3PB's Personal Injury team provides legal update on Disclosure, Fraud, Fundamental Dishonesty and Contempt Proceedings
Clerks Details
- Clerk Name: David Snook
- Clerk Telephone: 01865 793 736
- Clerk Email: [email protected]
- Clerk Name: Edward Holdstock
- Clerk Telephone: 01962 868884
- Clerk Email: [email protected]
- Clerk Name: Jordon Gallifant
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Overview
Jonathan specialises in clinical negligence, personal injury, inquests, public law and costs. He is frequently instructed in complex and high value litigation.
Jonathan is a highly experienced Court advocate. Jonathan appears daily in trials, inquests, case management conferences, interlocutory and application hearings. He accepts instruction on behalf of both claimants and defendants in the High Court and County Court.
Jonathan has particular expertise in cases involving allegations of fraud and fundamental dishonesty. He regularly provides advice, conducts conferences, settles pleadings and attends trials on behalf of insurance companies.
Jonathan offers specialist advocacy in the Coroner’s Court. He regularly represents local authorities, families, healthcare providers, care homes and other interested persons at inquests. Jonathan is experienced in Article 2 and jury inquests.
Jonathan acts in disputes involving costs. Jonathan successfully represented the claimant in Kenton v Slee Blackwell PLC [2023] EWHC 2613 (SCCO). Before Senior Costs Judge Gordon-Saker in Solicitors Act proceedings, the claimant was awarded a costs refund of over £200,000.
Jonathan takes pride in delivering practical advice, effective advocacy and diligent service in each and every case. Outside of his practice, Jonathan enjoys distance running and playing acoustic guitar.
Expertise
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Personal Injury Add this expertise to your shortlist Jonathan has a busy personal injury practice. Jonathan acts for both claimants and defendants across a broad spectrum of work. Jonathan is experienced in cases involving serious injury and complex issues of liability, causation and quantum.
Jonathan offers specialist advocacy in claims involving:
- Employers’ liability
- Public liability
- RTAs
- Credit Hire
- Product Liability
Jonathan has considerable expertise in cases involving allegations of fraud and fundamental dishonesty. Jonathan regularly advises and appears on behalf of defendant insurance companies.
Jonathan is frequently instructed in litigation involving credit hire. Jonathan appeared for the defendant in Wiltshire v Aioi Nissay Dowa Insurance Company of Europe [2025] EWCC 13. The claimant had claimed for losses in excess of £50,000. At trial, the judge awarded less than £1,200.
In addition to Court advocacy, Jonathan is happy to provide written advice concerning strategy, issues of liability, causation, quantum or procedure, to assist in conference and to draft pleadings.
Previous instructions include:
- Drafting pleadings and providing advice in a complex injury claim involving a pilon fracture, calcaneal fracture and acute compartment syndrome following an accident at work.
- Advising, drafting pleadings and attending at Court for the claimant in a claim involving open tibia, fibula fractures and significant scarring to a young girl after she was hit by a motor vehicle as a pedestrian.
- Drafting pleadings and advising in a claim for injuries including a thoracic spine fracture and right calcaneal fracture with disruption of the right subtalar joint arising from an accident at work.
- Appearing for the defendant at a trial in which the claimant’s claim was dismissed with a finding of fundamental dishonesty pursuant to Section 57 of the Criminal Justice and Courts Act 2015. The claimant was found to have dishonesty exaggerated the nature and extent of his injuries.
- Advising in a claim involving a serious left humerus fracture sustained in an accident at work resulting in permanent restriction of shoulder movement, ongoing symptoms and future expenses.
- Kenyan Emergency Group Litigation (KEGL): From 2015 to 2018, Jonathan acted as JJ for the Foreign and Commonwealth Office in the successful defence of the largest group action ever brought against the UK Government (Kimathi and others v Foreign and Commonwealth Office). Jonathan’s work with the team included drafting pleadings, assisting in the High Court during trial and conducting research.
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Clinical Negligence Add this expertise to your shortlist Jonathan is a clinical negligence specialist. He acts for both claimants and defendants. Jonathan offers advice and representation at all stages of litigation in the following areas:
- Surgical negligence
- Pharmaceutical negligence
- Misdiagnosis and delayed diagnosis
- Dental negligence
- Cosmetic negligence
- Unnecessary and inappropriate treatment
- Failure to obtain informed consent
- In cases involving a fatality, Jonathan is also experienced in providing representation at inquests on behalf of families, local authorities and other interested persons.
Jonathan often acts in high value litigation. He is experienced in navigating the complex issues of breach of duty, causation and quantum which frequently arise in clinical negligence claims.
Previous instructions include:
- P v An NHS Trust: Drafting pleadings, conducting conference and providing advice to the claimant in a case involving delayed diagnosis of spinal tuberculosis. The claim was successfully settled in the sum of £500,000.
- I v A Health Board: Drafting pleadings and advising NHS Wales in a claim involving a hospital patient who developed acute peritonitis leading to death.
- C v A Health Board: Advising NHS Wales and attending a JSM in a case involving allegations of delayed diagnosis/treatment of a scapholunate injury.
- A v An NHS Trust: Drafting pleadings, conducting conference and providing advice to the claimant in a successful claim involving the delayed diagnosis of a developing cauda equina syndrome.
- B v S and another: Drafting pleadings and assisting in a successful claim involving failure to treat dental carries resulting in significant infection.
- F v An NHS Trust: Drafting pleadings for the claimant in a successful claim involving a failure by the defendant to remove retained products of conception in the course of a birth.
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Inquests Add this expertise to your shortlist Jonathan represents local authorities, families, healthcare providers, care homes and other interested persons at inquests. He is experienced in Article 2 and jury inquests. Jonathan offers expertise in inquests involving complex medical issues, acutely sensitive circumstances and the questioning of expert witnesses. Jonathan is able to provide ongoing advice and advocacy in any civil claim arising from a death.
Jonathan’s experience includes:
- Article 2 inquests
- Hospital deaths
- Care home deaths
- Suicides
- Road traffic deaths
Previous inquests include:
- Re M: Representing the family in an Article 2 jury inquest touching the death of a young man with catatonic schizophrenia who suffered a pulmonary embolism whilst sectioned under the Mental Health Act 1983. The jury found that a number of failures by the Trust had contributed to the deceased’s death.
- Re J: Representing the local authority (adult safeguarding) in an inquest touching the tragic drug-associated suicide of a vulnerable young man in his twenties.
- Re G: Representing a surgeon in an inquest touching the death of a woman who died shortly following a hip replacement operation.
- Re P: Representing an insurance company in an inquest touching the death of an elderly woman arising from a brain injury following a fatal road traffic collision.
- Re S: Representing the family in an inquest dealing with the tragic death of a young woman who suffered a fatal stroke secondary to acute pyogenic meningitis which was not diagnosed upon her initial attendance at hospital.
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Articles -
3PB's Personal Injury team provides legal update on Disclosure, Fraud, Fundamental Dishonesty and Contempt Proceedings
18th Oct 2017View Article -
Brighthouse Ltd v Tazegul [2016] QBD (Spencer J) 12/07/2016
2nd Sep 2016View ArticleFollowing new evidence which amounted to a prima facie case of perjury and fraud concerning the independence of a witness, Spencer J ordered that a county court judgment be referred back to the trial judge to determine whether judgment should be set aside. Jonathan Gaydon reviews Brighthouse Ltd v Tazegul [2016]
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