David Roderick

David is an experienced clinical negligence practitioner with a caseload including complex liability, causation and quantum disputes. Recent and ongoing instructions for Claimants include:

M v S L Hospital. Failure to obtain informed consent for a salpingo-oophorectomy and failures in post-operative care

M v P Hospitals Trust. Fatal clinical negligence claim resulting from negligent management of ulcerative colitis and ultimately a necrotic bowel condition.

C v  E L Hospital NHS Trust. Fatal clinical negligence claim resulting from delayed diagnosis of lung carcinoma.

G v I C Healthcare NHS Trust. Claim arising from the negligent failure to apply banding to the pulmonary artery and then a Fontan procedure in respect of a child born with congenital heart disease. The negligence led to a drastically reduced quality of life and a reduced life expectancy.

Recent instructions for the defendant include HA v Royal Free London NHSFT (2020), a late application on the part of the defendant to rely on additional expert evidence including invasive blood testing of the Claimant.

David regularly appears in costs and case management hearings in the County Court and High Court. He also advises in respect of discrete costs points, recently including; interim payments of costs, the effect of Part 36 offers, the disapplication of qualified one-way costs shifting, and costs and compromise agreements.

David has wide experience in credit hire cases from fast track level through to cases involving claims up to £100,000. He provides lectures and presentations on the subject of credit hire.

David has a keen interest in disciplinary and regulatory work, in particular after gaining experience in financial services regulation and proceedings before the Regulatory Decisions Committee as a legal assistant in the Enforcement Division of the Financial Services Authority

David has considerable experience of pleading and pursuing submissions in cases concerning fundamental dishonesty in the context of s.57 and QOCS. He has secured multiple findings of fundamental dishonesty and the consequent disapplication of QOCS. Recent successes include a finding of FD and removal of QOCS protection at trial, even after the Defendant driver did not attend to give evidence.

He has experience of successfully defending in cases of induced accidents, staged accidents, phantom passengers, and fabricated or exaggerated injury.

David is a very experienced personal injury junior, regularly advising on and appearing at trial in respect of the full range of liability issues. David also has extensive experience in cases involving complicated quantum disputes and injuries of severity including brain injury, spinal injury, chronic pain and psychiatric conditions.

In addition to the notable cases section on this website page, further recent RTA cases of interest include:

SM v A & B. For the Defendant. A chronic pain case  pitched at £1.2 million, subsequent to a moderate RTA. Extensive surveillance evidence served by the defendants. Favourably settled at JSM.

S v S. Running down of a police officer. Complex accident reconstruction evidence in relation to conspicuity of pedestrians at night and a neuropsychological dispute in relation to extent of subtle brain injury.

E v R. An altercation in a car park leading to the deliberate or reckless running down of the claimant. Liability remains in dispute.

In addition to the notable cases section on this website page, recent employers’ liability cases of interest include:

P v FS Limited. Complex liability dispute acting for the claimant who was badly injured as a result of two accidents at work on the same day. Initial concussion injury leading to a separate fall when the claimant was sent back to work, causing serious orthopaedic injury.

L v H Housing. Liability and quantum dispute in relation to a below-the-knee amputee who slipped on wet outside steps while at work. Further damage to his knee requiring a re-adapted prosthesis.

David acts for interested persons at Inquests, and is often instructed to attend by Insurance companies in respect of the interests of their clients. Notable instructions to act include MS v Eurotaxis, Avon Coroners Court, an inquest into the circumstances of a fatal collision between a motorcycle and a school minibus, and Mitchell v BRC an inquest concerning the provision of emergency medical care immediately prior to death.

David was also instructed as support counsel to the Inquiry Team on the Baha Mousa Public Inquiry 2008 to 2011, and as the judicial assistant to the Chairman of the Inquiry, former Lord Justice of Appeal, Sir William Gage.

David acted for a number of years as full time support counsel to the Inquiry Team on the Baha Mousa Public Inquiry 2008 to 2011, from its inception to the concluding report, and also as the judicial assistant to the Chairman of the Inquiry, former Lord Justice of Appeal, Sir William Gage.

David acts for both claimants and defendants in claims arising from accidents which have occurred overseas. In particular, he has experience in personal injury and fatal accident cases arising out of road traffic accidents and public liability accidents in Europe. His defendant clients include tour-operators, airline and airport companies, and major insurers.