3PB personal injury and clinical negligence barrister Tom Webb attended Winchester County Court on Thursday 28th May in what is believed to have been one of the first civil trials to be heard in person since lockdown began. His observations on what fellow barristers, solicitors, lay clients, witnesses and judges will be going back to in the coming weeks are set out in this article.
Tom Webb 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 personal injury matters, Tom represents both Claimants and Defendants on the multi-track. Instructions frequently concern 6-figure claims. Tom is experienced at all stages of such litigation, from pre-action advice and drafting, through to CCMC and trial. Amongst other areas, cases regularly arise from road traffic accidents, occupier’s liability and claims against employers. Please refer to Tom’s personal injury page for details of recent and notable cases.
Additionally, Tom has built a substantial practice representing Defendants where fraud and/or fundamental dishonesty is alleged. Tom has much experience in the application of s.57 CJCA and CPR r.44.16.
Tom’s clinical negligence practice encompasses a wide range of claims. As well as matters arising from hospital and GP treatment, Tom has dealt with claims against dentists and physiotherapists. Tom has experience of clinical negligence claims arising in the contest of military service.
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.
Caterham School Ltd v Rose  8 WLUK 277
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Tom Webb 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 and schedules through to representation at trial.
Instructions frequently concern claims arising from road traffic accidents (including claims against the MIB), public liability matters (including Highways Act claims), occupier’s liability and accidents at work (including noise-induced hearing loss). Where such matters have resulted in death, Tom is experienced in dealing with claims under the Fatal Accidents Act and related provisions. The claims arising from road traffic accidents regularly contain credit hire elements and Tom is well-versed in the law arising from such matters.
Tom is frequently instructed on behalf of Defendant insurers on both the fast and multi-tracks 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 pursued in order to overcome QOCS protection. Tom has related experience of appearing at committal hearings.
Aside from his PI practice, Tom is experienced in matters related to the PI field, including disputes concerning contracts of insurance, usually involving property damage arising from road traffic accidents. Tom has recently been instructed in a matter concerning cancellation of a contract of insurance for material misrepresentation and which is at the permission stage in the Court of Appeal.
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:
- 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;
- Road traffic accident with liability denied on the basis of automatism – settled for £130,000;
- 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 in accident during a sword fighting drill;
- Injury at work rendering any future employment very unlikely pleaded at £200,000;
- 2-day liability and quantum multi-track trial (occupier’s liability);
- Ongoing fibromyalgia and traumatic brain injury matter;
- A complex matter concerning an uninsured EU-National, killed on a road in the UK, but without a personal representative in the jurisdiction;
- Claim for injuries sustained in prison, pleaded at £130,000
- PL claim following trip on a step, pleaded at £100,000;
- RTA claim involving damages for injuries requiring restorative plastic surgery;
- Hire charges reduced 80% at trial – Kingston CC
- 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;
- Successful representation at appeal concerning the quantum of losses arising from a cancelled holiday;
- Appeal arising from refusal to join two related claims where it is said that the alleged dishonesty in one is relevant to the other.
Recent LVI / fraud / fundamental dishonesty work:
- 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 an enforceable costs order;
- 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;
- Dismissal of claim by 3 claimants in an LVI matter;
Related Cases of Interest
- Representing the Defendant insurer in claims arising where vehicles had collided with:
- A 3-bed home;
- An historic railway bridge;
- A road bridge
- Representing the Defendant at multi-track trial concerning the spillage of oil on to the North Circular;
- Ongoing appeal (presently at permission stage with Court of Appeal) concerning alleged GDPR breaches and breach of contract arising from the cancellation of a contract of insurance for material misrepresentation;
- Appearing for Appellants before the War Pensions and Armed Forces Compensation Tribunal in claims arising:
- Non-Freezing Cold Injury;
- A heart condition exacerbated by the trauma of service.
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Tom Webb is experienced in a variety of clinical negligence matters, including claims arising from dental, GP, hospital and physiotherapy treatment. Instructions have included requests to draft pre-action correspondence under the protocol, as well as conduct of matters once issued. As well as claims against the NHS, Tom has experience of claims concerning private hospitals, partnerships and the military.
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.
Examples of recent cases include:
- Junior in multi-million pound child brain injury case.
- 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;
- 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;
- Allegedly negligent failure to detect an ectopic pregnancy;
- Negligent division of thumb tendon in a minor;
- Failure to diagnose swine flu and pneumonia;
Returning to court for a personal injury trial during the pandemic1st Jun 2020
Fitch v Lloyds TSB Bank plc  EWHC 1236 (QB)2nd Sep 2016
Does a bank who is negotiating with a customer for a sale of a financial product, owe a common law duty to advise the client about an onerous break clause? Tom Webb analyses a recent decision of the Mercantile Court that considers the scope of a banker's duty - Fitch v. Lloyds TSB Bank plc  EWHC 1236 (QB).
- 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
- Personal Injuries Bar Association
- Western Circuit
Tom Webb is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information