Tom Webb

Year of Call: 2010
Email Address: tom.webb@3pb.co.uk
Telephone: 01962 868 884

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Overview

Tom is a civil practitioner specialising in personal injury and clinical negligence matters. He appears in courts and tribunals on an almost daily basis and has established a busy practice encompassing both advocacy and advisory work.

Tom has provided representation at courts of various levels, including the High Court and the Employment Appeal Tribunal. In the Autumn of 2019 Tom has received instructions to act in a matter in the Court of Appeal.

Tom’s personal injury practice encompasses both Claimant and Defendant work on the multi-track. Tom has a wide experience of claims arising from road traffic accidents, occupier’s liability, highways accidents and claims against employers.

Tom has built a busy practice representing insurers on the fast and multi-track where allegations of dishonesty and/or fraud are being pursued. He is experienced in running cases where LVI, exaggeration, phantom passenger and related issues arise.

Tom’s clinical negligence practice encompasses a wide range of claims. As well as matters arising from hospital treatment, Tom has dealt with claims against dentists and physiotherapists.

Aside from his practice at the bar, Tom has lectured part-time at the Winchester University Law School and provided mooting coaching. He is a former Western Circuit Mooting Champion (2008) and Middle Temple Lowry Scholar (2009/10). In 2016 Tom was appointed as a panel member to the Thames Valley Police Disciplinary Tribunal.

In 2019 Tom was appointed as a Fee-Paid Judge of the First Tier Tribunal and assigned to the Social Entitlement Chamber.

Expertise

  • Personal Injury
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    Tom conducts multi-track personal injury litigation for both Claimants and Defendants. Tom has a wide experience of all aspects of proceedings, from early advice on liability and the initial drafting of pleadings through to representation at trial.

    Instructions frequently concern claims arising from road traffic accidents, public liability matters (including Highways Act claims), occupier’s liability and accidents at work (including noise-induced hearing loss).

    Tom is frequently instructed on behalf of Defendant insurers on both the fast and the multi-track in cases where fundamental dishonesty and/or fraud are alleged. Consequently, Tom is experienced in running cases where insurers seek to overcome QOCS protection. Recent cases have included allegations of LVI, ‘slam-on’ incidents and ‘phantom passenger’ disputes. Tom has also provided representation at committal hearings.

    Tom has undertaken notable defence work representing both social housing and private landlords and is experienced in conducting matters under the Defective Premises Act and Landlord and Tenant Act. He is also regularly instructed by bus companies in defending claims made against them.

    Aside from the more standard claims, Tom conducts litigation for insurers where disputes arise under a policy of motor insurance. These have included defending property damage and data protection claims.

    Similarly linked to his PI practice, Tom has experience of representing current and former service members before the War Pensions and Armed Forces Compensation Tribunal.

    Tom frequently provides lectures and seminars for insurers and solicitors in the PI arena.

    Recent or ongoing high-value cases have included (both Claimant and Defendant):

    • Claim pleaded at £1,200,000, including significant claims for future loss of earnings and care;
    • Pedestrian vs car claim pleaded at £250,000;
    • Representing a client who sustained brain injuries in a fall from a bicycle, pleaded at £100,000;
    • Junior counsel in child brain injury case pleaded circa.£10,000,000;
    • Medical professional slipping on ice, pleaded at £100,000;
    • Complex earnings claim against former employer, where self-employed client is now unable to pursue a business that would have expanded in time, pleaded at £200,000, of which around £150,000 is future loss of earnings;
    • Client with brain injuries sustained during a sword fighting drill;
    • Injury at work rendering any future employment very unlikely pleaded at £200,000;
    • Somatoform Disorder case with pleaded value of £200,000;
    • Chronic pain / broken leg case arising from a fall at a social club, pleaded up to £100,000;
    • Stylist claiming loss of chance for career currently pleaded at £75,0000;
    • Unusual phobia case pleaded at £70,000;
    • RTA claim involving damages for injuries requiring restorative plastic surgery;
    • Historic NIHL workplace claim dating back to the 70’s, with limitation argument;
    • Claim for burns and scarring arising from a fall into scolding water, pleaded at £100,000;

    Recent LVI / fraud / fundamental dishonesty work (all Defendant unless otherwise stated):

    • Successful defence (claim abandoned) in £250,000 claim where Claimant’s employment evidence was alleged to have been fabricated;
    • Costs recovered on behalf of Defendant insurer in employer’s liability claim that was abandoned pre-trial. Application for finding of fundamental dishonesty (CPR PD44 paragraph 12.4) was successfully pursued resulting in recovery of enforceable costs;
    • Finding of fundamental dishonesty in LVI claim resulting in recovery of costs and order for return of interim payment (Croydon CC);
    • Finding of fundamental dishonesty secured in an LVI claim with costs recovery based on inconsistency of medical records (Nottingham CC);
    • Success for Claimant in LVI claim where fundamental dishonesty alleged (Southampton CC);
    • Success on liability for Defendant at trial of an LVI matter and subsequent recovery of indemnity costs on the basis that the Claimant’s injury claim was fundamentally dishonest (Norwich CC);
    • Successful strike out of claim where LVI alleged and subsequent recovery of costs on basis that Claimant’s conduct was likely to disrupt the just disposal of proceedings;
    • Success at trial (for Claimant) where conspiracy alleged;
    • Claim pleaded at £200k abandoned due to surveillance evidence;
    • Claim including allegations of LVI, staged accident and phantom passenger. Key evidence included Facebook pages and address history;
    • Claim dismissed where 3 occupants of a vehicle all claimed injury. Inconsistency with the medical records was central to the outcome.

    Other work of interest

    • Appeared for the Defendant in an appeal in respect of an award of fixed costs where the Claimant argued that the award should have been for assessed costs;
    • Committal proceedings for contempt of court;
    • Representing an insurer in a claim for breach of data protection provisions and breach of contract. Tom provided representation at first instance and on appeal to the Circuit Judge. Tom remains instructed with proceedings now at the Court of Appeal;
    • Represented an insurer at trial where damages of more than £45,000 were claimed in respect of re-surfacing the North-Circular following an accident.
  • Clinical Negligence
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    Tom is experienced in a variety of clinical negligence matters, including claims arising from dental, hospital and physiotherapy treatment. Instructions have included requests to draft pre-action correspondence under the protocol, as well as conduct of matters once issued.

    Tom’s PI practice has involved matters whereby cosmetic surgery is in issue (either in terms of injury undermining such previous surgery or where cosmetic surgery is recommended in the future) and so he is well placed to deal with clinical negligence claims arising in the cosmetic field.

    In 2018 Tom was instructed as a junior in an ongoing multi-million pound child brain injury case. The claim arises from a negligent failure to respond to hypoglycaemia shortly after birth and is presently listed for trial in 2019.

    Examples of recent cases include:

    • Damages for abrasions and scarring arising from negligent use of forceps at birth;
    • Negligent division of thumb tendon during surgery;
    • Negligent removal of wisdom teeth;
    • Bowel injury sustained during an appendectomy;
    • Failure to plan for and subsequently prevent the development of pressure sores in hospital;
    • Failure to adequately treat broken fingers at a fracture clinic;
    • Failure by a physiotherapist to refer a patient for further treatment following scan results in respect of a back injury, thus delaying remedial surgery;
    • Haemophiliac suffering extensive bleed during surgery due to alleged failure to adequately plan the operation;
    • Allegedly negligent conduct of a caesarean section;
    • Failure to refer a patient for further expert opinion in respect of an ankle injury;
    • Junior in ongoing multi-million pound child brain injury case.

Academic qualifications

  • LLB (Hons)
  • BVC (BPP London)
  • Middle Temple Lowry Scholar

Professional qualifications & appointments

  • Fee-Paid Judge of the First-tier Tribunal, Social Entitlement Chamber
  • Thames Valley Police Disciplinary Hearing Independent Panel Member
  • Part-time lecturer 2014/2015, Winchester University

Professional bodies

  • Personal Injuries Bar Association
  • Western Circuit

Direct Access

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

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