Philip De Berry

Personal Injury

Phil has developed a very busy practice in personal injury and industrial disease litigation. He has significant trial experience in industrial disease cases and routinely settles cases at JSM valued up to £1m. Phil has appeared before the Court of Appeal, High Court and Divisional Court in appeals and catastrophic injury cases. He is familiar and adept in dealing with the issues arising in catastrophic brain injury matters, fatal accidents and complex medical causation cases. His costs background makes him ideal for interlocutory matters involving costs management.

Phil is known for his strong trial advocacy, his tactical awareness and determination to leave no stone unturned in preparing and conducting a case. He likes to be involved at an early stage and welcomes the opportunity to have input as a case progresses. Phil appreciates the need to be accessible and offers a swift turnaround of papers, often within 7 days. Phil enjoys the knotty, technical cases which often result in appeals. He is routinely instructed to draft points of dispute and replies in high value cases.

As regards industrial disease work, Phil has considerable experience in the full range of work within this discipline, to include asbestos matters, respiratory diseases, HAVS, RSI and NIHL. Some of the cases he has been involved in are set out below (see notable cases). Phil has extensive experience of mesothelioma cases includes attending evidence on commission hearings, JSMs, show cause hearings and trials. Phil has acted against silks at times and been involved in cases which push the boundaries of the principles addressed in Bussey. Asbestos cases now form the bulk of Phil’s industrial disease practice, although he continues to accept instructions in relation to other areas of industrial disease, including other respiratory disease, HAVS, deafness and RSI type cases. Phil has attended numerous inquests on behalf of Claimants and Defendants in connected proceedings.

Notable cases for which transcripts are available include the following:

• Ness v Lendlease [2023] EWHC 1219 (KB) – a long-running fatal mesothelioma case resulted in judgment for Phil’s client following a three day liability trial.
• Smith v Jed Weld, (2013) Sheffield County Court, Lawtel – an industrial disease case which focused on breach of duty and medical causation. Cross examination of medical experts proved to be decisive.
• Aldred v Courtaulds Textiles (2012) – Liverpool County Court (LTL 6/2/13) – a four day case which exclusively concerned medical causation in NIHL claims. The claim was novel in that it was the first time the Court had been asked to consider the concept of averaging hearing threshold levels from different audiograms.

Other Notable Cases

– Smith v Jed Weld, (2013) Sheffield County Court, Lawtel.
This industrial disease case was focused on breach of duty and medical causation. Cross examination of medical experts proved to be decisive.

– Aldred v Courtaulds Textiles (2012) – Liverpool County Court (LTL 6/2/13)
This 4 day case was exclusively concerned with medical causation in NIHL claims. The claim was novel in that it was the first time the Court had been asked to consider the concept of averaging hearing threshold levels from different audiograms.

– Palfrey v Morrisons – [2012] EWCA Civ 1917
This case was an appeal and cross appeal to the CA in relation to a tripping accident at a Supermarket. The case involved an L-shaped stacking trolley often used in certain types of stores. As a result, the judgment attracted significant media attention and has been reported widely in the legal press.

– Bradley Fold & Wright v VOSA – Divisional Court 2011
This case made the transport press. The issues included the extent to which private use of a passenger vehicle was exempt from the regulatory provisions and the interplay between the domestic and European codes.

– Whitstance v Valgrove – Ref: Ltl 12/10/09
The Designated Civil Judge in Manchester considered the effect of the changes to Part 36 in relation to offer, acceptance and withdrawal of offers. This decision was later considered in the case of Gibbon v Manchester City Council [2010] EWCA Civ 726.

– Sherred v Western Housing – Manchester County Court – HHJ Holman
The Designated Civil Judge considered the appropriate test for pre-action disclosure and overturned the decision at first instance which had been adverse to the Claimant.

– Connaughton v Imperial College NHS Trust – Master Howarth, SCCO 30/7/10 Ref: Ltl 9/8/10
A case concerning the recoverability of costs prior to a win under the Law Society Model CFA. The decision was in favour of the Claimant and set a precedent which has since been followed.

Inquests & Public Inquiries

Phil’s involvement in inquest work stemmed from his background in industrial disease litigation. Initially, Phil typically acted for families in mesothelioma and lung cancer cases involving asbestos exposure. Questioning of medical experts, including Respiratory Physicians and Histopathologists was a common feature of those cases, often involving complex questions of causation and epidemiology. Phil’s involvement in inquest work is now more diverse and overlaps with his other work interests, including personal injury, clinical negligence and Court of Protection work. Phil has acted for bereaved families, NHS Trusts and companies.

Recent examples include the following:

• Representing a GP practice following a death by self harm. The inquest lasted 8 days and focused on the treatment, management and support offered to the deceased.
• Acting on behalf of a supported living service following an alleged suicide. This case involved issues concerning medical negligence and the adequacy of supervisory care.
• Acting on behalf of the family in a case involving potential clinical negligence in the treatment of lung cancer.

Court of Protection

Phil has been acted in some high profile cases in which the COP was tasked with determining whether P should receive the Covid-19 vaccine. This included appearing in the High Court on appeal on behalf of the CCG in one seminal matter. The citations for judgments in this case are as follows:

• A CCG v DC [2022] EWCOP 2
• MC v a CCG [2022] EWCOP20

Examples of Phil’s other COP work include the following:

• Pursuing committal proceedings through to a final hearing on behalf of a Local Authority. The proceedings were a last resort to address the behaviour of a family member determined to undermine the placement of P.
• Acting for family members attempting to remove P from a care home to be cared for at home.
• Representing family members in a matter concerning the capacity of a loved one to grant lasting powers of attorney.
• Acting for the CCG in a matter which involved funding issues with the Local Authority.
• Acting for an Integrated Care Board regarding best interest decisions concerning the accommodation of P.
• DOLS application pursuant to the streamlined procedure concerning P who wished to explore and maintain sexual relationships

Insurance Fraud

Phil is a long-standing member of the Insurance Fraud group. He has acted for Defendant public bodies and insurers on such matters and offers suitably robust advocacy.

Phil has conducted many claims involving LVI and phantom passengers, often obtaining findings of fundamental dishonesty on behalf of insurers. Similarly, Phil has acted exclusively for defendants in travel sickness claims with a very high success rate.

Phil’s costs background means he is ideally placed to handle issues relating to third party costs orders and QOCS.

Travel & International Personal Injury Law

Phil practised in the Falkland Islands for a period in 2005 which provided him with a wider legal perspective and experience of transnational legal issues.

Phil is accomplished in handling cases involving accidents abroad and travel claims. He has experience of managing cases relating to EU and non-EU countries, and accidents at sea brought in the Admiralty Court. He also has experience of road transport related cases involving HGVs, PSVs, tachographs and transport administration. He recently attended the Association of Road Transport Lawyers bi-annual weekend event.

Recent cases include the following:

– Advising a claimant in relation to a tripping accident at a hotel in Cuba in which a nasty fracture was sustained. Despite contested local standards evidence a settlement was achieved.
– Advising on the direct right of action against insurers.
– Advising a claimant in relation to a boating accident in the Solent when a fracture to the back was sustained in rough weather.
– Advising in relation to a quad biking accident in Bulgaria involving multiple fractures.
– Defending travel sickness claims involving groups of claimants seeking damages up to £200k.

Clinical Negligence

Phil has a significant clinical negligence practice with experience of cases involving:

– Failure to treat DVT leading to pulmonary embolism

– Negligent hernia repair and aftercare

– Negligent plastic surgery

– Negligent dental surgery

– Negligent physiotherapy/ OT advice and supervision

– Bed sores due to inadequate nursing care

– The inappropriate prescription and administering of drugs

Costs

Costs litigation has formed a part of Phil’s practice for many years. He has experience of conducting costs cases valued in excess of £1m and group litigation. His costs practice has involved him appearing in a variety of courts including the Upper Lands Tribunal. Phil enjoys the knotty, technical cases which often result in appeals. He is routinely instructed to draft points of dispute and replies in high value cases.

Phil is also experienced in claims relating to solicitor-client issues, especially where it is alleged that a retainer has been wrongfully terminated or a solicitor has failed to act in accordance with the agreement.

Reported past successes include the following:

• Southern v Zurich Insurance PLC, 13/7/21 – an appeal from a DJ to a Circuit Judge in which the Claimant successfully overturned a ruling QOCS costs protection should be disapplied. The case concerned the ambit and meaning of CPR44.15(1)(c), conduct of a Claimant or someone acting on the Claimant’s behalf and with their knowledge which is likely to obstruct the just disposal of proceedings.
• Whitstance v Valgrove – Ref: Lawtel 12/10/09 – the Designated Civil Judge in Manchester considered the effect of the changes to Part 36 in relation to offer, acceptance and withdrawal of offers. This decision was later considered in the case of Gibbon v Manchester City Council [2010] EWCA Civ 726.
• Sherred v Western Housing – Manchester County Court – HHJ Holman (DCJ) considered the appropriate test for pre-action disclosure and overturned the decision at first instance which had been adverse to the Claimant.
• Connaughton v Imperial College NHS Trust – Master Howarth, SCCO 30/7/10 Ref: Ltl 9/8/10 – A case concerning the recoverability of costs prior to a win under the Law Society Model CFA. The decision was in favour of the Claimant and set a precedent which has since been followed.

Civil Claims

For Criminal Actions: Sexual Offences 

Phil has acted for a number of high profile and high net worth clients defending allegations of sexual impropriety with claims valued up to £300k.

For Criminal Actions: The Police 

Phil has acted for Claimants in relation to allegations of trespass, assault, false imprisonment and harassment. Past experiences include conducting

jury trials in both civil and criminal proceedings. Phil has good insight and background understanding related to these claims having been a police station advisor prior to becoming a barrister.

Professional Negligence

Phil has experience of a wide variety of professional negligence matters. He offers considerable expertise in claims against personal injury and industrial disease lawyers, including claims relating to the Claims Handling Agreements for Industrial Diseases and costs related matters.

Philip’s experience is not limited to claims against legal representatives. He was recently involved in a claim for veterinary negligence, involving a novel claim for damages for distress pursuant to Milner v Carnival. Phil has also advised on claims against expert witnesses.

Associations

Personal Injury Bar Association

Education

LLB (Hons), Liverpool University

BVC, Nottingham Law School

Awards

Pupillage Scholarship, Lincoln’s Inn

Prescribed Information

Philip de Berry is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Philip can be found here.

Phil’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for Phil to undertake Court services for a fixed fee. Advisory work and conferences are most commonly charged at an hourly rate. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Phil will typically return paperwork within 10-14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.

Phil also undertakes Direct Access work. This work is undertaken on a contractual basis agreed between the client and Phil’s clerks. This is on fixed fee basis for a specific events such as a conference, advisory work, a hearing with additional hearing days (refreshers) or the drafting of specific documents. All work agreed to be undertaken by Phil with the fixed fee cost will be clearly outlined in the direct access contract signed by the client and will be payable in full prior to the commencement of the work.