Tim Found

Tim appears for claimants and defendants in the public and private sectors. The financial value of the cases he is instructed in, whilst rarely exceeding the importance of the case to the individual claimant or clinicians involved, is usually six to seven figures, with one case in the last year exceeding £20m.  Complexity is often not linked to value, with Tim acting in cases of high complexity involving numerous fields of expertise.

He has experience in a broad spectrum of matters including delayed / missed diagnoses, the consent process, missing records, negligent treatment and / or surgery, in the settings of primary and / or secondary care, dentistry, and care in the community (including health visiting and nursing).

More specifically in the two years he has been instructed in cases involving amputation, cancer, cauda equina syndrome, chronic pain and central sensitising syndromes, complications following childbirth, cosmetic procedures, diabetic foot ulcers, emboli, hip dysplasia, mental health disorders, shoulder dystocia, stroke / TIA, suicide, traumatic brain injury and vascular matters. He also has particular experience in colorectal cases (tears resulting from childbirth, failure of anastomosis after laparoscopic bowel resection, haemorrhoidectomy).

Procedural issues he has acted or advised on in the last year include:

• steps to take when suspecting the wrong defendant has been sued in multi-defendant cases;
• deployment of and response to surveillance evidence;
• seeking permission to change experts (both in respect of one who became ill and another in whom all confidence was lost);
• how to address conflict in drafting agendas.

Tim is regularly instructed to advise on and attend summary and detailed costs assessments.

Tim’s general civil / common law work includes:

• Travel claims
• Holiday claims
• Landlord & tenant
• Insurance matters
• Contractual matters
• Claims for diminution in value
• Criminal Injuries Compensation Appeals Panel proceedings (CICAP)

Tim represents Claimants and Defendants in multitrack personal injury matters with equal frequency. Tim accepts instructions on behalf of individuals, businesses, insurance companies and local authorities. He appears in the High Court and in the County Courts for interim applications to final hearings. He has experience of cross-examining expert witnesses at trial in fields of engineering, water and environmental health / toxicology, microbiology, loss of value and in most medical disciplines.

Much of Tim’s personal injury practice arises from road traffic accidents, but he is also very familiar with fatal accidents, highways, tripping & slipping claims, health & safety law, employer and public liability matters. He has particular experience of claims in which fraud and / or fundamental dishonesty are alleged or contemplated.

He has also been instructed in quasi-clinical negligence matters such as care of mental health service users and negligent beauty / cosmetic treatment.

Procedural issues he has acted or advised on in the last year include:

• steps to take when suspecting the wrong defendant has been sued in multi-defendant cases;
• deployment of and response to surveillance evidence;
• seeking permission to change experts (both in respect of one who became ill and another in whom all confidence was lost);
• how to address conflict in drafting agendas.

Tim is frequently instructed in civil matters with a fraudulent or exaggerated element to them. He has advised on the obtaining, timing, deployment and reliance of surveillance and open source evidence.

In personal injury cases he has persuaded Courts to make findings of FD, order disapplication of QOCS protection and referral to the Attorney General for Contempt of Court proceedings. He has also successfully resisted such submissions when instructed on behalf of claimants.

His experience in such cases includes low velocity impacts (LVI), phantom passengers, mistaken identity and exaggeration of symptoms and/or damages.

In clinical negligence cases he has advised on and negotiated advantageous settlements in cases where the claimant appeared to have exaggerated their claim.

Anyone can now go directly to a barrister without having to involve anyone else (e.g. a solicitor).  This can be a cost effective and efficient approach to obtaining legal advice.

Tim receives instructions by public access across the range of areas of work that he undertakes.  Tim provides advice, drafts documents and can provide representation in court and at mediations. Tim can also negotiate on your behalf by telephone, via remote or video facilities and at face-to-face joint settlement meetings.

If your problem falls within Tim’s areas of expertise, please contact his clerks in the first instance for further assistance.