Personal Injury: Defence
Andrew is instructed by Insurers and Government Departments to defend serious and catastrophic personal injury claims. He is recommended in the 2025 editions of the Chambers & Partners and Legal 500 directories as a leading personal injury junior.
He is regularly instructed in heavyweight litigation and often appears against Leading Counsel. Andrew’s recent cases include:
- Christopher Fraser -v- Ministry of Defence [2024] EWHC 2977 (KB) (successful defence of a claim for Non-Freezing Cold Injuries (NFCI). The Claimant failed to beat the Defendant’s CPR Part 36 offer at trial).
- Richard Adams and Ors -v- Ministry of Defence [2024] EWHC 1966 (KB) (concerning CPR Rule 7.3 and the use of ‘omnibus’ Claim Forms in a cohort of >600 NFCI claims).
- Michael Mantey -v- Ministry of Defence [2023] EWHC 761 (KB) (successful finding of fundamental dishonesty at trial in a £1.6 million claim).
- Brian Muyepa -v- Ministry of Defence [2022] EWHC 2648 (KB) (successful finding of fundamental dishonesty in a £3.7 million claim following a 12-day trial).
- Brian Muyepa -v- Ministry of Defence [2021] EWHC 2236 (QB) (successful application by the Defendant to rely upon surveillance evidence)
Andrew has particular expertise in cases involving allegations of Fundamental Dishonesty pursuant to Section 57 of the Criminal Justice and Courts Act 2015 and CPR Rule 44.16.
Andrew was shortlisted for the ‘Barrister / KC of the Year’ award at the Manchester Legal Awards in 2023 and 2024. He is a member of the Attorney General’s Regional ‘A’ Panel of Junior Counsel to the Crown and is also a tenant at 12 King’s Bench Walk in London.
His experience includes cases involving:
- Allegations of fraud and / or fundamental dishonesty;
- Applications for committal for Contempt of Court;
- Serious traumatic brain injury;
- Subtle brain injury;
- Serious spinal injury;
- Amputation;
- Brachial plexus injury;
- Military claims (in particular, defending the Ministry of Defence in Non-Freezing Cold Injury, Noise-Induced Hearing Loss and PTSD claims);
- Fatal accidents pursuant to the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934;
- Chronic pain, CRPS, fibromyalgia, somatoform disorder and FND (functional neurological disorder);
- Serious psychiatric injury;
- Sports accidents;
- Accidents abroad, including disputes as to jurisdiction and applicable law under Rome II and the Private International Law (Miscellaneous Provisions) Act 1995;
- Industrial disease (including mesothelioma claims concerning the cost of immunotherapy treatment);
- Harassment, bullying and abuse claims; and
- Insurance disputes related to personal injury litigation (e.g.: claims involving the MIB’s Uninsured and Untraced Schemes, Article 75 insurers and Section 151 of the Road Traffic Act 1988).
Defence Cases
Andrew’s recent cases include:
- R -v- BBC Studios Productions Limited: Andrew is instructed to defend the BBC in relation to a claim by a cameraman for injuries sustained whilst filming a nature programme on the island of Zanzibar (ongoing in 2025).
- Various –v- MOD: Andrew is currently representing the Ministry of Defence in a cohort of more than 600 claims for Non-Freezing Cold Injuries (NFCI) sustained by soldiers. These cases frequently involve limitation and liability issues; complicated medical causation issues; the marshalling of complex medical expert evidence; significant quantum issues concerning the lost chance of a full military career with detailed loss of earnings and pension calculations; and complicated procedural case management issues (ongoing in 2025).
- G -v- MOD: Andrew is instructed to represent the Ministry of Defence in its defence of a claim by a soldier who suffered a catastrophic brain stem injury during a grenade throwing practice session. The claim is provisionally pleaded in excess of £10 million (ongoing in 2025).
- S -v- MOD: Andrew represented the Ministry of Defence in a claim by a former soldier for damages for historic abuse and PTSD. The Claimant was represented by leading counsel. A confidential settlement was negotiated at a JSM in December 2024.
- D -v- MOD: Andrew represented the Ministry of Defence in a claim by an RAF service person who suffered an elective below-knee amputation following an accident at RAF Akrotiri in Cyprus. The Claimant went on to participate in the Invictus Games. The case involved complicated issues of medical diagnosis and causation; difficult issues concerning the offsetting of various Armed Forces Compensation Scheme payments; and complicated quantum issues relating to earnings, pension and care. The case settled for a confidential sum at a JSM in January 2024.
- James Barry -v- MOD [2023] EWHC 459 (KB): Andrew represented the Defendant at an 8-day trial before Johnson J. in relation to this claim by a former Royal Marine for damages for Noise-Induced Hearing Loss (NIHL) sustained during his military service. The case concerned issues of contributory negligence, medical diagnosis and an Ogden 8 “disabled” future loss of earnings claim.
- SL -v- MOD: Andrew represented the Ministry of Defence in a claim by an Army WO2 injured in a Challenger Tank accident at Castlemartin Ranges, South Wales, in June 2017. The gun’s obturator pad had been removed for cleaning and it was fired with the pad missing. Ignition gases backfired into the tank’s compartment. Further propelling charges that were lying on the compartment floor exploded. They should have been kept in the secure charge bin. Two Corporals were killed and two others, including SL, were very seriously injured. SL’s injuries included burns to 35% of his body requiring skin grafts; the loss of all digits on his left hand; and PTSD. There was disputed expert evidence as to whether he had suffered a hypoxic or traumatic brain injury. A confidential settlement was negotiated at a JSM in November 2022.
- C -v- MOD: Andrew represented the Ministry of Defence in a claim by an Indian soldier who suffered a traumatic below-knee amputation whilst participating in a joint training exercise with the MOD in the UK. The claimant returned to India. The case raised various difficult issues including the correct quantification of loss under English law where the claimant’s rehabilitation will take place in India; the cost of care in India; the reasonableness of Indian prosthetic provision; the use of English and Indian experts; and consideration as to whether a different discount rate should be applied under the Damages Act 1996. The claim settled at a JSM in March 2020 for £700,000.
- ERS -v- BTL: Andrew defended a haulage company against a substantial claim by its motor insurer for the reimbursement of sums paid out to third parties following a serious road traffic accident when a lorry collided with a Metrolink tram in Manchester. The case raised difficult issues concerning forms of consent and assignment, material non-disclosure, Section 151 of the Road Traffic Act 1988 and unjust enrichment. The case settled at a Mediation in January 2020.
- Malcolm Carew -v- Ministry of Defence [2019] 6 WLUK 858: Limitation trial in an NFCI claim.
- L –v- H and M: Andrew represented the defendants in a claim arising from a riding accident at a livery yard in which the claimant fell from a horse and was rendered paraplegic. The claimant was represented by leading counsel. The claimant’s schedule of loss exceeded £4 million. Andrew successfully negotiated a settlement of £150,000 in January 2018.
- Watson -v- Ministry of Defence [2016] EWHC 3163: Successful application by the Defendant to rely upon surveillance evidence in a £2 million claim.