Personal Injury
David Knifton KC practises exclusively in high-value personal injury and clinical negligence cases on behalf of claimants. He is recommended as a leader in those fields by both Chambers & Partners and The Legal 500, and was shortlisted by the latter as PI Silk of the Year in 2023 and 2024.
He is regularly instructed in claims of the utmost severity, and consistently achieves multi-million pound settlements each year. His enormous experience, meticulous preparation, excellent client skills and pragmatic approach are highly-valued by clients.
His personal injury practice covers the following areas:
- brain injuries
- spinal cord injuries
- claims for loss of a limb
- other catastrophic injuries
Chambers & Partners ranks him as a Tier 1 Leading Silk, and describes him as “a talented silk who specialises in acting for claimants who have suffered catastrophic brain and spinal injuries and amputations, notably those with complicating factors such as disputed liability and contributory negligence.” Clients observe that “his skills in serious personal injury cases are second to none”, that he is “effortlessly knowledgeable in personal injury matters of the utmost severity and complexity” and that he is “my go-to silk for the most complex matters”.
Similarly ranked as a Tier 1 Leading Silk, the Legal 500 describes him as “one of the most forensic minds at the Bar. He excels in work requiring complex, detailed analysis and is prepared to fight to secure optimum results for his clients.”
David has a particular interest in difficult liability issues, such as failures to wear seatbelts or cycle helmets, pedestrian contributory negligence, claims brought by injured servicemen against the MOD and claims arising from aircraft accidents. Recent successes include an award of £3m for a glider pupil who suffered a spinal cord injury in a mismanaged launch, and the negotiation of substantial damages on behalf of a young woman who suffered incomplete paraplegia when she fell from a city-centre parapet wall after drinking. He also secured an award of over £8m for a boy who suffered catastrophic brain injury when he drowned whilst in the care of local authority foster carers.
An acknowledged expert on life expectancy issues and the application of the Ogden Tables, he has extensive experience of drafting complex Schedules of Loss in high-value claims, and invariably produces a spreadsheet indicating settlement parameters for any joint settlement meeting, providing the client with clear advice to enable them to make difficult decisions. His experience and proven track record in negotiations consistently leads to outstanding results.
Personal Injury Cases
S v MIB (2024): Damages of £2.75m net of a 15% liability deduction were secured on behalf of a pillion passenger who suffered a below-knee amputation after accepting a lift from the rider of an uninsured motorcycle
DGX v BCC (2023): In a rare example of a local authority being held liable in negligence in selecting and monitoring a foster placement, David secured an award of damages with a global value of £8.034m on behalf of a boy who suffered catastrophic brain damage as a result of a tragic drowning accident whilst in the care of local authority foster parents
S v MD Engineering (2023): David negotiated a settlement of £4.7m for a young electrical apprentice who suffered a severe traumatic brain injury when he was crushed beneath an electrical cabinet at work
R v H (2023): Damages of over £4m were obtained to meet the lifetime needs of a young man who suffered a severe brain injury and other orthopaedic injuries in a serious car accident, despite significant difficulties in engaging him in a programme of rehabilitation
M v Pryor Farms (2023): Damages of £3.98m, including funding for numerous prostheses, were secured on behalf of a young man who underwent a below-knee amputation following a devastating farm accident
M v Milligan (2023): Damages of £1.925m recovered for a motorcyclist who suffered a severe crushing injury to his foot, leading to a below-knee amputation. A skilled golfer and high-activity user, the award included provision for a Meridium prosthesis with a microprocessor ankle as his primary limb, together with a 2nd activity limb for golf and a water activity limb
M v British Airways (2023): An award of £1.17m was secured on behalf of an aircraft engineer who suffered a severe brain injury when he fell from staging during aircraft maintenance operations
H v York CC (2022): Above-knee amputation to motorcyclist with mild learning difficulties, after he struck a pothole, resulting in an award of £1.9m
W v York CC (2022): David secured damages of £1.5m for a refuse collector who suffered an above-knee amputation when accidentally run over by the bin lorry
G v T (2022): Moderate brain injury to child passenger in road traffic accident, where there was starkly conflicting expert evidence as to the extent of his future care needs and employment prospects
O’R v Glasham Gliding Society (2021): Damages of £3m awarded to a student who suffered a spinal cord injury resulting in T11 paraplegia when her instructor failed to take control of the glider following an aborted take-off
L v MIB (2021): Damages of £1.875m secured for severe brain and orthopaedic injuries sustained by a pedestrian struck by a van in the 2017 London Bridge terrorist attack
C v British Steel (2021): Damages of over £1.63m were secured for a 63 year-old man who suffered an above-knee amputation when his leg was crushed by the gearbox and axle of a slag cart on which he was undertaking maintenance
King v MIB (2021): A net settlement of £1m was negotiated shortly prior to trial on behalf of a motorist who suffered a below-knee amputation in a high-speed collision, where liability was likely to be apportioned on a 50:50 basis
S v Jones (2020): £6.375m settlement negotiated on a provisional damages basis for a young man who suffered paraplegia as a result of a motorcycle accident, when his previous legal team had advised the claim was worth no more than £2.4m
K v Tradex (2020): Damages of £3.8m secured on behalf of a young man who suffered a severe brain injury in a car accident, in what is believed to be the first JSM conducted entirely remotely
W v Freightliner (2020): An award of nearly £3.2m was secured on behalf of a mechanical fitter who suffered a below-knee amputation after falling into an inspection pit
M v MOD (2020): An award totalling over £3.1m was secured on behalf of a Territorial Reserve officer who suffered a major depressive disorder when his inadequately-armoured vehicle was struck by an IED in Afghanistan
M v MOD (2020): An overall settlement worth over £2.15m was negotiated on behalf of a Royal Marine who suffered multiple orthopaedic injuries when his inadequately-armoured vehicle was struck by an IED in Afghanistan
M v Harper (2020): Damages of £1.9m recovered for a brain injury sustained by a child pedestrian struck by a car, where there was a significant dispute between experts as to the nature and severity of his injury
S v B (2020): David secured an award of over £1.2m for a pedestrian who suffered a severe brain injury when he stepped in front of a car whilst drunk, after a previous QC had advised that the claim had little prospect of success
MIB v Lewis (2019): Landmark ruling, in which the CA upheld a judgment that the MIB was directly liable under the EU Motor Insurance Directives for catastrophic spinal cord injuries caused by the use of an uninsured vehicle on private land. Although the injuries did not arise out of the use of the vehicle on a “road or other public place”, and hence fell outside the scope of the compulsory insurance requirements under Part VI of the Road Traffic Act 1988 and of the MIB’s liability under the Uninsured Drivers’ Agreement, the MIB was held liable under the Directives as an emanation of the state. Permission to appeal or to refer the case to the CJEU was refused by the Supreme Court
G v MOD (2019): A total settlement worth almost £4.2m was secured in respect of an above-knee amputation to a soldier whose inadequately-armoured vehicle was struck by an IED in Afghanistan, after the MOD was persuaded to abandon its combat immunity defence
W v S Evans & Sons Ltd (2019): Catastrophic injury claim, in which the Claimant suffered amputations of both hands in an industrial accident. A settlement of £2.1m was negotiated. Although the Claimant ultimately derived limited assistance from myoelectric prostheses, the settlement included the full purchase costs of a suitably-adapted bungalow, together with substantial carer support
N v Walker & EUI Ltd (2019): Severe brain and orthopaedic injuries to a young female passenger in an RTA. The Defendants sought a deduction for contributory negligence, arguing that she had encouraged the driver to drive dangerously. A settlement of £1.7m was negotiated, including a contingent claim for future care costs
M v MOD (2018): A claim for severe brain injuries suffered by a Navy pilot who fell from the deck of an aircraft carrier, in which David negotiated a total award valued at over £7.1m
A v Wood (2018): Settlement of £3.9m was negotiated on behalf of a motorcyclist who suffered severe brain and brachial plexus injuries in a collision with an oncoming car, despite evidence that he had failed correctly to fasten his helmet
S v E-On (2018): David negotiated a settlement of £2.75m on behalf of a young woman who underwent a below-elbow amputation as a result of suffering an electrocution at work
A v Patel (2018): Damages of £1.5m on a provisional basis obtained on behalf of a young man who was struck by a car which mounted the pavement, resulting in severe orthopaedic injuries to both legs, requiring extensive surgical reconstruction
Haines v Stobart (2018): Damages of £1.4m negotiated on behalf of an HGV driver who suffered a functional neurological symptom disorder, leading to significant disability, following a minor back injury when the step of his cab collapsed
MW v Hussain (2017): Catastrophic brain injury suffered by a blind member of the traveller community deliberately run down by a car, in which David’s collaborative approach led to a settlement worth over £7.16m, including provision for a farmhouse with space for visitors’ caravans
