Personal Injury & Clinical Negligence
Michelle specialises in personal injury with associated professional negligence and fatal accident claims. Michelle acts on behalf of both claimants and defendants. Michelle has extensive experience in all aspects of personal injury litigation, including catastrophic injury, occupational disease and psychological injury. She is currently instructed in numerous catastrophic, multiple injury claims at maximum value and Fatal Accidents Act claims. Michelle is regularly instructed in cases with technical aspects on liability (for example, construction site accidents or product liability) and in a wide variety of employers’ liability, Highways Act Claims and road traffic accident claims.
Michelle is also instructed in disputes relating to professional negligence issues, in particular allegations of negligence against construction professionals including structural engineers and architects.
Junior Counsel to Colin Edelman QC in which they successfully acted for a large corporation (quoted on AIM) against a leading worldwide insurance group in respect of a dispute concerning a Public Liability Insurance Policy in the context of asbestos related disease.
J v. Thomas, M v Thomas 
Acting for both Claimants in respect of a claim in damages for personal injuries and other losses they suffered as a consequence of historical sexual abuse perpetrated against then by their maternal grandfather when they were 3 –8 years of age. Both Claimants were diagnosed as suffering Specified Trauma-and-stressor-Related Disorder (DSM-V 309.89) during childhood and continuing, Major Depressive Disorder (DSM-V 296.2); and Panic Disorder (DSM-V 300.01). The abuse had a devastating effect upon the lives of both Claimants and it was successfully argued that they both significantly underachieved at school and suffered a reduced earning capacity as a result. The claim raised issues including whether aggravated damages was appropriate, the correct discount to be applied to the multiplier and the Claimants’ future capacity for work. Both Claimants were awarded in excess of £200,000.
Akande Nike v. Orsula [2015 and ongoing]
Instructed on behalf of the Claimant, a French National, in respect of her own personal injury claim and Fatal Accident Claim arising out of the death of her husband and two children in a road accident which occurred in England on M26. Claim raises complex jurisdictional issues as Defendant is Slovakian and is a high value claim.
Atkins v MIB [2012 - 2015]
Instructed on behalf of the Claimant who suffered significant injuries when aged 18, namely closed head injury, open fracture of the right humerus, multi ligament injury with fracture of the right knee [segond fracture] and fracture neck of fibula, Depression of Moderate Severity, Acrophobia with panic attacks. A liability admitted claim with complex issues in relation to quantum and earning capacity. Damages awarded in the sum of £244,000
Acting for the Claimant in respect of his claim in damages arising out of the catastrophic failure of a hip implant manufactured by leading manufacturer. Claim brought under the Consumer Protection Act 1987. Liability denied. The central issue was whether there a ‘defect’ of the implant within the meaning of the Consumer Protection Act 1987. The claim was successfully compromised.
Hubbard v Tissiman and Royal Sun Alliance [2011 - 2015]
Acting for Claimant who suffered injuries at the age of 16 in a road accident. Injuries include Open comminuted fracture of the right femur: -complex Grade III A fracture, with delayed union; Open fracture of the right tibia; Multi-fragment injury to the right knee; and Post Traumatic Stress Disorder. Claimant will require a knee replacement at the age of 28- 31 and revision at the age of 48- 56. Damages awarded in the sum of £716,000 at Joint Settlement Meeting.
B v Thomas Cook and Unlu 
Acted for Part 20 Defendant, Turkish Hotelier, in respect of fatal accident claim brought by B in respect of the death of his wife whilst on holiday. The Claim was successfully defended by the Part 20 Defendant.
B v J Sainsbury PLC 
Acting for the Claimant in respect of her claim in damages for personal injuries suffered as result of an armed robbery. All aspects of the claim in dispute. The claim was successfully compromised.
Whitmore v Sunrise Senior Living Limited 
Acting for the Claimant who sustained personal injuries as a result of an assault by a resident which occurred during the course of her employment with the Defendant. Liability for the assault was denied. Issues of contributory negligence and causation were also raised. The claim was successfully compromised.
Williams v. The Royal Parks Agency 
Acting for the Claimant who suffered significant injury when he collided with unlit dark coloured bollard in a Royal Park. All aspects of the claim were disputed. There were issues of liability, contributory negligence, causation and quantum. Liability was finally agreed 80/20 in favour of the Claimant and the claim was successfully compromised for an award of damages in excess of £100,000.
Chambers v. The Steel People 
Acting for the Claimant who suffered significant injuries to his leg. Successfully opposed Defendant’s application to resile from admission and claim was successfully compromised in excess of £350,000.
Sampson v Robore Cuts Limited 
Acting for a 37 year old diamond driller who suffered a crushing injury to his left [dominant] hand leading to Complex Regional Pain Syndrome Type II; Depressive Disorder; and an Adjustment Disorder with Anxiety. Despite significant treatment to the left hand including neurolysis of the digital nerve and local flap to cover the nerve and also further surgery to bury the neuroma the Claimant continued to suffer pain in the hand with reduced grip and pinch strength. The Claimant underwent full implant of spinal cord stimulation which helped to reduce the pain. The need the spinal chord implant Claimant was permanent and the Claimant suffered permanent neuropathic pain of the most severe form. The claim was successfully compromised at a joint settlement meeting for a figure in excess of ½ million pounds.
Reddin v. May
Acted for Claimant, a minor, in a personal injury claim in respect of multiple injuries including head injury, personality change, fractured pelvis and psychological injuries.
Draycott v Drury
Acted for Claimant in respect of catastrophic injuries sustained in a road traffic accident. Injuries included a traumatic below-knee amputation through the right leg, a traumatic amputation of the right arm, a significant brachial plexus injury and Post Traumatic Stress Disorder of moderate to severe type. Damages awarded in excess of 1 million pounds.