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.
- Clerk Name: Edward Holdstock
- Clerk Telephone: 01962 868 884
- Clerk Email: [email protected]
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 and schedules, through to representation at trial.
Tom is recognised in the 2023 edition of the Legal 500 as a leading junior for PI.
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 findings of fundamental dishonesty are 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 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. As well as FTT hearings, Tom has dealt with such matters at appellate level.
Recent or ongoing high-value cases have included:
- Complex causation dispute (multiple accidents) with pleaded value of two million pounds.
- £700,000 complex PTSD case settled at JSM.
- Junior counsel in child brain injury case pleaded circa.£10,000,000.
- Broken foot in accident at work with requirement for lifelong orthotics, pleaded at £500,000.
- Shoulder injury at work pleaded in excess of £500,000.
- Post-accident concussion claim pleaded at approximately £300,000.
- Back injury in RTA pleaded in excess of £300,000.
- Pedestrian vs car claim pleaded at £250,000.
- Fatal Accident claim pleaded at more than £200,000.
- Representing the defendant in a PL matter pleaded in excess of £200,000; settled for £25,000 at JSM.
- Road traffic accident with liability denied on the basis of automatism – settled for £130,000.
- 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.
- Multi-day liability and quantum multi-track trial (occupier’s liability).
- A complex matter concerning an uninsured EU-National, killed on a road in the UK, but without a personal representative in the jurisdiction.
- RTA claim involving damages for injuries requiring restorative plastic surgery.
- Appeal against Summary Judgment .
- 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:
- Success on appeal in case concerning allegation of pre-action dishonesty.
- Successful defence (claim abandoned) in £250,000 claim where Claimant’s employment evidence was found 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 at trial resulting in enforceable costs order of more than £30,000. Key evidence being Instagram Reels.
- 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.
- Multiple findings of FD in various RTA fast track matters.
Related Cases of Interest
- Representing the Defendant insurer in claims arising where vehicles had collided with:
- A three-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
- Atypical facial pain
- Presently seeking permission from the Court of Appeal in a psychiatric injury AFCS case.
Returning to court for a personal injury trial during the pandemic1st Jun 2020
'Tom is an exceptional personal injury barrister. He is extremely knowledgeable and couples a pragmatic and constructive approach with forceful and well-reasoned advocacy. He is also well liked by clients and is very empathetic.'
Legal 500 2024/ Personal Injury/ Western Circuit/ Leading Junior
Tom Webb is instructed by insurers in multi-track cases involving allegations of fundamental dishonesty.
'Tom is an excellent communicator. His advice is clear and definitive. All work prepared is detailed and always on time. Clients like him as he has a very calm manner about him.'
Legal 500 2023/Personal Injury/Western Circuit