Profile description
Andrew's clinical negligence practice has recently involved cases concerning cerebral palsy caused by hypoxia at birth, failure to diagnose, urology, cardiology and neurosurgery.
In the personal injury field Andrew has vast experience in fatal accident claims, occupational health litigation (especially mesothelioma claims), employers liability litigation (for example Corr v IBC, the suicide case, HL) road traffic claims, Motor Insurers Bureau law and Road Traffic Insurance law (for instance Rafiq v MIB, CA). Andrew edits volumes 3 and 4 of the leading Personal Injury text Kemp & Kemp: Quantum Of Damages and in recent years wrote 8 of the chapters in volume 1.
Many of Andrew's reported cases concern catastrophic injuries: brain damage, spinal injury and PTSD, for instance he represented many victims of the Paddington rail disaster.
Andrew represented the family of Carlos Estrada before the coroner at the 8 week Inquest into the terrorist attack at In Amenas, Algeria. For most of the 69 witnesses Andrew led the questioning for the bereaved families. The coroners verdict included many findings of fact which highlighted the lack of security at the facility.
Granted temporary rights of audience of the Cayman Island bar Andrew has experience ofpersonal injury litigation in the Cayman Islands.
Andrew also represents medical professionals before regulatory and disciplinary tribunals and also has considerable experience in professional negligence work arising from personal injurylitigation.
Direct Access: Andrew is trained and approved by the Bar Council to accept instructions directly from the lay client.
Commentaries: Recommended in Chambers & Partners guide to the legal profession for many years, now as a grade 1 Queen's Counsel. Fellow professionals have commented over the years as follows:
2014 edition: “A high-ranking silk, noted by many for his prowess in larger clinical negligence cases, especially those involving cerebral palsy and failure to diagnose disease.
"He is the cream of the crop, a no-nonsense QC who cuts right to the key issues. When you have a high-value clinical negligence claim, he can juggle complex liability and quantum concerns. He is also excellent with experts and good at reassuring with clients."
2013 edition: "a brilliant rising star" who "fights to get the client's story heard." His "precise mind" is applied to a wide variety of cases, although observers say he is "particularly outstanding on RTA liability."
2012 edition: Possessed of: "one of the sharpest minds around," the "astute and straight-talking"…"can really drill down and extract the relevant detail in any matter." He has a "forensic yet innovative appreciation of the strengths and weaknesses of personal injury claims,"
2011 edition: "known for his "persuasive, dogged and focused" approach.
2010 edition: "An extremely astute barrister of undoubtedly high calibre" he "offers a guarantee of excellence."
2008 edition: Awarded "PI junior of the year". Described as "An extremely knowledgeable advocate who gains a recognition for his incredible grasp of detail and his ability to make something complex seem straight forward...he is a renowned expert in the field"
2007 edition: "tough yet friendly" and "one of the best on his feet …" ?… being "incredibly straight" and "someone you now where you stand with."
Recommended in the Legal 500 UK Client's Guide to the Legal Profession for many years. Fellow professionals commented as follows:
2010 edition: is 'devastatingly clever', 'fearless and brilliant'.
2008 edition: "...has outstanding technical knowledge allied to tough forensic skills" and a "personable and decisive approach".
2007 edition: "He is tenacious, meticulous and understated, ... simply he is extraordinarily good all round."
CASES
Clinical Negligence:
P v Medway [2015] representing a man in his late 50s with bladder cancer who whilst receiving a replacement bladder suffered hemiplegia due to spinal haematoma caused by failed epidural injections for anaesthesia and inadequate on ward surveillance post operatively. P ran an investment brokerage raising finance for hedge funds. Loss of opportunity to make future profits was in issue. Settled for £1.7 million plus PPOS for care.
W v Royal Surrey NHST [2013] representing a child born with spastic cerebral palsy due to hypoxia, the injury being caused in part by the hospital’s failure to carry out a caesarean section. Liability settled at 70%.
B v St Barts and the Royal London [2013] representing a nurse who suffered congenital malrotation of the gut and underwent an operation to resolve it which was carried out negligently leading to removal of the whole of her gut and reduced her life expectation. Settled for a large sum.
Cerebral Palsy Claims
Potter v South Tees Hospitals NHST [2012] Representing the claimant who suffered septicaemia due to negligent lack of prophylactic antibiotics during a kidney operation. Liability eventually conceded and damages settled at £1 million.
W v South Yorkshire HA [2012] Sheffield, acting for a child who suffered athetoid cerebral palsy due to negligence intubation during resuscitation after birth. Approved award: £2 million plus PPOS of £112,400 pa for life.
Morris v Gwent Healthcare NHS Trust [2007] Cardiff D.R. Lawtel, Hypoxia at birth, cerebral palsy, settlement, Lump Sum value £3 million, periodical payments for lost earnings £15,000 pa to age 70, stepped periodical payments for care £70,000 pa for life (index linked to the ASHE).
Raichura v Leicestershire HA [2003] Lawtel, Leicestershire District Registry (HHJ Hall QC).The claimant, a 23-year-old man, received a "bottom up settlement" or periodic payments settlement (with an old style lump sum value of £2,920,000) for the severe hypoxic-ischaemic brain damage sustained during his birth in November 1979. Cerebral palsy and tetraplegia, severe cognitive impairment, wholly dependent on others for his care and daily needs.
Failure To Diagnose Claims
Potter v South Tees Hospitals NHST [2012] Representing the claimant who suffered septicemia due to negligent lack of prophylactic antibiotics during a kidney operation. Liability eventually conceded and damages settled at £1 million.
Lanham v Mid Essex NHST & others [2012] Representing a 42 years old man who suffered a stroke due to negligent failure to treat TIAs (transient ischaemic events). Settled for £1 million.
Welsh v Plymouth Hospitals NHST [2011] Failure to diagnose benign brain tumour leading to delayed brain operation and severe brain damage. Complicated expert evidence on breach and causation of tumour and on prospects of improved result with earlier surgery. Settled at £500,000.
Deneven v Leeds Hospitals [2010] Leeds DR, Representing child blinded by the hospital's failure to treat eye infection after birth. Approved award £1,000,000.
Bingham v Doncaster and Bassetlaw Hospitals [2010] Representing the Claimant who suffered clinical negligence when the hospital failed to diagnose a prolapsed disc in his neck which caused cauda equina syndrome and left hemi-plegia (paralysis). Multiple medical experts on spinal compression. Spinal surgery and the prospect of a better out come from earlier surgery. Settled for £225,000.
MIB Claims:
MIB Uninsured Driver Claims
Ademneskell v Bryan and MIB [2011] The claimant was a pedestrian knocked down by an uninsured driver on an off road style trail bike. The MIB defended on the basis that as a matter of interpretation of the Road Traffic Act 1988 no insurance was required for off road trail bike. Hence they were not liable to compensate. Complicated European Law aspects and interpretation of statute. Case of general public importance. Case settled after the Secretary of Sate was joined to the action and the expert evidence was served.
Carswell v Sec of State & MIB [2010] EWHC 3230 (QB) representing a widow asserting that the Untraced Drivers Agreement 2003 was drafted in breach of European Law because it fails to provide adequately for the claimants legal costs.
X v MIB [2009] representing brain injured child. Settled for £1.3 million plus PPOS of £32,000 rising to £70,000 for care and case management.
Phillips v Rafiq and Motor Insurers Bureau [2007] EWCA Civ 74, Times, February 21, 2007. Fatal accident claim, interpretation of the Uninsured Drivers Agreement 1999 - representing the successful widow of the deceased could claim damages from the MIB despite her husband knowing that the driver was uninsured.
MIB Untraced Drivers Appeals/Arbitrations
A v MIB [2012] appeal to the arbitrator against an award of £1,900,000 made by the MIB in a hit and run case under the Untraced Drivers Agreement 1996. The arbitrator Frank Burton QC, increased the award to £2,600,000.
Andrews v MIB [2012] (Mr Justice Stuart-Smith QC) appeal to an arbitrator against the MIB refusal to make any award to a paraplegic man under the Untraced Drivers Agreement 2003. 3 day hearing. Award: the MIB were held liable and ordered to pay the costs.
PI Claims
Brain Damage Claims
X v Y [2012] approved by Eady J, Representing a 16 year old man who suffered severe brain damage in a road traffic accident. Liability admitted, quantum settled at £2.2 million lump sum plus PPOS of £71,000 pa increasing by RPI.
Habtu v Mckenzie & MIB [2012] The Claimant who Andrew represented was injured in a road traffic accident by an uninsured driver. He suffered severe brain injuries, hip fractures and needed constant care and support with a case manager. Case settled for £1 million plus periodical payments of £72,500 per annum for life.
Morby v Richards [2006] Birmingham District Registry. For the successful Claimant. £1,012,000 in damages for the Claimant who suffered a severe brain injury in a road traffic accident.
Russell v Smith [2003] QBD; HH Judge Rich QC. 30/7/2003 Lawtel, For the Claimant. Liability trial. Child claimant with brain injury after road traffic accident on bike, contributory negligence.
Mesothelioma Claims
Streets v Esso [2009] QBD Lawtel, £315,000 Fatal Accidents Act award for widow of mesothelioma victim.
Purdue v Port Line [2008] QBD, Master Whitaker, living mesthelioma sufferer, summary judgment obtained against "bluewater" shipowners, on the basis that they had land based shipwrights. Date of knowledge 1955 of dangers from asbestos.
Amputation Injuries
Vaghji v MarkerStudy [2012] Representing a one legged man who worked as a bus driver who lost his other leg in a road traffic accident. Recovering £1,300,000 in damages.
Winters v Haq [2007] Leicester QBD, acting for the successful Claimant, above the knee amputation in RTA, prosthetic leg, settlement of £700,000. Andrew Ritchie QC
Multiple Injuries Claims
Morjaria v Samwell [2009] Mediated settlement. Representing successful Claimant, Damages £2 million, for a Cambridge student who was run over by a lorry. Loss of career in investment banking.
Corr v IBC [2008] UKHL 13, representing the successful Claimant in her Fatal Accident Act claim arising from the suicide of her husband caused by the Defendant’s negligence 6 years earlier. Employers liability, kind of harm, forseeability and causation.
Horch v Thames Trains [2007] QBD; for the successful Claimant. Damages £1.5 million. Horrific burns & PTSD sustained in the Paddington Rail crash.
Smee v Adaye [1999] March, QBD, HHJ Steele sitting as deputy, Kemp B2-011/1 & confirmed C.A 19.04.2000 Lawtel C7400040. For the Claimant, award £1.1 million, RTA, hip and leg injury, pension loss and future risk of retirement.
Product Liability Claims
Thomas v Merck Sharpe & Dohme, 1.12.2008, HHJ O'Brien, representing the Claimant who suffered ulcerative colitis whilst taking part in a drugs trial of Rofecoxib a Vioxx derivative. First successful judgment for Claimants on this drug.
Road Traffic Act Claims:
Miller v QBE [2006] EWHC 1529; Statutory interpretation of the Road Traffic Act 1988 S.145 - the Claimant police officer was not an employee of the insured hence able to claim compensation from the insurer under S.151 for his serious injuries when a criminal ran him down in a police car.
Spinal Injury Claims
Clough v First Choice [2006] EWCA Civ 15, PIQR P22, for the Claimant, young man made paraplegic after swimming pool accident abroad.
Oldham v Robinson [2004] Settlement 9/8/2004. Lawtel. For the claimant, a 33-year-old man, who received £935,000 for the spinal injuries sustained in a road traffic accident in November 1998. Paraplegia and had no movement or feeling in his legs and no control over his bowel or bladder. Much reduced life expectancy.
Employers Liability Claims
Wallis v Balfour Beatty [2003] EWCA Civ 72; Employers liability, breach of Workplace Regulations, causation. For the Claimant.
Stiles v Thames Trains [2003] QBD, Master Whittaker, settlement. For the Claimant. Recovering £750,000 for a victim of the Paddington Train Disaster who suffered severe burns and PTSD.
Wells v Watford NHS Trust [2000] April QBD, Lawtel L.R., N. Baker Q.C. sitting as deputy, Lawtel C7400041 For the Claimant. Liability trial, manual handling in the delivery suite in NHS hospitals, finding MHOR applies to delivery suites.
The needlestick doctor [1998] August, settled. For Claimant, PTSD, phobia of needles after needlestick injury. Loss of career. Settled for £450,000.
Various v Tesco [1997] QBD, settled. For Claimants, 40+ RSI cases against Tesco for checkout cashiers. Lead cases packaged for trial in High Court then all settled.
Civil Procedure Issues
Samson v Ali [2012] EWHC 4146; representing the Claimant who was served with surveillance evidence from the Defendant's insurer which appeared to have been selectively edited, speeded up and biased. Judgment obtained at a contested preliminary hearing allowing the Claimant to answer the Video evidence with her own counter surveillance expert's evidence which undermined the Defendant's evidence.
Bajwa v British Airways Plc [1999] EWCA Civ 1519: Costs: Calderbank Offers. The value of an offer for the purpose of costs under CPR 44 is the balance between the sum offered less the value of deducted benefits. The CA will only interfere with a judge's discretion to order costs if he is plainly wrong or has erred in principle.
