luke ashby

Luke Ashby

Year of Call: 2007
Email Address: luke.ashby@3pb.co.uk
Telephone: 01202 292 102

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Overview

Luke Ashby specialises in personal injury and clinical negligence claims. His practice focusses on claims involving serious and life changing injuries in the multi-track.  Luke also regularly represents Defendants in claims involving allegations of fraud and fundamental dishonesty.  He has particular experience in costs and high value credit hire disputes.  Luke often advises in cases from an early stage and his approach is both comprehensive and practical.

Luke is often instructed in cases worth several hundred thousand pounds or more.

Expertise

  • Personal Injury
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    Luke appears in cases involving serious and life changing injuries.  He has represented parties in claims for fatal accidents, amputations, chronic pain syndromes, permanent physical injuries, serious scarring, psychological injuries and transmission of HIV.  Luke’s experience extends to claims involving significant damages for loss of earnings and care which extend to several hundred thousand pounds or more.

    Luke is experienced in a wide spectrum of cases including road traffic collisions, occupier’s liability, public liability and employer’s liability, including assaults at work

    Luke’s experience includes not only multi-track trials but appeals, conferences with experts and interim hearings such as costs and case management hearings.  Luke has substantial experience of providing written advice and pleadings, including large value schedules of loss and counter schedules which involve Ogden calculations.  Luke’s advice is often sought at an early stage in relation to strategy and tactics.

    Examples of cases include

    • Acting for the Claimant in a chronic pain syndrome case involving seven experts, settled at £100,000.
    • Acting for the Defendant in a serious knee injury case, settled at £130,000.
    • Acting for the Claimant who suffered from a serious leg injury resulting in an ongoing need for care, settled at £80,000.
    • Securing a favourable settlement for a Claimant with serious facial scarring and post concussional syndrome.
    • Acted for the Claimant in a case involving knee replacement surgery, settled at £75,000.
    • Acted for the Claimant in a case where the incident caused a fistula and use of a stoma.
    • Securing settlement for a Claimant with an acceleration of dementia.
    • Acting for the successful appellants concerning whether two personal injury claims were an abuse of process. The Court had to decide whether the definition of abuse was changed by the ‘Jackson reforms’.

    Luke has written a number of articles, including publications in the Personal Injury Law Journal, District Judges Law Bulletin and the Personal Injury Brief Update Law Journal.

    Counter Fraud 

    Luke is frequently instructed by some of the leading counter fraud teams in the country in cases involving allegations of fraud, fraud rings, exaggerated claims, staged and induced accidents, phantom passengers, low velocity impacts and fundamental dishonesty.  He is adept at utilising intelligence from a variety of sources as well as surveillance evidence.  He is a robust cross examiner.

    Luke has a good knowledge of the impact of insurance in this arena, including matters of indemnity.

    Examples of cases include:

    • Acting for the Defendant.  Secured a finding of fraud as the Claimant was found not to be in the vehicle at the time of the accident.
    • Acting for the insurance company as a Second Defendant.  Secured a finding of fundamental dishonesty where the Court found the injury claim brought by the Claimant was fabricated.
    • Acting for the Defendant, secured discontinuance of a claim where CCTV gave rise to pleading of fraud.

    Credit Hire

    Luke is well versed in all matters relating to credit hire litigation. He is highly sought after for his expertise, particularly in high value claims. His knowledge of authorities is extensive and has been described by the Court as encyclopaedic. His expertise extends to fleet claims as well as more unusual enforceability and contractual arguments.

    Costs 

    Luke’s experience extends to costs litigation including detailed assessments, costs budgeting and more novel costs disputes.  Cases include:

    • Waring v McDonnell, a much publicised case concerning the impact of QOCS on counterclaims.
    • Nicholls v The Ambassador Theatre Group.  Luke acted for the successful respondent to the appeal concerning when it is reasonable for a Claimant to exit the PI Portal and escape the associated costs regime.
  • Clinical Negligence
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    Luke appears for Claimants in clinical negligence claims involving serious and life changing injuries.  Luke’s experience extends to claims involving significant damages for loss of earnings and care which extend to several hundred thousand pounds or more.

    Examples of cases include:

    • Acting for the Claimant in a case of negligent treatment resulting in the unnecessary removal of a kidney.  Favourable settlement secured.
    • Acting for the Claimant in a fatal accident and dependency claim valued at more than £100,000.
  • Publications
    • 7th Jul 2020

      A recent survey, conducted by 3PB’s Luke Ashby and Albion Chambers Kate Brunner QC for the Western Circuit, showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar. Luke Ashby now offers some practical guidance on:
      •what legal professionals can do to ensure remote hearings in the Civil Justice System are both effective and fair; and
      •identifying the main barriers to a remote hearing and how to overcome them.

      View Publication
  • Recommendations

    ‘Excellent with clients. Very user-friendly. Sharp on the law, but sees the bigger picture. Top drawer negotiator. Always really well prepared and knows their areas. Also very good at retrieving potentially lost-cause situations.’
    "Luke Ashby deals with life-changing injuries and fatal accidents and has a specialist counter-fraud practice."

    Legal 500 2021/Leading junior - Personal injury – Western Circuit – Tier 3

  • The Legal 500 - Leading Set 2021 Logo

Professional qualifications & appointments

  • Deputy District Judge (Civil)
  • Fee-Paid Judge of the First-tier Tribunal (Social Entitlement Chamber)
  • Pupil supervisor
  • Bar Vocational Course (Very Competent)
  • LLB - 2:1

Professional bodies

  • Personal Injuries Bar Association
  • The Honourable Society of the Middle Temple
  • Western Circuit

Direct Access

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

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