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Personal injury

Personal injury team

Mary Duncan, partner and head of personal injury department,  specialises in handling substantial high value cases, and has particular expertise in clinical negligence, fatal accidents, and brain injury cases. She also deals with professional negligence disputes involving negligence claims arising out of personal injury actions.

Mary’s significant cases include:

  • £10 million professional negligence claim arising from failure to serve a claim form in time in a substantial brain injury case. Settled for £1.6 million.
  • £1.89 million professional negligence claim against solicitors arising from their negligent handling of a personal injury claim by a deep sea diver. Settled for £45,000
  • Successful defence at trial of an allegation of under settlement of a clinical negligence brain injury claim.
  • Until recently Mary has been working on the TAG litigation on behalf of the vetting solicitors. This has included organising the review and assessment of over 300 personal injury claims from a professional negligence perspective by the personal injury team, an extensive disclosure exercise and participation in negotiations.

Mary trained at Henmans and qualified as a solicitor in 1983. She spent two years at Greenwoods and rejoined us in 1985. She has been a partner since 1989.

Mary is accredited by the Solicitors' Regulation Authority as a personal injury specialist and is a member of the Forum of Insurance Lawyers (FOIL) and Oxford's Medico-Legal Society. Chambers ranks her in its top tier for personal injury and in its 2008 edition described her as 'absolutely outstanding'. She is joint author of Fatal Accident Claims, author of a chapter in Trauma Care, A Team Approach, joint author of Health and Safety at Work Essentials and Professional Negligence, A Second Bite at the Cherry?

 

Miles Picknett, partner, specialises in industrial disease claims (particularly asbestos related claims), fatal accidents, chronic pain claims, public and employers liability and defending companies in both Health & Safety and Environmental prosecutions. He also advises defendant solicitors and their insurers in relation to personal injury related professional negligence claims.

His Court of Appeal cases include:

  • Richards v Quinton (apportionment of damages in road traffic accident claim)
  • James v Baily Gibson (damages confined to short post accident period where claimant refused to attend expert psychiatric examination)

Miles trained at Freethcartwright, Nottingham and qualified in 1992. He joined Henmans in 1993. He has been a partner since 2000.  Miles is accredited by the Solicitors' Regulation Authority as a personal injury specialist and is a member of the Oxford Medico-Legal Society, the Forum of Insurance Lawyers and the Chartered Insurance Institute. He is editor of EPIC, the department's quarterly newsletter for insurer clients.

 

Penny Heighway, partner, handles all personal injury claims, specialising in employer's liability and industrial injury cases. She also handles product liability claims for major motor manufacturers and exporters based in the UK. Penny also acts for insurers in professional negligence disputes arising out of personal injury claims and medical malpractice claims including regulatory matters.

Penny’s recent significant cases include:

  • Claim for £1 million plus against an air ambulance company for alleged negligent transfer of a paraplegic patient in Zanzibar. The claim was discontinued after an application was made to strike out the claim.
  • Claim against fostering agency along with six other defendants, following death of foster child in care. The claim was eventually discontinued against her client.
  • Claim against health and safety expert for inadequate inspection of children’s play equipment, following injury to a child. The claim was discontinued against her client.

Penny trained at Bond Pearce and qualified in 1998. She practised at Bond Pearce in Bristol before joining Henmans in 1999. She has been a partner since 2004. Penny is accredited by the Solicitors' Regulation Authority as a personal injury specialist, and is a member of the Oxford Medico-Legal Society.  She is also a member of the Reading Chartered Insurance Institute and the Forum of Insurance Lawyers. Penny frequently conducts seminars for insurers and other professional bodies. She is joint author ofHealth and Safety at Work Essentials and Professional Negligence, A Second Bite at the Cherry? She is editor of Trip and Slip: a guide to making personal injury claims, and contributes a regular legal column to Dentistry magazine.

 

Anthony Henman, consultant, advises on substantial personal injury claims including road traffic accidents, accidents at work, Health & Safety Executive prosecutions and public and product liability claims. He specialises in deafness and explosion cases and professional indemnity litigation, particularly professional negligence disputes involving solicitors.

He was responsible for creating a deafness claim scheme in the 1990s, a variation on the Iron Trades Scheme - settling over 350 cases. He has been involved in a further deafness scheme in 2004/2005. Anthony has numerous reported cases, including O'Brien v Wharton,and has handled a variety of substantial personal injury and fatal accident claims.

Anthony trained at Hextall Erskine and qualified in 1964. He spent ten years in the City before joining Henmans as a partner in 1967. He was senior partner for 28 years and was a deputy district judge of the High Court and County Court for eight years. He is a member of the Oxford Medico-Legal Society and the Forum of Insurance Lawyers.

 

Paul Chadder, associate, handles all types of personal injury claims, including road traffic accidents, employer's liability (EL) and public liability (PL) matters. Paul specialises in EL claims involving industrial disease and Health & Safety Executive prosecutions. Recent cases include

Paul also acts for insurers dealing with professional negligence disputes involving negligence claims arising out of personal injury actions. Recent cases include:

  • Under settlement claim arising from a tripping incident for £300,000, which settled at mediation for £40,000.
  • Claim arising from a failed stress at work claim for £360,000 which settled at mediation for £50,000.

Paul trained at Henmans and qualified in 1998. He was made an associate in 2004. Paul is accredited by the Solicitors' Regulation Authority as a personal injury specialist. He is a member of the Forum of Insurance Lawyers, the Reading Chartered Institute and the Oxford Medico-Legal Society.

 

Mike Harvey, associate, handles personal injury claims arising out of road traffic accidents, industrial accidents, employers', public and product liability. He specialises in: traumatic amputation; sports injuries; head and brain injuries; crush injuries; respiratory and dermatological conditions. He also acts for insurers on professional negligence disputes involving negligence claims arising out of personal injury actions.

Mike's cases include:

  • Several fatal road traffic accidents (RTAs), one involving multiple fatalities.
  • RTA involving multiple parties, policy issues and contribution proceeds.
  • Professional negligence claim against solicitors for failing to comply with the requirements of the CICA scheme leading to the claimant not recovering any compensation. The claim was successfully struck out.

Mike trained at Henmans and qualified in 1999. He was made an associate in 2004. Mike conducts seminars for insurer clients and other professional bodies. He is accredited by the Solicitors' Regulation Authority as a personal injury specialist and is a committee member of the Oxford Medico-Legal Society.

 

Irvin Thobourne, litigation executive and associate (non-solicitor), handles all personal injury claims, specialising in road traffic accidents, employers’ andpublic liability claims. He has particular expertise in claims involving the MIB.

Irvin worked for four years at Shoosmiths, specialising in personal injury. He joined Henmans in 1997 and was made an associate in 2002. Irvin has used his specialist experience to develop SolCase, the team’s bespoke case management system. He is a member of the Oxford Medico-Legal Society.

 

Dave Freeman, litigation executive (non-solicitor), heads the personal injury pre-litigation unit where he is responsible for Motor and EL claims investigation, interviewing witnesses and undertaking locus reports. He currently runs an Industrial Deafness scheme for a major insurer, and has handled upwards of 1500 claims.

Dave was formerly technical claims manager of Eagle Star and has 30 years experience within the insurance industry. While at Eagle Star he handled motor, employers liability claims investigation, public liability and household claims at branch and head office level. He was responsible for setting and auditing service standards for service suppliers within the insurance industry.  He is an Associate Member of the Chartered Insurance Institute and a Chartered Insurer.

 

Jane Lightfoot, solicitor, acts for insurers in all types of personal injury claims, including employer's liability, public liability matters and road traffic accidents. Jane also deals with medical malpractice claims and professional negligence claims arising out of personal injury claims. Jane has dealt with and assisted partners with a broad range of claims, including:

  • Successful defence at trial of several claims arising from slipping/tripping accidents in bars, public houses and leisure centres.
  • Successful resolution at a round table meeting of an employer's liability claim worth over £600,000 in which the claimant sustained a severe back injury, but suffered from an unrelated pre-existing disability which had a potential effect on his life expectancy.
  • Several claims arising out of alleged negligent cosmetic surgery treatment.

Jane trained at Henmans and qualified in September 2003. She is a member of the Oxford Medico-Legal Society and the Forum of Insurance Lawyers. Jane also provides regular pro bono advice at the Citizens Advice Bureau, and has given seminars for the CAB. Jane has also contributed to the firm's regular legal column inDentistry magazine, and speaks German.

 

Joanne Eden, solicitor, handles personal injury claims including road traffic accidents, accidents at work and public liability matters. She currently specialises in employer’s liability claims and deals with both fast and multi track claims. Joanne works with Paul Chadder and assists on complex and larger value cases.

Cases of note include:

  • Foote v BMW
  • Tarrant v BMW

Joanne trained at Everatt & Co and qualified in February 2006, joining Henmans soon after. Joanne is a member of the Oxford Medico-legal Society and BB&O Law Society. She regularly provides pro bono advice at the local Citizens Advice Bureau.