Huw Davies

Huw is regularly instructed on behalf of both claimants and defendants covering all areas of personal injury including workplace accidents, industrial diseases (including respiratory, vibration and hearing loss matters), road traffic accidents, occupier liability claims, product liability and inquests.

He has experience dealing with very high value catastrophic injury cases and regularly settles multi-million pound counter-schedules on behalf of insurer clients.

He also has significant experience for both claimants and defendants in dealing with claims involving amputation and prosthetic provision.

A significant proportion of his work involves instructions on behalf of local councils and companies involved in public authority works.

Huw also has considerable experience in relation to:-

– fraudulent claims (in particular low velocity impact claims and deliberately staged accidents), credit hire and related insurance issues.

– data protection and FOI issues, in particular personal injury/injury to feeling claims following alleged data breaches.

Recent Cases:

Wakefield v NJS – successful defence where claimant failed to beat part 36 payment and damages falling  below the interim payments made to him.

Re M – successful compromise on behalf of claimant following traumatic above elbow amputation of arm.

Re Y – successful compromise of claim on behalf of young adult following very significant hand injuries following road traffic accident, rendering hand effectively useless

TFL v Amey PLC – successful defence in £1m indemnity in relation to a serious accident when a cyclist came of his bike due to a pothole

Huw is regularly instructed in relation to costs issues (including costs budgeting) and has experience in arguing both general and technical cost points in both the County and High Courts. He has provided several seminars in relation to the Jackson Reforms and Qualified One Way Costs Shifting.

Recent cases of interest include:

Wakefield v NJS – exercise of the Court’s discretion for repayment of interim payments following judgment.

Carter v The Governing Body of Magdalen College Oxford –  a preliminary issue was successfully brought on the part of the College seeking a declaration that a discrimination claim that included a claim for injury to feelings did not benefit from QOCS protection.

Simonjana v Amey PLC – a successful application made on behalf of the defendant to recover significant costs incurred in a claim which was issued on the cusp of limitation but where no particulars of claim or claim form were served before discontinuance.

Huw practices in all areas of employment work and is a member of Chamber’s Employment group. He acts for both claimants and respondents, and regularly appears in tribunals across the country, the High Court and the Employment Appeals Tribunal. He has particular experience of discrimination claims, unfair dismissal, breach of contract and jurisdictional issues and restraint of trade.

Recent cases of interest include:

Brown v VSO – successfully represented respondent in preliminary issue concerning jurisdiction of Tribunal to hear claims arising from employment in South East Asia with a UK based charity.

Marsden v Bucher Municipal Ltd – successfully represented the respondent company in a preliminary hearing on the issue of jurisdiction. A former employee, working predominantly in Germany and Lativa, but spending some time in the UK, brought claims relating to his employment following his dismissal. The Tribunal held that it did not have jurisdiction to hear the claims, specifically considering and rejecting arguments as to the applicability of Bleuse principles.

Sean Hannah Limited v Webb & Co –  interim injunctions to enforce restrictive covenants were successfully obtained against a former employee who had departed from his employment as a hairdresser with the claimant client.

Ravell v Rapier Employment Ltd – successful defence of an unfair dismissal and age discrimination claim brought by the claimant following redundancy.

Suggitt v TWM Trust Corporation – Successful defence on behalf of employer for unfair dismissal and whistleblowing.

Aguilar v Republic of Panama –  instructed  on behalf of the Republic of Panama in an application to set aside a default judgment and to strike out a claim for want of jurisdiction, raising issues of state immunity.

Stevens v London Borough of Wandsworth – successful claim on behalf of former employee unfairly dismissed for alleged gross misconduct

Elwakili v Association of Optometrists– successful compromise of a claim concerning issues of race, religious and sex discrimination

Penegar v Theydon Bois Baptist Church – claim considering the employment status of a Baptist Minister

Huw is regularly instructed on behalf of both bereaved families and insurers to provide representation at Coroner’s Inquests, particularly in relation to fatal accidents occurring at work.

Recent inquests of interest include:

Re Korol – Acted on behalf of a psychiatric hospital following the death of a patient whilst a resident. Inquest raised complicated issues of medical care, nursing supervision and internal policy.

Re Powell – Acted on behalf of a driver involved in a fatal collision with a pedestrian. Issues arose as to delay in arrival of the ambulance services and subsequent medical treatment.

Re D– Acted on behalf of the family in relation to a death as a result of altitude sickness whilst hiking in the Hindu Kush.

Re Burris- Acted on behalf of insurer clients following a road collision fatality following a purported police chase.

Re Woodhouse- Represented the interests of the supplier of agricultural machinery following the death of an individual caught within the machine

Huw acts for insurance interests in a variety of insurance related claims, including:

• Personal Injury
• Fraud
• MIB and Article 75 Issues
• General indemnity issues

Recent cases of interest include

Mohamed v Allianz Insurance Limited – successfully represented the defendant insurer in a three day multi-track claim in relation to a staged collision claim. The Claimant withdrew his claim early on in the second day of his evidence when the fraudulent nature of the claim became evident following cross examination.

Page v Khalid & Zenith – A successful defence to an alleged road traffic collision with a finding of fundamental dishonesty made and recovery of costs on behalf of the insurer client

Hannah v Henry Nuttal Ltd – causation and indemnity issues arising from a fire within a Fish & Chip shop

Huw has considerable experience dealing with all aspects of fraud. He has had previous experience of criminal fraud
(being involved in a nine month commercial fraud trial at Southwark Crown Court) but now deals predominantly in motor fraud and personal injury claims with elements of fraud and fundamental dishonesty.

He is regularly instructed on behalf of insurers to advise in relation to potential fraudulent claims and to conduct trials where fraud and dishonesty are in issue.

Huw has given regular talks and training in relation to dishonest claims.