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.
1st Jun 2020
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.
- 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
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