Edward Counsell
01-11-1990
Robert Marven_KC
07-12-1994
Toby Halliwell
Toby has 30 years of experience in Personal Injury work. He is regularly instructed (in roughly equal proportion) on behalf of Claimants and by Defendant insurers.
1992 Middle Temple
“Toby has considerable patience and empathy in dealing with the severely injured, particularly those clients of a vulnerable nature. His advice is always clear, and well considered, with an excellent level of telephone/email support.”
- Called 1992 Middle Temple
- 1991-1992: Inns of Court School of Law
- 1986-1989: LLB. Hons University of Manchester
- 1981-1985: Winchester College
- Professional Negligence Bar Association, Personal Injuries Bar Association and Employment Lawyers Association.
- Adjudicator (England & Wales) of the Traffic Penalty Tribunal (Traffic Management Act 2004).
- Crown Prosecution Service Approved Advocate – Grade 3.
- AG’s list of Approved Advocates.
Personal Injury/Regulatory
- A civil fatal accident claim, jury inquest, and defence of related HSE prosecution against an employer in respect of the death of an employee in a commercial diving accident involving the collapse of a cofferdam. Multi-party action with extensive technical expert evidence.
- Civil fatal accident claim, jury inquest, and defence of related HSE prosecution against employer traffic management company in respect death of employee motorway worker hit by a speeding car.
- Defence of personal injury and high-value credit hire claims arising from fraudulent conspiracy and staged accidents involving eight parties. Joinder and judgment with costs successfully obtained against all potential parties in favour of client insurer.
- Admiralty proceedings by passengers against a well-known cruise line in respect of failure to take adequate steps in response to an outbreak of norovirus onboard a large cruise ship.
- Claim under Package Travel Regulations for serious injuries sustained by a child falling from a hotel balcony.
- Multiple claims against an international car manufacturer for RSI in production line workers.
- Series of mesothelioma claims against a major car manufacturer.
- Claim against local authority by a care worker in respect of severely disabling psychological injuries sustained as a result of an assault by a client/patient.
- Successful claim against a local authority in respect of injuries sustained from unknown cause by a severely mentally and physically disabled child whilst in the authority’s care.
- £1.2 million claim by ophthalmologist injured in a motorcycle accident.
- Product liability claim by severely injured racing driver against international vehicle manufacturer, where chassis alleged to have collapsed during speed trials.
Clinical Negligence
- Contribution proceedings against treating orthopaedic specialist for negligent surgical intervention at incorrect location leading to unnecessary surgical fusion.
- Successful action for dependants of man who died due to anaesthetic mismanagement.
Other
- Mentor v R (2004) EWCA Crim 3104 (03 December 2004) – Character evidence and appropriate direction to jury.
Anderton –v- Clwyd County Council (2001) 2 AC 619 – Service of Claim form and extension of time for service of particulars of claim.
- “Killer Schedules – Drafting Schedules and Counter Schedules for Maximum Impact”
Details
Toby has over 30 years experience in Personal Injury and Clinical Negligence work being instructed (in roughly equal proportion) on behalf of Claimants and by Defendant insurers.
He is one of the South West’s leading “senior” juniors, and is known for his clear, thorough and pragmatic advice; as an intelligent and persuasive advocate; and as a robust negotiator.
He sits as a Deputy District Judge and as an Adjudicator, in the Traffic Penalty Tribunal and lectures widely in his specialist areas.
Personal Injury & Clinical Negligence
The main emphasis of his Personal Injury practice is on High Court and (multi-track) County Court work, in all aspects of Defective Premises, MIB and CICA claims, Product Liability, serious Road Traffic Accidents, accidents at work, abroad, in the air, and at sea.
A significant proportion of his work relates to accidents involving child Claimants; accidents leading to amputation; and catastrophic spinal and brain injuries - often with challenging capacity, causation and quantum issues.
He has been instructed by a number of the country’s leading insurers to advise on, and defend (with significant success) multi-party fraudulent claims, including associated indemnity and conflict issues.
Inquests
Toby acts on behalf of families, defendant insurers, corporate clients, and public authorities in respect of fatal accidents in Coroner’s Inquest proceedings.
Court of Protection
Toby represents family members, local authorities, NHS bodies and other interested parties in health and welfare and property and affairs applications in the Court of Protection. His cases include contested deputyship applications, the use and abuse of powers of attorney, disputes as to care and medical treatment, and the use of the deprivation of liberty safeguards.
