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.

Tom’s personal injury practice encompasses both Claimant and Defendant work on the fast-track and the multi-track. He has a wide experience of claims arising from road traffic accidents, occupier’s liability, highways accidents and claims against employers. Tom regularly appears in cases where LVI, fundamental dishonesty and/or fraud are alleged.

Tom’s clinical negligence practice concerns claims arising from allegedly negligent treatment and/or advice. As well as claims arising from hospital treatment, Tom is experienced in dealing with claims in a variety of contexts including dental treatment and physiotherapy.

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.

Expertise

  • Personal Injury
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    Tom conducts fast and 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 including road traffic accidents, public liability (including Highways Act claims), occupier’s liability and accidents at work. Tom is experienced in all aspects of costs flowing from personal injury claims, including the provisions of the EL/PL and RTA Portals.

    Tom is frequently instructed on behalf of Defendant insurers in cases where LVI and/or fraud are alleged and has significant trial experience of such matters. Consequently Tom is also experienced in cases where fundamental dishonesty is alleged in order to overcome QOCS protection. He is also able to provide representation at committal hearings.

    Aside from the more standard matters, Tom is currently involved in niche areas within the PI field, including claims against the MIB and applications for restoration to the register.

    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.

    Linked to his PI practice, Tom has experience of representing 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 interesting examples of general personal injury work include:

    • Representing a wheelchair user in a matter concerning an accident on a bus;
    • A secondary victim claim;
    • An appeal concerning an ATE premium;
    • Success at trial for a Claimant in a matter whereby a landlord had failed to adequately maintain an access bridge;
    • A claim following an injury sustained on a cross-country cycling course;
    • Success for a child Claimant concerning an accident at an adventure playground;
    • Successful claim in negligence against a local authority following a street cleaning process.

    Recent high-value cases (£50,000 and above) have included:

    • Representing a client who sustained brain injuries in a fall from a bicycle;
    • Representing a client who sustained a broken ankle in a fall on ice resulting in permanent disability and a risk of DVT;
    • A claim concerning a fall from a scaffold resulting in serious leg and back injuries;
    • Representing a client in proceedings against a major car manufacturer arising from an accident on the production line;
    • A claim following a fall into an unguarded swimming pool resulting in chronic shoulder injuries;
    • Several ongoing chronic pain cases with values over £50,000.

    Recent LVI / fraud / fundamental dishonesty work:

    • Successful defence (claim abandoned) in £250,000 claim where Claimant’s employment evidence was alleged to be 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 over £8,000 in enforceable costs;
    • 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);
    • Successfully defeating an LVI claim on grounds in a case where breach was admitted at trial (Brentford 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.

    Publications

    • 3PB's Personal Injury team provides legal update on Disclosure, Fraud, Fundamental Dishonesty and Contempt Proceedings

      View Publication
  • 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 has acted as 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:

    • Negligent removal of wisdom teeth
    • Bowel injury sustained during an appendectomy
    • 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
    • Junior in ongoing multi-million pound child brain injury case.

     

     

Academic qualifications

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

Professional qualifications & appointments

  • Thames Valley Police Disciplinary Hearing Independent Panel Member
  • Part-time lecturer 2014/2015, Winchester University

Professional bodies

  • Personal Injuries Bar Association
  • Employment Law 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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