Andrew Perfect

Year of Call: 2007
Email Address: Andrew.perfect@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Andrew Perfect’s practice is focused on personal injury, clinical negligence, inquests, and costs. Andrew has extensive court experience and is highly regarded for his clear and succinct advice and client handling skills. He is particularly sought out by solicitors where sensitivity and understanding is paramount, even whilst delivering difficult advice. It explains his extensive clinical negligence and inquest practice.

He lectures and writes frequently. He can provide seminars and lectures on clinical negligence, particularly knowledge and limitation, practice and procedure, and quantum, as well as various lectures about changes to the CPR and costs, particularly fraud and fundamental dishonesty. Andrew also lectures on chronic pain.

Prior to coming to the Bar Andrew worked for almost a year as a legal assistant, then case manager on a Criminal War Crimes case in The Special Court for Sierra Leone. Andrew was legal assistant to Lord Justice Maurice Kay during the early part of 2008.

Andrew is chair of a law centre in the North West. He runs marathons.

Expertise

  • Clinical Negligence
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    Andrew’s clinical negligence practice covers the full range of medical negligence, from elective surgery and other treatments, cancer, gynaecological and other surgery, and issues of consent.

    He has experience of claims involving pharmacists, opticians, dentists. He has also successfully run secondary victim claims.

    As with his personal injury practice Andrew is particularly sought after where there are difficult issues with the claimant, including pre-accident medical situation as well as post-accident response.

    These cases are almost always of grave seriousness – even if not necessarily high in value
    – and involve very sensitive issues. Cases frequently involve more than one defendant,
    litigation friends and those dealing with an estate.

    Recent cases:

    • Advising a number of claimants in respect of issues, predominantly of consent, arising out of elective eye surgery
    • Advising (and acting at the inquest on behalf of) the family of a woman who died a matter of hours after being visited by her GP and where the GP failed to refer her to hospital
    • Advising on a secondary injury claim where a woman witnessed the emergency resuscitation of her daughter following earlier allegedly negligent treatment
    • Advising in respect of injuries arising from negligently managed labour causing substantial long-term gynaecological problems
    • Acting for a woman who suffered very significant reduction in lung function following unnecessary lobectomy
    • Acting for the family of a woman who died of undiagnosed heart failure.

    Cases where there were particular claimant issues:

    • Advising in a claim where there were potential capacity issues, the claimant having a long-standing medical condition affecting brain function, and where there was a failure to treat cancer adequately
    • Advising in the claim of a child who suffered life-changing injuries from negligent circumcision
    • Acting for the family of an infant child who died following repeated failures to diagnose cancer
    • Obtained settlement, pursuant to the case of Rabone, for the adult daughters of a woman who committed suicide when detained under the Mental Health Act
    • Advising, and acting in preliminary inquest proceedings on behalf of, the family of a child who died following drug overdose whist under local authority care
    • Acting in a case where a woman, who was suffering from unexplained quadraplegic paralysis, suffered a fracture of her foot during physiotherapy.

    Costs
    Andrew undertakes a wide range of costs work, predominantly arising out of personal injury and clinical negligence, but also insurance litigation and other related disputes.

    He is particularly sought out where there are allegations of wasted costs and matters relating
    to QOCS and fundamental dishonesty, and has received numerous instructions for appellate
    work following successful and unsuccessful trials.

    Andrew also advisers insurers, whether as defendants or as before and after the event litigation funders on prospects, exposure, and costs.

    Recent cases:

    • Acting in an appeal arising out of QOCS, specifically CPR 44.15(1)(c) strike out for conduct, and wasted costs
    • Acting in a claim where the Defendant argued, pursuant to Nemeti v Sabre [2013] EWCA Civ 1555 that QOCS protection did not apply. Permission to appeal was granted, the case raising similar issues to the case of Howe v MIB [2016] EWHC 884 (QB)
    • Acted in an appeal where a Claimant at first instance sought to rely upon an admission, maintained through the portal, made by an insurer which was not the insurer of the proposed defendant
    • Successfully obtained permission, pursuant to CPR 44.16(2)(a), to pursue a third party, a credit hire company, following a finding of fundamental dishonesty against an impecunious taxi driver, which resulted in the defendant insurer being paid its costs in full without further action
    • Acted in numerous applications for wasted costs, including where defendants sought to avoid the consequences of QOCS by pursuing solicitors
    • Acting in costs proceedings arising out of a single claim for three mildly injured infants where costs were claimed in excess of £45,000.

    Publications

    • 2nd Sep 2016

      In this article Andrew Perfect and Hugh Rimmer analyse the Coroners Court Statistics that were published in May 2016 and what they might mean for clinical negligence practitioners.

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    • 2nd Sep 2016

      In this article Andrew Perfect and Hugh Rimmer analyse the Coroners Court Statistics that were published in May 2016 and what they might mean for clinical negligence practitioners.

      View Publication
  • Personal Injury
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    Andrew’s practice involves all types of claims, predominantly on the multi-track.

    His practice covers the full range of personal injury matters. He has particular experience of
    cases involving bicycles and motorbikes.

    His practice is especially focussed on cases where there are specific client issues, such as
    pre-existing disability and cases where there is a very high level of sporting ability.

    Andrew’s fast-track work, split between claimant and defendant, mostly involves allegations
    of fraud, exaggeration and fundamental dishonesty.

    Road traffic

    • Successfully obtained settlement for two claimants, a father and son, who claimed psychiatric injury having come upon the aftermath of the death, by road traffic accident, of their son and brother
    • Advising in a £750,000 claim for a post-graduate student knocked from his bicycle
    • Acting for a specialist police officer suffering a complex pain condition having been knocked
      from his bicycle
    • Attained, for a defendant, a finding of fundamental dishonesty against a claimant and was
      granted permission to pursue a third party credit hire company for costs.

    Public and employer’s liability

    • Obtained damages of £300,000 for a scaffolder who slipped on a defective step at a
      construction site
    • Defended numerous noise-induced hearing loss claims
    • Won £24,000 at trial for a claimant who fell down a small, not defective, step at a gym
    • Obtained damages of £140,000 for a claimant who suffered injury arising from manual
      handling in her retail work
    • Obtained substantial settlement for a Claimant who suffered terrible fractures from a
      defective drain hidden by snow and ice, which resulted in him losing his job and becoming
      homeless.

    Two-wheeled claims

    • Numerous cases where cyclists and motorbike riders have come off because of defects in
      the road, several of which cases – all distinct – involved very experienced cyclists
    • Obtained settlement in a claim for a motorcyclist who was thrown from his motorbike by a
      loose manhole cover forced up by extensive rainfall
    • Won at trial for a claimant motorbike rider who lost control because of mud left on the road
      by a tractor coming from a farm.

    Andrew also delivers, with other practitioners, the Think Bike! Seminars for MBL.

    Cases involving particular client issues

    • Serious RTA with surprisingly little injury but impact on pre-existing lupus condition.

    Cases where RTA has led to unusual consequences, including:

    • atrial fibrillation (a serious heart condition)
    • permanent clicking jaw
    • traumatic tinnitus
    • speech problems
    • very minor rear end shunt which led to functional epilepsy.

    Complex claims involving people already with disabilities, including:

    • a severely physically disabled individual knocked from a mobility scooter
    • a physically and mental disabled individual who also had epilepsy and chronic pain
    • Adolescent claimant thrown from a horse who developed serious psychological
      conditions
    • Numerous cases, from young females through to 50+ year old males where there is
      marked response to scarring
    • Claims for the very active/very high standard sportspersons
    • Facial injuries for an amateur female footballer, playing in the English FA’s Women’s
      Championship, this claim being won at trial on liability, the injury arising from a
      negligent challenge during the course of play
    • Shoulder and knee injuries for a female who competed in Ironman triathlons around
      the world
    • Food-poisoning claim involving complex issues of Rome II and contract, for a
      semi-professional bodybuilder given salmonella poisoning by liquid eggs sold for
      consumption raw
    • Extensive advice for a hugely experienced cyclist who suffered serious injuries when
      he fell from his bike because of a pothole.

    Inquests
    Andrew’s inquest practice is for both potential claimants and defendants. It encompasses all
    possible inquests including Article 2, with or without a jury.

    Andrew has been involved in many inquests, particularly involving multiple loss of life and
    where there is public interest.

    His client-handling ability is not just of specialist assistance for claimants. It is much sought
    after where there are reputational issues and a need for subtlety and sensitivity, as well as a
    hard-nosed focus on potential tactical issues in subsequent litigation.

    Andrew’s inquest work frequently ties in with his clinical negligence and personal injury work.

    Recent inquests include:

    • Junior representing the family of a BP employee killed during a terrorist siege at a
      gas facility in Algeria, in which in a total 40 innocent people were murdered
    • Acted for the family and insurance company of two persons killed in the Taunton M5
      crash of 2011, in which 34 vehicles were involved and 7 people died
    • Acting for the local authority fire service where a fire truck responding to a 999 call
      killed a pedestrian
    • Advised the family of a female under the age of 18 who died of a drug overdose
      whilst subject to an order to stay away from a particular man, who subsequently
      supplied the drugs from which she died
    • Acted for an individual who, when 17 years of age, was involved in a road traffic
      collision in which an 80 year old woman died
    • Acted for the family of a woman who died a matter of hours after being visited by her
      GP and where the GP failed to refer to hospital
    • Numerous inquests arising out of RTAs and suspected clinical negligence.

    Publications

    • 14th Nov 2016

      Andrew Perfect brings you up to speed on the implications of Gentry v Miller in which the Court of Appeal confirmed that the Denton criteria is to be used when making an application to set aside judgment under CPR 13.3.

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    • 2nd Sep 2016

      Andrew Perfect and Sharan Sanghera analyse the recent Supreme Court decision on collateral lies in insurance contracts. The Court by a majority held that a collateral lie is not subject to the fraudulent claims rule. The telling of a lie, if truly collateral to the claim being made, does not permit an insurer to refuse to pay. Lords Sumption, Clarke, Hughes and Toulson concurred, Lord Mance dissented. Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45

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Academic qualifications

  • University of Manchester, BA (Hons) Philosophy and Politics, First Class
  • Manchester Metropolitan University, GDL and BVC

Scholarships

  • Michael Polanyi prize for Philosophy, University of Manchester

Professional bodies

  • Bar Human Rights Committee
  • Bar Pro Bono Unit
  • Employment Lawyers Association
  • JUSTICE
  • Personal Injury Bar Association (PIBA)

Direct Access

Andrew Perfect is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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