Hugh Rimmer

Year of Call: 2003
Email Address: hugh.rimmer@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Hugh Rimmer specialises in personal injury and clinical negligence and is Deputy Head of 3PB’s PI/Clinical Negligence Group. He regularly advises and provides representation at all stages of a claim for both claimants and defendants. His practice also covers a range of costs work, and he has extensive experience including representation at detailed assessments and cost management conferences. Hugh’s practice includes professional negligence, with a particular focus on solicitor’s negligence arising out of personal injury and clinical negligence claims.

Solicitors instruct him for his ability to build a rapport with clients, and deliver comprehensive, practical advice in a clear and understandable way. He is often commended on the strength and clarity of his schedules and counter-schedules.

His personal injury cases involve complex injuries including:

·         Serious orthopaedic injuries

·         Brain Injuries

·         Pain syndromes/disorders

·         Fatal accidents

In clinical negligence his practice involves cases from a wide range of medical specialisms, and includes cases arising from:

Misdiagnosis and delayed diagnosis
Unnecessary/inappropriate treatment
Surgical negligence
Pharmaceutical negligence
Failure to obtain informed consent

In cases involving a fatality, Hugh is experienced in providing representation at inquests. His ability to deal sensitively with clients means he is often instructed on behalf of the deceased’s family.

Expertise

  • Clinical Negligence
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    Hugh’s clinical negligence practice involves cases from a wide range of medical specialisms, and includes cases arising from:

    ·         Misdiagnosis and delayed diagnosis,

    ·         Unnecessary/inappropriate treatment,

    ·         Surgical negligence

    ·         Pharmaceutical negligence,

    ·         Failure to obtain informed consent.

    In cases involving a fatality, Hugh is experienced in providing representation at inquests on behalf of families and other interested parties.

    Misdiagnosis/ Delayed Diagnoses

    ·         Fatal delay in diagnosis of cancer of the ureter after the Defendant hospital identified prostate cancer and failed to investigate other symptoms not linked to that disease;

    ·         Acting in a case of a GPs failure to diagnose premature ovarian failure, leading to early menopause

    ·         Advising and representing a claimant whose post-fracture femoral length was misreported, leading to a leg-length discrepancy which was unidentified for over a year

    Surgical Negligence/ Inappropriate treatment

    ·         Advising in a case alleging negligently performed heart bypass surgery, where nerves were damaged in the leg while the donor vein for the bypass was being removed. The Claimant developed a complete foot drop following the surgery and serious mobility problems;

    ·         Representing the Claimant following a failure to appropriately treat a ruptured Achilles tendon, leading to re-rupture and the development of chronic regional pain syndrome.

    ·         Representing the Claimant at trial in a case involving an unnecessary cholecystectomy

    ·         Advising in a case of negligence during an elective caesarean section, causing significant bladder injury and psychological sequalae.

    Consent
    ·         Failure to obtain informed consent prior to cardiac surgery, regarding warnings about potential damage to respiratory function, in a patient with pre-existing breathing problems. The damage caused in surgery resulted in permanent consequences for the patient.

    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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  • Personal Injury
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    Hugh regularly advises and provides representation for both Claimants and Defendants in all areas of personal injury litigation including accidents at work, road traffic accidents, public liability disputes, accidents abroad or at sea.

    His cases include a range of complex claims and injuries such as:

    ·         Serious and disabling orthopaedic injuries.

    ·         Head injuries and Minor Traumatic Brain Injuries;

    ·         Chronic pain and pain syndromes;

    ·         Fatal accidents

    In cases involving a fatality, Hugh is experienced in providing representation at inquests on behalf of families and other interested parties.

    Hugh also provides representation in high value appeals to the Criminal Injuries Compensation Appeal Panel.

    Recent Cases Include:

    Road traffic cases
    ·         Advising an HGV driver who sustained a brain injury after being knocked down by a car which was entering the layby in which his truck was parked;

    ·         Advising a negotiating settlement for a young woman who developed alopecia universalis (loss of all body hair) as a result of the psychological stress of a road traffic accident;

    ·         Representing a Claimant who suffered serious knee injuries in a road traffic accident, and was prevented from pursuing a career in the armed forces.

    Public Liability
    ·         Representing and advising the estate and dependents of a rescuer who drowned while unsuccessfully attempting to save his brother from drowning. Also representing and advising the rescuer's father, who suffered nervous shock as a secondary victim observing the failed rescue from shores of the lake.

    ·         Advising the family of a driver killed by a falling tree which had been negligently missed from an inspection regime.

    Employer's liability cases
    ·         Representing a skilled joiner who suffered disabling injuries to his dominant arm and wrist in a workplace accident, requiring fusion of the wrist and leaving restricted movement in the elbow and reduced grip strength, causing significant loss of future earning capacity;

    ·         Successfully representing a Defendant employer in a workplace claim, establishing that they did not have sufficient control over the workplace to be liable for the incident.

    Accidents at Sea & Abroad
    ·         Advising and representing a marine engineer who suffered a fractured spine while attending a ship at sea in the UAE, resulting in a psychological condition which prevented him from carrying out his usual work, and restricting him to working on vessels docked at a port.

    Costs
    Hugh has a busy costs practice and regularly appears in courts and the SCCO to argue points of principle on costs law, including issues about:

    ·         Retainers and CFAs

    ·         CPR part 36

    ·         Costs budgeting

    ·         Premature issue and other conduct matters

    ·         Fixed Costs

    In addition, Hugh provides representation at detailed assessment hearings, solicitor/own client assessments and costs budgeting hearings.

    Recent cases include:
    ·         Representing the paying party in a detailed assessment and successfully establishing that the receiving party's CFA was defective through a failure to comply with the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008. Entering into a retrospective CFA could not remedy the defective retainer to change the paying party's costs liability in the circumstances. The bill was assessed at nil;

    ·         Successfully establishing that liability and quantum of a claim had each been individually compromised by acceptance a part 36 offer and a non-part 36 offer respectively, and could not be now amended to include a further loss, but that the counterclaim had not been compromised by the same agreement. Accordingly the counter-claimant was not bound by the liability compromise and could continue their claim.

    Publications

    • 2nd Sep 2016

      Hugh Rimmer comments on damages in fatal claims in the case of Mosson v Spousal (London) Ltd [2015]

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    • 2nd Sep 2016

      Hugh Rimmer summarises XP v v Compensa Towarzystwo SA v Przeyslaw Bejger in which the Claimant woman was awarded the costs of fertility treatment following a traumatic miscarriage suffered during a road traffic accident.

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Academic qualifications

BA (Hons) Philosophy, University of Nottingham
PgDip Law (CPE), College of Law (Guildford)
PgDip Legal Practice (BVC), Inns of Court (London)

Professional bodies

Personal Injury Bar Association (PIBA)
Professional Negligence Bar Association (PNBA)

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