Mark Stephen Lomas

Call 1983
Email mark.lomas@3pb.co.uk
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Professional negligence

Mark Lomas acts principally for Claimants in the fields of clinical and legal negligence. His clinical negligence experience includes claims against GPs, GDPs, and hospital staff to consultant level, from minor injury to fatality.

Legal negligence work predominantly concerns the conduct of litigation or dealing in real property.

Notable Cases

Grant v Singh [2011]

Acting for the dependant children of a driver involved in a road accident who suffered modest injury but committed suicide a short while afterwards.  Liability and causation of death were established and the dependency claims settled for substantial damages.

Pusey v Somerset County Council [2011]

Acting for the highway authority in the successful defence of High Court litigation asserting nuisance against a highway authority based upon public user of the highway.

Woodrow v Western Power Dsitribution (South West) Plc [2011]

Acting for the Claimant who suffered paraplegia and subsequent below knee amputation following a road traffic accident and required adapted accommodation and a high value care package.  Settled for substantial damages and periodical payments.

G v MOD [2010]

Acting for the Claimant who suffered above knee amputation as a result of delayed diagnosis of delayed diagnosis of a Ewings Sarcoma.  Disputed liability, causation and damages.  Settled for substantial damages.

Kingshott v Portsmouth NHS Trust [2010]

Acting for the dependants of a wife and mother who died as a result of surgical complications of a kidney transplant.  Disputed liability and quantum.  Settled for substantial damages.

O’H v North Hampshire NHS Trust [2010]

Acting for a child who suffered cerebral palsy and catastrophic injury as a result of negligent peri-natal care.  Led by Nicholas Braslavsky QC.  Liability established and claim settled for substantial damages and periodical payments.

E v An NHS Healthcare Trust [2010]

Acting for the estate and dependant of a patient who developed pressure sores in hospital, leading to long term reduced mobility, secondary injury through falls and eventual, fatal systemic infection.  Liability and causation disputes were overcome and damages recovered on all heads of damage.

F v An NHS Healthcare Trust [2010]

Acting for the Claimant in a successful claim arising from failure to diagnose a sub-arachnoid haemmorhage, leading to permanent disability and residential care.

R v AP [2009]

Acting for the Claimant, who suffered amputation of both arms and other injuries in an industrial accident.  An allegation of contributory negligence was refuted and the claim compromised for substantial damages.

S v W [2009]

Acting for the claimant construction worker, who suffered a through knee amputation following a construction site accident.  The claim was complicated by a significant psychiatric injury.  The claim was compromised prior to trial in a seven figure sum.

Linton v Ayton [2009]

Acting for the claimant dependents and estate of a deceased mother of three daughters, coupled with claims for nervous shock by two of the daughters.  The claim was complicated by uncertainty over the mother’s separation from her husband and the fact that she was not working, leading to claims for dependency based upon state benefit entitlement.  Substantial damages were recovered at trial, in excess of an earlier offer made by the defendant.

G v C [2009]

Acting (as junior counsel) for the claimant crew member of a passenger liner in relation to personal injury (principally psychiatric) sustained in an attack by Somali pirates off the east coast of Africa. The claim gave rise to difficult issues of breach of duty, causation and quantum and was successfully compromised in advance of trial.

F v S [2007]

Acting for the claimant widow and other minor dependents following the death of her husband in a road accident.  The claim was complicated by related nervous shock claims for the widow and another dependant and the fact that the widow suffered significant disability in respect of which the husband had been her main carer.  The claim was compromised prior to trial in a seven figure sum.

Langley v Harvey [2006]

Acting for the claimant ground worker, who injured his wrist in a motorcycle accident.  A late, post-issue application by the defendant to withdraw an earlier admission of liability for the accident was successfully defended.  The claimant sought substantial damages for loss of earnings from the wrist injury, through inability to carry out manual ground works.  Issue arose as to the need for him to undertake manual work as he had become the proprietor of a successful civil engineering company and as to the correct assessment of his loss of earnings, taking into account operation of his business through a limited company and the fact that the majority of company profit was reinvested.  The claimant was successful at trial.  The defendant’s appeal was successfully compromised through Court of Appeal directed mediation.

Harland & Woolf plc and Another v McIntyre [2006] 1 WLR 2577

A claim for damages on behalf of the estate and dependent wife of a husband who died from mesothelioma.  Damages at 98% of the scheduled claims were recovered at trial.  The defendant’s appeal as to the entitlement to a dependency upon a savings/pension fund paid out to the deceased very shortly before his death was successfully opposed.  The Court of Appeal considered the effect of Section 4 of the Fatal Accidents Act 1976 in detail.  Acting as sole counsel at trial and junior counsel in the Court of Appeal.