Mark Stephen Lomas

Year of Call: 1983
Email Address: mark.lomas@3pb.co.uk
Telephone: 01962 868 884

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Overview

Mark Stephen Lomas is a highly experienced advocate. After an early background in criminal trial advocacy and a wide variety of common law claims, he has spent more than 25 years developing a specialist practice in personal injury and clinical negligence litigation and related aspects of professional negligence and inquisitorial hearings.

He acts for both Claimants and Defendants in personal injury claims and predominantly for Claimants in clinical negligence claims.

Mark is an Accredited Mediation Advocate.

Expertise

  • Personal Injury
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    Mark acts for both Claimants and Defendants. He has a related practice at inquests and in professional negligence actions arising out of personal injury claims.

    Mark has a particular interest in catastrophic injury claims involving both traumatic brain injury and spinal injury and also in fatal accident claims.  He has expertise in the valuation of complex damages claims involving multiple expert witnesses and, often, accountancy evidence.  He has wide experience in acting for children and protected parties.

    Mark has long experience acting in claims arising out of injury connected to marine activities.  Claims experience includes claims by both crew and passengers for injury aboard car ferries, cruise ships and cargo vessels and a claim involving a piracy attack against a cruise ship.  He has also acted in claims relating to injury in leisure and light craft including canoes, white water inflatables, sailing boats, power boats, canal barges, speed boats, ribs and rib racing.   Mark also has considerable experience in claims arising out of the shipping container industry, including injury relating to the loading and unloading of cargo, both on board vessels and on the quayside and involving container terminal practices and machinery.

    His experience extends to injury arising in a wide variety of circumstances including the following:

    • Accidents at work, with particular emphasis in the construction, docks, assembly line production and logistics industries
    • Industrial disease, with particular emphasis on asbestosis related disease and work related upper limb disorders
    • Psychiatric injury, stress at work and harassment
    • Road traffic accidents, with particular emphasis on motor cycle accidents
    • Other transport incidents including marine accidents, injury on the railway and air transport claims
    • Injury by animals, including both the common issues of dogs and horses but also other species from cattle to elephants
    • Military accidents
    • Historic (and recent) sexual abuse
    • Injury caused by criminal assault, including deliberate injury with motor vehicles, marine piracy, physical assault, rape, shooting and murder.

    Recent cases:

    • G - 2016
      Severe, traumatic brain injury caused to a man hit by a double decker bus on a city centre pedestrian crossing at night, resulting in a catastrophic injury claim.
    • G - 2016
      Teenage, rear seat car passenger suffered a severe traumatic brain injury following the loss of control of the car and collision with a tree, resulting in a catastrophic injury claim.
    • B - 2016
      A flooded road caused the claimant to cross to the opposing carriageway and collide with an oncoming car.  The other driver suffered fatal injury and the claimant suffered multiple injury, including psychiatric injury causing him to take his own life 5 years later, leading to a Fatal Accidents Act claim.
    • L - 2016
      Serviceman killed by a car whilst on a pedestrian crossing, giving rise to a substantial Fatal Accidents Act claim
    • W - 2016
      Motorcyclist killed by van turning across his path, leading to a substantial Fatal Accidents Act claim
    • G - 2016
      Severe hand injury caused by entrapment in machinery in a container terminal
    • S – 2016
      Severe neck injury caused when construction worker struck by falling materials on a building site
    • M – 2016
      Bilateral HAVS and carpal tunnel syndrome caused by using vibrating hand tools at work as a metal fabricator
    • E - 2016
      Claim for damages for advanced pleural thickening caused by direct industrial asbestos exposure
    • A – 2016
      Claim for damages for mesothelioma caused by childhood exposure to asbestos dust from father’s overalls in the 1960’s
    • F - 2016
      Death from mesothelioma; direct industrial exposure
    • S - 2016
      Death from mesothelioma; environmental exposure through living and working nearby an asbestos factory in the 1940’s and 1960’s.
    • M & E – 2016
      Sexual abuse of children by mother’s partner during the 1970’s
    • I – 2016
      Death of crew member following collision between a dredger and a sailing yacht at sea
    • M - 2015
      Death from mesothelioma; environmental exposure when working as a caretaker in a school.
  • Clinical Negligence
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    Mark acts predominantly for Claimants in a variety of claims for clinical negligence against medical, dental and other therapeutic providers extending to claims against GPs (and practice employees), GDPs, and hospital staff to consultant level including cases of the utmost evidential complexity, catastrophic injury and fatality. He has a related practice at inquests and in professional negligence actions arising out of medical negligence claims and has acted in GMC disciplinary proceedings.

    Recent cases:

    • W - 2016
      A claim arising out of the failure by an Emergency Department to diagnose and treat a canimorsus capnocytophaga infection, leading to near fatal sepsis, multi organ failure and limb amputation.
    • S - 2016
      A claim arising out of the failure by a general practitioner to investigate symptoms which would have led to diagnosis of a testicular cancer in good time, leading to the development of advanced cancer, severe illness and prolonged symptoms affecting a career as a professional racing driver.
    • B 2016
      A claim arising out of spinal cord injury sustained during spinal surgery.  The claim was advanced upon the basis both of lack of informed consent to the injurious aspects of the surgery and in failing to provide prompt remedial surgery to reduce the consequences of injury.
    • B 2016
      A claim arising out of the failure to investigate the claimant and detect a leak from an anastomosis formed during a laparascopic bariatric procedure, leading to advanced sepsis and death.
    • A 2016
      A claim arising out of the failure to detect and treat a bowel perforation during laparascopic pelvic surgery, leading to severe illness, a de-functioning ileostomy, chronic pain, prescribed opiate addiction and psychiatric injury.
    • A 2016
      A claim arising out of the failure by an optometrist to investigate abnormality of vision following a sight test that would have revealed the presence of, and enabled earlier treatment of, a brain tumour.
    • M 2016
      A claim arising out of the failure by two consecutive general practitioners to diagnose / treat infective mastitis leading to prolonged hospitalisation for PVL-SA infection and pneumonia and requiring repeated surgery for advanced breast abscesses.
    • R 2016
      A claim arising out of surgery for ectopic pregnancy in which the wrong fallopian tube was removed, causing reduced fertility and psychiatric injury.
    • S 2015
      A claim arising out of the death of an unborn child following hypoxic damage suffered after the mother experienced post-operative bleeding following surgery to treat an ovarian cyst.
    • C 2015
      A claim arising out of negligently conducted shoulder surgery of hemiarthroplasty.

Recommendations

'Has a broad skill set encompassing industrial disease, occupiers' liability, historic sex abuse and employers' liability claims. He is adept at handling cases involving fatal accidents and catastrophic injuries. He represents both defendants and claimants.'
Strengths: "A very good cross-examiner and a tough opponent." "He is very experienced and provides a consistently high quality of service, with sound judgement and a forensic attention to detail." "An excellent senior junior who knows exactly what is needed evidentially to win difficult cases. He has good manner with challenging clients."

Chambers UK 2018/Personal Injury - Western (Bar) - Band 1

'Chiefly acts for claimants in cases of the utmost severity, including those concerning catastrophic injury and fatal accident claims. He also handles a variety of surgical negligence, dental negligence and delayed diagnosis matters, and is well regarded for his representation of vulnerable clients and minors.'
Strengths: "An excellent senior junior who knows exactly what is needed evidentially to win difficult cases and he has a good manner with challenging clients." "In mediation he is very calm, considered and carries a lot of kudos." "Excellent with clients and experts."

Chambers UK 2018/Clinical Negligence - Western (Bar) - Band 2

'Focuses on representing claimants in a wide range of maximum severity cases including those relating to catastrophic injury. His practice covers the London Bar and Western Circuit. He routinely acts in surgical negligence matters and delay in diagnoses. In addition, he is adept at dental claims.
Strengths: "Excellent with clients and experts." "He's exceptional at what he does due to his experience over the years. He instils a great deal of confidence in the clients."'

Chambers UK 2017/Clinical Negligence - Western (Bar) - Band 2

Strengths: "A superb advocate with meticulous attention to detail." "He is extremely good at analysing complex issues."'

Chambers UK 2017/Personal Injury - Western (Bar) - Band 1

'An experienced practitioner whose practice includes clinical negligence and personal injury. He practises across both the London Bar and Western Circuit on behalf of both claimants and defendants. He is frequently instructed to handle matters dealing with the most serious harm, including fatal accidents and catastrophic injury.
Strengths: "Silk material. He is very bright, gives clear advice to his clients and in conference is very good at understanding the key issues in the case without getting bogged down. He's also very good on his feet and is a very solid advocate."'

Chambers UK 2016/Clinical Negligence - Western (Bar) - Band 2

'Represents both claimants and defendants in a wide range of personal injury cases. He is praised for his attention to detail and strong analytical skills.
Strengths: "His strength is his analysis and judgement on how to deal with a case effectively." "He's very strong on the mathematical side of the schedules of loss."'

Chambers UK 2016/Personal Injury - Western (Bar) - Band 2

'...focuses on high-value injury claims arising from RTAs. He is widely praised for his ability to handle highly technical details in complex cases.
Expertise: "He is extremely good and his attention to detail is second to none."'

Chambers UK 2015/Personal Injury – Western Bar

'...has a broad clinical negligence practice which includes dental and therapy work. The range of his work covers minor to catastrophic injuries, and fatalities.
Expertise: "He is extremely thorough and works very hard." "He has a very good turnaround time and is highly responsive."'

Chambers UK 2015/Clinical negligence – Western Bar Band 2 Set

'...particularly known for his deft representation of medical professionals in cases ranging from small injury claims up to catastrophic and fatal injury cases.
Expertise: “He is excellent with clients and experts, and is a reassuring presence in a case.” “He is very efficient and definitely knows his stuff.”'

Chambers UK 2014/Clinical Negligence - Western Bar

'...specialises in high-value claims for catastrophic injuries, including those arising from RTAs and involving employers' liability. He has significant experience in claims involving complex jurisdictional issues, and is noted for his ability in negotiations.
Expertise: “He’s experienced, dependable, has a very keen eye for detail and is always able to add value to a claim. He has a forensic knowledge of the Ogden tables - haven’t come across anybody with knowledge that in-depth. He’s a statistical man.”'

Chambers UK 2014/Personal Injury – Western Bar

'Extremely bright, professional and very good with clients'

Legal 500 2017/London Bar - Personal injury – Leading juniors

‘He is meticulous and extremely knowledgeable.’

Legal 500 2017/Regional Bar - Western Circuit, Personal injury and clinical negligence – Leading juniors

'He has extraordinary attention to detail.’

Legal 500 2016/Regional Bar - Western Circuit, Personal injury and clinical negligence – Leading juniors

'Meticulous and responsive'

Legal 500 2015/Regional Bar - Western Circuit, Personal injury and clinical negligence – Leading juniors

'Pragmatic and thorough.'

Legal 500 2014/South Eastern Circuit, Personal Injury and Clinical Negligence expertise.

‘technical ability is excellent, and on a par with many silks’.

Legal 500 2013/Western Circuit, Personal injury and clinical negligence expertise

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Academic qualifications

  • BA (Keele)

Professional qualifications & appointments

  • Accredited Mediation Advocate

Professional bodies

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