Douglas Herbert
- Year called:
- 1973
- Email:
- douglasherbert@ropewalk.co.uk
- Qualifications:
- LLB, University of Bristol.
- Practice areas:
- Personal Injury, Clinical Negligence, Fraudulent Claims
Douglas Herbert was called to the Bar in 1973.
He sits as a Recorder on the Midland Circuit. He is ticketed to sit in crime, civil and family work.
He specialises in personal injury and professional negligence (particularly clinical negligence) cases.
He prides himself upon his good and friendly manner with clients, which is coupled with his rigorous, clear and focused approach to the issues involved in the claim.
Personal Injury
He specialises in and is recognised as excelling in catastrophic personal injury claims. He is particularly well known for his expert understanding of the mechanics involved in difficult road traffic accident claims.
In a recent road traffic case involving a claim in excess of £8 million he rejected the defence offer of a liability split with the Claimant recovering 85% of her damages to be assessed and went on to trial where the Claimant recovered 100%.
Acting on behalf of Defendants he has had three recent successes where in cases involving brain injuries the driver has been exonerated and the pedestrian found wholly to blame for the collision.
He also specializes in claims under the Animals Act in which he has had a recent success in the Court of Appeal.
His caseload comprises mainly £1 million plus claims. He is currently dealing with a number of claims in excess of £5 million, some of which have involved substantial and contentious interim payment applications.
Clinical Negligence
He is well known for his high value clinical negligence claims and particularly his detailed understanding of the issues involved in spinal, brain and birth injuries.
He has recently been engaged in a number of claims involving periodical payment orders in excess of £175,000 per annum and in claims in which it has been necessary to proceed to a hearing in order to recover a sufficient interim payment to enable the claimant to purchase and adapt a suitable property.
In relation to his clinical negligence practice he works almost exclusively for Claimants.
Fraudulent Claims
He is often engaged in claims involving issues of conscious exaggeration and malingering.
General
Away from the Bar, his interests are family golf, rugby, travel and music.
Professional Membership
Professional Negligence Bar Association.
Personal Injuries Bar Association.
Reported cases
Samuel v Andrews 2010 EWHC 125 (QB) (young child run over by car rolling in reverse in car park raising issues of breach of duty and foreseeability).
Preston v City Electrical Factors Ltd 2009 EWHC 2907 (QB) (interim payment and how affects periodical payment order).
McKenney v Foster (T/A Foster Partnership) 2008 EWCA Civ. 173 (liability under Animals Act –cow escaping onto the highway causing fatal road accident).
Buck & Others v Nottinghamshire Healthcare NHS Trust (mental health patient assaulting care staff) 2006 EWCA Civ. 1576.
Thompson v Hampshire County Council 2004 EWCA Civ 1016 (Highways Act claim-definition/what constitutes a highway and highway authority duties).
Rhind v Astbury Water Park Ltd 2004 EWCA Civ 756 (duty of care under Occupier’s Liability Acts 1957 and 1984. Boy diving into lake and suffering catastrophic spinal injury).
Green v Bannister 2003 EWCA Civ 1819 (road traffic, pedestrian, foreseeability, standard of care, causation and contributory negligence).
Barr v Coventry and Solihull Waste Disposal Co Ltd and Mitsui Babcock Energy Ltd 2002 EWCA Civ 863 (apportionment of liability for injuries sustained by employee working on another’s premises over which employer had no control).
Shakoor v Situ 2000 2 A.E.R. 181 (negligence - practitioner of alternative medicine).
McCauley v Vine 1999 1 W.L.R. 1977 C.A. (Order 14 summary judgment in road traffic accident after conviction for due care).
Whybro –v- Seymour 1998 P.I.Q.R. 130 C.A. (striking out).
Heer –v- Tutton & Others 1995 1 W.L.R. 1336 C.A. (County Court Order 17 rule 11).
Testimonials
"Douglas Herbert handles a heavy PI caseload, and tackles a number of catastrophic injury matters. He has also recently been advising on claims involving the Animals Act 1971."
"Douglas Herbert receives plaudits from all quarters for his strong personal injury practice."
