Philip Turton

Year called:

1989

Email:

philipturton@ropewalk.co.uk

Qualifications:

LLB (Hons), University College of Wales, Aberystwyth.

Practice areas:

Personal Injury, Clinical Negligence, Disease, Fraudulent Claims, Regulatory

Philip Turton was called to the Bar in 1989.

He has over 20 years experience of personal injury cases and specialises in high value personal injury actions, clinical negligence claims and industrial disease cases, including Group Actions.

He has been cited as a Leader at the Bar in the field of Personal Injury work for the last 8 years.

Personal Injury

Philip specialises in all aspects of personal injury and clinical negligence work, with over 20 years specialist experience of just about every category of case.

He acts for both Claimants and Defendants, and his practice encompasses all forms of interlocutory and trial work.

He specialises particularly in high value and disease cases and has particular interest in cases involving injuries to the spine.

He has long experience of claims arising from child abuse and in Group Actions.

Child abuse:

• Junior Counsel for the Claimants - North Wales Children’s Homes Litigation (third tranche, appeals arising from abuse at the Bryn Alyn group of homes);
• Junior Counsel for the Claimants - South Wales Children’s Homes Litigation (all claims, 5 groups of homes/local authorities);
• Advised the Claimants in the Dulwich College Preparatory School Claims;
• Junior Counsel for the Claimants - Barnado’s Litigation (North East).

The Bryn Alyn Litigation, above, went to the Court of Appeal twice, initially on issues of liability, limitation and quantum, and subsequently on issues of enforcement pursuant to the Third Party (Rights Against Insurers) Act 1930.

Group Actions/Multi-party litigation:

• Child abuse cases (see above);
• Christie Tyler Litigation, 2009-2010, (Cardiff District Registry) – Hand-arm vibration claims from some 30 Claimants, tried initially in relation to limitation and subsequently as to liability, causation and quantum;
• Europackaging Litigation, 2010 on, (Birmingham District Registry) – Ongoing litigation involving some 56 Claimants alleging noise induced hearing loss attributable to employment.
• Scania Litigation, 2004–2005, (Newcastle District Registry) - multi-party action of over 600 Claimants arising from ergonomic cab design.  Advised and represented five of the Defendants.

He has additional experience in the application of generic directions to actions proceeding outside CPR Part 19, having been expressly involved in the application of generic directions to noise induced hearing loss cases in the South Wales (the “Masterman directions”) and Sheffield areas in the late 1990’s. More recently represented the “Coats Defendants” at the outset of the Nottinghamshire and Derbyshire Industrial Deafness Litigation (when it was determined to proceed by way of test cases rather than as Group litigation).

Clinical Negligence

Philip undertakes all aspects of clinical negligence work, with over 20 years experience of all aspects of such cases.

He acts for both Claimants and Defendants in all forms of interlocutory and trial work.

Disease

Philip is a specialist practitioner of over 20 years experience in industrial disease cases and recognised as a Leader in this field.

He is familiar with all categories and types of industrial disease related work, including but not limited to asbestos related injury, noise induced hearing loss/tinnitus, hand-arm vibration syndrome, dermatitis, respiratory disease, occupationally induced carcinoma and stress related injury.

He has acted extensively for the steel, rail and ship-building industries in relation to Asbestos, NIHL and HAVS claims in particular and for the nursing and related professions in relation to dermatitis and related claims.

He has particular expertise in limitation issues.

Fraudulent Claims

Philip is an expert advisor and advocate in relation to claims involving fraudulent conduct.  A particular strength is his ability to work closely with solicitors and insurers to address and defeat such claims, whether arising entirely from fraudulently behaviour (staged accidents, ghost clams etc), or including a fraudulent element (malingering, unlawful credit hire etc).

He is knowledgeable in relation to investigative techniques and surveillance and their deployment to best effect in litigation.

Regulatory

Philip is very experienced in defending and mitigating health and safety prosecutions, representing clients in prosecutions brought under the Health & Safety at Work Act 1974, Management of Health & Safety at Work Regulations, various incarnations of the Equipment, Construction and Hazardous Substances Regulations, Control of Asbestos Regulations 2006 and the Workplace (Health, Safety and Welfare) Regulations 1992 amongst others.

He recognises particularly the importance of working closely with a lay client to ensure that maximum benefit is obtained from both written and oral advocacy.

Additionally, he undertakes representation before Inquests and Disciplinary Tribunals, including Professional Conduct Committees.

Examples of recent and relevant work:

• 10 day Inquest into a death arising from a scaffolding collapse in Milton Keynes, with the involvement of the HSE as an interested party;
• Prosecution arising from the death of an employee whilst operating a train at a steelworks depot, the accident arising from a defective points and causing a full derailment;
• Large Crown Court prosecution, involving five Defendants, (two multi-national companies), arising from the discovery and clearance of asbestos from a motorway service station;
• Crown Court prosecution arising from a serious degloving injury caused by an unguarded mixer;
• Full contested trial arising from injury to a maintenance engineer undertaking work to a conveyor belt, whose hand became trapped in the unguarded drive gear for the conveyor;
• 3 day Inquest into a death on the railway, when a delivery van left the road, falling onto the track and into the path of an oncoming train;
• Prosecution arising from the death of an employee crushed against the warehouse ceiling whilst operating a warehouse “picker” crane.