of surveillance footage, telematics and other intelligence evidence.

John also has experience of industrial disease work and occupational stress claims. He has detailed knowledge of the issues that commonly arise in such litigation.

Examples of his current or recent work include:

• Acting for a Defendant in an employer’s liability claim involving a brain injury together with orthopaedic and facial injuries. Neurological symptoms including headaches, dizziness, impaired memory and speech problems. The Claimant has been left with behavioural, cognitive and emotional symptoms and is no longer able to work as a result. Claim currently valued at up to £1m.
• Acting for a Defendant in a claim involving a 2 year-old boy who fell out of a first floor window whilst his family were staying in temporary accommodation provided by the local authority. Injuries include multiple skull fractures and a brain injury (subdural haematomas and contusions of the right frontal and left parietal lobes).
• Acted for a Claimant who developed a chronic pain condition following an RTA. He was a successful businessman whose business and income suffered significantly. Claim valued at around £1.4m.
• Acted for a Claimant who sustained multiple and life-threatening injuries and whose partner passed away following injuries sustained in a serious road traffic accident. Claim (including Fatal Accidents Act claim) pleaded in the region of £800,000.
• Acting for a Defendant in two linked claims where both Claimants were passengers in the Defendant’s vehicle. The Defendant lost control of the vehicle whilst driving at high speed whilst drunk. The first Claimant sustained multiple serious injuries including spinal, rib and facial fractures. The claim has an estimated value of several hundred thousand pounds. The second Claimant died in the accident, leaving behind a number of dependents including a 3 year-old son. The claim (including financial and services dependency) has an estimated value of up to £1m.
• Acted for the Defendant in a case involving a brain injury with an estimated value in the region of £3 million.
• Acted for a 19 year-old Claimant who sustained significant and complex orthopaedic and neurological injury to his leg such that elective through knee amputation is currently being considered. Claim valued at over £1m.
• Acted on behalf of a young female Claimant who sustained an acquired brain injury following a skull fracture in a road traffic accident. Her injuries included difficulties with cognitive and motor function as well as marked personality changes.

John has experience of dealing with clinical negligence claims, often involving complex issues of liability, causation and quantum.

Examples of his current or recent work include:

• Delayed treatment for complex fracture to the elbow requiring radial head replacement leading to the development of ulnar neuritis and increased risk of arthroplasty.
• Delayed diagnosis of a child’s allergy to chemical components in his prothesis leading to the development of dermatological symptoms and significant restriction in prosthesis use.
• Failure by an optometrist to urgently refer to hospital in circumstances where there was an unexplained significant reduction in vision over a 6 month period resulting in reduced prognosis following corrective surgery.
• Dental negligence claims including failure to diagnose, monitor and treat periodontal disease and negligent provision of implants.

John has particular experience and expertise in cases involving allegations of fraud and/or fundamental dishonesty. Acting primarily for defendants in this area, he has secured a number of findings of fundamental dishonesty for major insurer clients both after trial and following stand-alone applications. He has experience of cases involving the use of surveillance footage, telematics and other intelligence evidence as well as cases involving fabricated or induced accidents, often requiring detailed consideration of expert engineering evidence.

John has significant experience in the field of regulatory and professional discipline, with a particular focus on the healthcare sector. He has regularly appeared before disciplinary tribunals and in particular the Nursing and Midwifery Council’s Conduct and Competence Committee in Fitness to Practice hearings. He has experience in dealing with substantial and complex cases often involving serious allegations of misconduct and lack of competence.

John also practises in the field of sports law. He has been appointed as a Judicial Panel Member for the Rugby Football Union hearing disciplinary hearings involving both on and off-field conduct at Levels 1-5 of the game.

John also has wider experience of other regulatory proceedings, including claims management services regulation, having represented the first ever company to be prosecuted for offences under the Compensation Act 2006.

As a keen sportsman himself, John has a particular interest in the crossover between sports and his other areas of work. He has a particular interest in accidents occurring in the course of both professional and amateur sports.

John’s practice also covers the regulatory aspects of sports law. He has been appointed as a Judicial Panel Member for the Rugby Football Union hearing disciplinary hearings involving both on and off-field conduct at Levels 1-5 of the game.

John has experience of cases involving personal injury in the Travel Law sphere. He acts on behalf of both Claimants and Defendants in cases brought under the Package Travel Regulations, Montreal and Athens conventions. Recent examples include road traffic accidents abroad, accidents in hotels (such as slips, trips and falls), food poisoning claims and accidents suffered whilst on board a plane or in transit in an airport.

John is experienced in advising in respect of issues concerning disputed and/or multiple RTA insurance cover, the provisions of the Road Traffic Act 1988, Article 75 and the application and operation of the MIB Untraced and Uninsured Drivers agreements.

John also has experience of broader insurance litigation including property damage and product liability claims. Recent instructions include a claim in respect of fire damage to a property allegedly originating from a defective dehumidifier.

John has a broad experience of general civil and commercial litigation. His work has included actions involving breach of contract, negligence (including professional), misrepresentation and undue influence. He has experience in areas such as the sale of goods, supply of goods and services and personal guarantees. His experience also extends to the related areas of both corporate and individual insolvency.

John also has experience of property matters including both residential and commercial property. He has experience of landlord and tenant actions, possession claims (including trespassers), suspension of warrants, forfeiture of leases, orders for sale, charging orders and service charge disputes.