Darryl Allen KC

Personal Injury

Darryl has practised in personal injury litigation since completing his pupillage at Farrar’s Building. He advises and appears on behalf of claimants and defendants in substantial and complex claims, primarily brain, spine and fatal injury. Sitting as a Tribunal Judge on Criminal Injuries Compensation Appeals, he has substantial experience of analysing and deciding difficult issues relating to local authority care and accommodation, large care claims and substantial claims for loss of earnings.

Recommended leading barrister in personal injury work (Chambers & Partners and Legal 500).

Sample recently concluded cases

LM – Represented teenage pedestrian claimant who suffered severe brain injury when attempting to run across road from behind slowing bus on residential road.  Lump sum settlement (net of liability compromise) at mediation of £6.375M.

TC – Represented defendant in claim brought by pedestrian claimant who required below knee amputation as a result of multiple fractures and multiple unsuccessful operations. Contentious issues as to whether TC had developed Complex Regional Pain Syndrome and  risk of future “spread” of CRPS. Lump sum settlement at JSM of £750,000 after liability discount against £4.1M claimed.

JG  – Represented defendant in claim brought by brain injured pedestrian claimant.  JG required but was resistant to substantial levels of commercial care.  £1M claim for potential cost of parenting support in addition to £6M personal care claim. Lump sum settlement of £6.5M against £12M claimed.

BC – Represented defendant in claim brought by brain injured passenger claimant leaving BC with profound behavioural problems.  Unusual contributory negligence issues arising out of allegation that BC was not properly restrained by her seatbelt. Lump sum + PPO settlement of £3M + £125,000 p.a. for care and case management (£8.6M equivalent if lump sum only).

WALLETT v VICKERS [2018] EWHC 3088 (QB) – Represented successful claimant on appeal.  C’s husband engaged in spontaneous racing with the defendant at high speed along a dual carriageway, leading to loss of control and death of husband and serious injury to passengers.  Judge at first instance refused C’s claim by purported application of ex turpi causa defence.  Overturned on appeal with 40% recovery in C’s favour.

MN – Represented defendant in claim brought by 76 year old pedestrian who suffered an above knee amputation following night time road traffic accident. Primary liability admitted but dispute as to contributory fault. Difficult issues surrounding prosthetics [given MN’s age, level of amputation and rehabilitation potential] and accommodation [pre-injury rented accommodation and limited life expectancy]. Lump sum settlement at JSM of £240,000 against £1.1M claimed.

VF – Represented defendants in claim brought by 4 year old infant claimant who suffered severe brain injury following road traffic accident. Complex causation/extent of injury issues where there was evidence of pre-accident speech, language and learning delay. Lump settlement at JSM of £1M against £8.1M claimed.

DH – Represented claimant who suffered serious injury in cycle accident.  Liability compromised pre-issue.  C had a long history of intravenous drug use with associated social problems.  Difficult causation issues and ex turpi arguments.  Lump sum settlement.

Sample current cases

Swift v. Carpenter – Instructed by the Personal Injuries Bar Association as intervener in the compensation for accommodation/Roberts v Johnstone appeal in the Court of Appeal.

EFJ – Instructed by defendant in claim arising out of foetal injury sustained in road traffic accident leading to neuropsychological, cognitive and behavioural problems for infant claimant. Complex accommodation and care issues. Complex and contentious applications for interim payments to fund adapted accommodation.

DB – Instructed by tetraplegic claimant who suffered spinal cord crushing injury when operating cherry picker in confined and complex roof space as part of demolition project.

EH – Instructed by the defendant in claim brought by high achieving and ambitious junior doctor now tetraplegic following RTA.  Very substantial and complex claims for loss of earnings, accommodation, care and technology [exoskeleton].

BW – Instructed by claimant who suffered severe brain injury as a result of fall from height working on scaffolded building site as general labourer.

UZ – Instructed by defendant in claim brought by teenage claimant who suffered severe brain injury in RTA. Substantial and controversial claim for 24 hour care for allegedly violent and volatile behaviour.

MM – Instructed by claimant who required below knee amputation as a result of collapse of garage wall at his own home during the course of building work undertaken by commercial contractor.

RW – Instructed by claimant who suffered severe brain injury as a result of off-road motor cycle accident on organised commercial off-road trip abroad.  Allegations of failure to assess rider competency, plan, supervise and monitor the ride.  RW has developed epilepsy and diabetes insipidus as a result of the head injury.