Robert Smith - Year of call: 1995

Robert practices almost exclusively in the field of Personal Injury and Clinical Negligence.  He acts for Claimants and Defendants in road traffic work.  He holds a specialist interest in Employers’ Liability.  He also undertakes work in public liability and disease litigation.

Professional Endorsements:

• "at the top of his game in this field" "consistently high-quality advice" "lightning at turning papers around" 2011 Legal 500
• “Shows ‘a scrupulous attention to detail’ 2010 Legal 500
• “extremely diligent and attentive to detail” 2009 Legal 500
• “Never fazed and always delivers” 2008 Legal 500
• “Gives clear sensible advice….” 2007 Legal 500

Practice Details:

Robert practices almost exclusively in the field of personal injury.  He acts for Claimants and Defendants in road traffic work.  He holds a specialist interest in Employers’ Liability.  He also undertakes work in public liability and disease litigation.  Robert has undertaken work in a wide range of clinical negligence cases, including claims against hospital trusts for negligent obstetric treatment at childbirth and failure to diagnose in orthopaedic treatment. He has successfully defended actions brought against physiotherapists for alleged negligent treatment.

Robert regularly acts in cases involving very significant injury, including brain injury, both individually and being led.  

Notable Cases

For Claimants

A v B  Acting for a Claimant against a Trust in a clinical negligence dispute arising out of the late diagnosis of neck cancer. Liability and quantum were both in dispute. The case settled following negotiation at £500,000

Junior Counsel, being led by David Stockdale QC in an action for the victim of a road traffic accident sustaining serious head injury, blindness and brain damage. Periodical payments order with the gross value of the settlement being in excess of £2.2 million

Acting for a number of Claimants in actions arising out of the Selby rail crash, both individually and whilst being led, resulting in substantial payouts;

Acting for a Claimant with complex regional pain syndrome, being led by David Stockdale QC.  Liability and quantum were both in dispute.  There were issues over engineering and medical evidence.  The claim settled at £500,000 at round table conference;

Acting for various Claimants with catastrophic brain injuries, with claim values well in excess of £1million

For Defendants

Acting as Junior Counsel for a Defendant in a case where there was a significant brain injury, pleaded in excess of £3million.  The claim settled after 3 days of evidence in the High Court at £500,000;

Acting for a Defendant in a very significant injury claim, pleaded in excess of £1million.  The Claimant only obtained judgement for £200,000.  The Claimant’s costs were reduced by 50%, to take into account his conduct. The litigation involved medical experts and a handwriting expert;

Clinical Negligence

Robert has undertaken work in a wide range of clinical negligence cases, including claims against hospital trusts for negligent obstetric treatment at childbirth and failure to diagnose in orthopaedic treatment. He has successfully defended actions brought against physiotherapists for alleged negligent treatment. He has undertaken cases against eye clinics for negligently performed laser treatment. He has undertaken numerous dental negligence cases against NHS and private dental practitioners, including work involving the alleged ex post facto amendment of medical records.”

Reported cases:-

Nelson –v- Clear Springs Management (2007) 1 WLR 962 : (2007) 2 All ER 407 : (2007) HLR 14 : (2006) NPC 103 : Times, October 5, 2006. Service of proceedings and setting aside judgement entered at trial;

Hartley v Sutherland Architects [2001] EWCA Civ 976. Part 36 offers and payments into court.