Frederick Lyon

Personal injury forms the majority of Frederick’s practice. He is recognised as a Leading Junior in the Legal 500 in this field. His work is approximately divided equally between Claimants and Defendants. Frederick is instructed at all stages of proceedings, from interim applications and CCMC’s through to trials. He appears in court on a near daily basis. He has appeared unled in both the High Court and Court of Appeal in cases within this area.

Recent cases have included:

• Acting for the claimant in a case brought under the Animal’s Act for serious facial and dental injuries sustained when kicked by a horse in the course of employment. Despite liability being in issue, the case settled in the Claimant’s favour in a high six figure sum following negotiation. It is notable that this case is one of a large volume of cases in which Frederick has been instructed, now into double figures, involving damage inflicted by horses.
• Acting for a defendant motorist in a case involving serious orthopaedic injuries caused in a collision with a pedestrian. In a split trial the claim was dismissed on the basis that no liability attached to the motorist
• Acting for the claimant in a fatal accident claim proceeding in the Queen’s Bench Division of the High Court following a high speed road traffic accident. Following Frederick’s involvement at all interim stages and in an advisory capacity the case settled in a high six figure sum shortly prior to trial
• Acting for the claimant in a large claim for chronic pain (fibromyalgia). Frederick successfully obtained a significant settlement having been involved in the claim from the outset
• Acting for a defendant motorist in a large (£40,000) credit hire claim with a counter-claim for life changing personal injury and traumatic brain injury. At a split trial the claim was dismissed and judgment was given in favour of the defendant/part 20 claimant. The case subsequently settled favourably for Frederick’s injured client.
• Successfully obtained two findings of fundamental dishonesty in a single week while acting for Defendants in fast track cases where LVI was alleged
• Acting for a major airline in a case brought under the Montreal Convention. Frederick was able to obtain a drop hands settlement after advising in conference and assisting in the drafting of correspondence

Frederick provides advice on quantum, liability and tactics either following pre-trial conferences or on the papers. He is particularly sought after by Defendants in cases where fraud or fundamental dishonesty is alleged.

Frederick has a familiarity with cases in the Travel Law sphere and is regularly instructed to appear in court or draft pleadings on behalf of Claimants and Defendants in cases brought under the Package Travel Regulations, Montreal or Athens conventions.

As a result of his previous career as an outdoor instructor Frederick maintains a particular interest in accidents arising out of participation in supervised high risk or ‘extreme’ sports. He has recently advised on cases involving rock climbing, scuba diving, skiing and horse riding. He is often instructed to advise on jurisdictional issues where such accidents have occurred abroad. Frederick has recently been regularly instructed to advise and provide precedent documents following the UK’s departure from the European Union.

Frederick is happy to consider conducting appropriate cases for claimants on a CFA basis.

Frederick has a flourishing practice in claims arising from accidents which have occurred overseas. Over recent years he has acted for both claimants and defendants in matters where the index accidents have occurred in a number of EU Member States as well as Dominican Republic, Cuba, Cape Verde, Turkey and Egypt. He has worked with a network of expert witnesses from across these jurisdictions and is happy to assist with sourcing an appropriate expert if necessary.

Frederick has experience in cases brought under the Athens and Montreal conventions. He has a particular expertise in cases in which fraud or fundamental dishonesty is alleged.

Recent cases have included:

• Acting for the defendant tour operator in a fatal accident arising out of an alleged breach of the Package Tours Regulations;

• Acting for the claimants in a coach crash in France where jurisdiction was originally disputed and involving inter alia a six figure claim for hire;

• Acting for the claimant in a case involving a broken femur sustained in a skiing accident in France leading to serious permanent symptoms;

• Acting for defendant tour operators in numerous cases involving allegations of serious holiday sickness sustained by holiday makers whilst abroad.

Frederick has provided training to tour operators and solicitors in relation to cross jurisdictional personal injury claims. He is currently regularly instructed to advise generally in relation to the impact of Brexit upon the litigation of claims with a foreign element.

He is a member of the Pan European Organisation of Personal Injury Lawyers (PEOPIL).

Frederick is often instructed on behalf of claimants in clinical negligence cases and has particular expertise in the field of dental practitioners’ negligence.

Recent cases have included an action against an uninsured dentist who had been struck off the register. The case required consideration of issues surrounding disclosure of records where the engagement of the medical practitioner is limited and the obtaining of a freezing injunction to avoid assets within the UK being disposed of before the claim could be met. The matter concluded at trial in the Claimant’s favour with a six figure sum awarded to Frederick’s client.

Frederick has also recently been involved in cases arising out of the negligence of optometrists, physiotherapists and orthopaedic surgeons.

Frederick is happy to consider conducting appropriate cases for claimants on a CFA basis.

Frederick is a recognised authority in the field of insurance law as the author of the latest edition of Atkins Court Forms on the subject and the Consultant Editor for the relevant volume of Halsbury’s Laws of England.

Frederick regularly acts for individuals and insurers in cases involving interpretation of contracts of insurance.

He has gained particular experience dealing with road traffic accidents where one or more of the parties was uninsured at the time of the collision. As such he has developed a familiarity with cases involving the MIB and the uninsured and untraced drivers’ agreements. He is regularly instructed to advise both insurers and prospective claimant’s in respect of these issues.

Frederick has experience dealing with various types of insurance contracts including life, property and credit. He has been recently instructed by insurers dealing with their subrogated rights to recovery significant outlay resulting from disruption caused by the Covid-19 pandemic.

Frederick is regularly instructed to deal with commercial contractual disputes between companies, insurers and in matters relating to the sale of goods to consumers.

Recent cases have included:

• Advising travel operators in relation to recoveries claims against overseas suppliers
• Advising a coach company on the recovery of significant hire charges exceeding £250,000 under the Brussels I Regulation (recast) for an accident which occurred in Europe;
• Advising a solicitor on their liability under contract in relation to a large claim brought by a medico-legal reporting agency for unpaid fees;
• Representing a barrister at trial in a claim for unpaid fees requiring analysis of the construction of the contract as between solicitor and counsel and the role of the Sale of Goods and Services Act. Following three years of contentious litigation the case resulted in the total amount of all fees owed to the barrister by the solicitor being awarded by the judge at trial;
• Advising on the general construction of credit hire agreements and subsidiary insurance agreements arising out of the same;
• Providing advice on precedent pleadings for a large insurer in respect of claims brought inappropriately under the European Communities (Rights Against Insurers) Regulations 2002
• Advising a major insurer in relation to their subrogated rights following outlay resulting from disruption caused in the Covid-19 pandemic.

Frederick is regularly instructed both for Claimants and Defendants to deal with road traffic accidents with elements of credit hire. He is often instructed to advise on evidence and tactics or conduct trials in such cases. He is familiar with all arguments commonly raised in credit hire cases including enforceability, need, period and rate. He has been instructed to draft training manuals for solicitors and other advocates in respect of these issues. Frederick is regularly involved on the multi-track in large claims involving the hire of prestige vehicles or taxi claims where hire has exceeded £50,000.

Although Frederick’s work is divided approximately evenly between Claimant and Defendant he has been instructed by  credit hire companies to draft generic documents and provide advice on tactics with ‘books’ of hire claims often exceeding several million pounds. Frederick’s work has resulted in bulk settlements being achieved in respect of the vast majority of these cases.

He is particularly sought after where complex matters of alleged fraud, enforceability or the hire of prestige vehicles are in issue.

Frederick is regularly instructed by Defendant insurers in relation to cases where fraud and fundamental dishonesty is suspected. Frederick often acts in such cases from pre-action conferences through to committal proceedings. Frederick has successfully defended cases with a value of up to £250,000 with dismissals on the basis of dishonesty either in relation to the whole or part of a claim. He was recently instructed to defend an appeal in the High Court on the basis of a finding under s.57 of the Criminal Justice and Courts Act 2015.

Frederick’s experience within Civil Fraud means he is well placed to advise claimants facing such allegations in respect of their claims.

Frederick has considerable expertise and experience in costs litigation. He is regularly instructed in CCMCs and assessment hearings.

He appeared successfully as leading counsel in the leading case of Achille v. Lawn Tennis Association Services Ltd. [2022] EWCA Civ. 1407.

Frederick has provided training to both APIL and to major insurers in relation to the fixed costs provisions of the Intermediate Track and in relation to QOCS.

Frederick is instructed across the field of general common law. He has recently been instructed on a number of multi-track cases dealing with various aspects of property law including dilapidations claims, nuisance and landlord & tenant issues.

Frederick is regularly instructed to appear on behalf of families and other interested parties at coroner’s inquests. He has developed a familiarity with the rules and procedure of coroner’s courts.

Frederick recently appeared on behalf of the family at a multi-day inquest in front of a jury. Written submissions were made to the coroner on the subject of recommendations which caused other interested parties to disclose the fact that risk assessments and procedures had been changed following the death. The subsequent civil case settled favourably.

Frederick has an interest in accidents occurring in the course of both competitive and non-competitive sports. Following his previous work as an outdoor instructor and expedition leader he has a particular focus on injuries sustained in ‘extreme’ sports, both at home and abroad. Frederick has recently been instructed to advise on accidents occurring in the course of football, rugby, rock climbing, skiing, scuba diving and horse riding.

Frederick maintains an interest in disciplinary tribunals arising out of competitive sports and is keen to further develop this aspect of his practice.