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Ropewalk - Law firm

Jack McCracken

Call: 2012

Jack joined Ropewalk in October 2014 after successfully completing his pupillage under the supervision of Andrew McNamara.

He practises mainly in personal injury, industrial disease, commercial, and property matters. He is also instructed regularly in Chambers’ other practice areas.

Outside of work Jack has a number of interests including Sunday league football and travel.

Personal Injury

Jack is regularly instructed by both Claimants and Defendants in the full range of personal injury matters. He has conducted trials in the County Court at Fast and Multi Track levels.

His advocacy and paperwork practice encompasses road traffic accidents, employer’s liability, public liability, Highways Act claims, product liability, injuries arising from defective premises, holiday claims under the Package Travel Regulations including holiday sickness claims, and claims arising from negligent beauty therapy.

Jack has a particular interest in personal injury claims arising from accidents on public highways. He appeared for the Defendant, Dudley Metropolitan Borough Council, at both first instance and on appeal in the case of Rollinson v Dudley MBC [2016] R.T.R. 19 [2016] P.I.Q.R. [2015] EWHC 3330 (QB), where Dudley MBC successfully argued that the duty under s.41 Highways Act 1980 did not extent to removing moss from highways.

He has also represented two claimants in a Multi Track case involving injury caused by a public nuisance on the highway when bricks fell from an aqueduct spanning a road.

Jack is happy to consider instructions in any personal injury matter on a conditional fee agreement basis.

Disease

Industrial disease cases form a significant proportion of Jack’s work.

Noise Induced Hearing Loss

He has conducted trials in noise-induced hearing loss (NIHL) claims in the Fast Track and Multi Track. He regularly advises both Claimants and Defendants on issues relating to medical causation, de minimis hearing loss, acoustic engineering evidence, limitation and quantum. Examples of recent noise cases include:

  • Successfully representing a defendant in a trial in which oral expert medical evidence was given for both parties on the issue of whether a loss at 4 kHz alone amounted to an actionable injury
  • Representing the defendant in a case involving the question of whether exposure to noise below 85 dB(A) Lepd should be taken into account when calculating the noise immission level (i.e. whether Note 7 of CLB 2000 should continue to apply).

Other Industrial Diseases Claims

Jack has experience of claims for upper limb disorders (HAVS, VWF and CTS), asbestos-related illnesses, lead poisoning, occupational asthma, and bladder cancer linked to dyes in the metal industry. Recent cases include:

  • Representing the claimant in a posthumous asbestosis claim involving issues of limitation and causation – particularly an issue about whether histology collected at post-mortem satisfied the diagnostic requirements of the guidance in ‘Pathology of Asbestosis – An Update of the Diagnostic Criteria: Report of the Asbestosis Committee of the College of American Pathologists and Pulmonary Pathology Society’;
  • Representing the Claimant in a silicosis claim;
  • Representing the Defendant at a limitation trial in a VWF claim.

Data Protection & Information

Jack has a growing data protection practice. He has provided advice to both Claimants and Defendants on issues of liability and quantum in claims for data breaches (accidental disclosure to third parties) in respect of sensitive personal information (medical information and criminal convictions) under the Data Protection Act 1998 and the Human Rights Act 1998. He has particular experience of claims against local authorities.

Inquests

Jack has experience of appearing on behalf of Interested Persons at both pre-inquest reviews and Inquests. He has represented the interests of liability insurers in inquests involving deaths caused by road traffic collisions.

He has also appeared at multi-day Inquests dealing with amongst other things a death relating to a secure psychiatric unit and a death in residential care.

Commercial Dispute Resolution

Jack has experience of a wide range of commercial matters including debt claims, contractual disputes, partnership disputes, claims relating to wrongful interference with goods and sale of goods issues.

He has appeared in trials at Fast and Small Claims Track levels in cases involving disputes between businesses.

Costs & Litigation Funding

Jack is a member of Chambers’ active costs team and practises in this area. He is regularly instructed to represent Claimants and Defendants in Cost and Case Management Hearings (CCMC’s) to deal with cost budgeting.

He appeared at first instance for the Defendant in the case of Mills v Farmfoods Distribution Ltd (2015), which dealt with the question of whether an application for pre-action disclosure fell within the fixed costs regime in CPR 45 Section IIIA as an ‘interim application’.

In a more recent case he represented the Defendant at a hearing which dealt with the question of whether a defendant is entitled to fixed costs upon late acceptance of a Part 36 offer by the Claimant in a case to which CPR 45 Section IIIA applies or to costs assessed on the standard basis i.e. the correct basis of assessment under CPR 36.20(4)(b) and 36.20(12).

Employment

Jack has appeared in the Employment Tribunal on behalf of Claimants on instructions from the Free Representation Unit (FRU) and the Bar Pro Bono Unit (BPBU).

He has represented clients in unfair dismissal cases where they faced allegations of gross misconduct and incompetence. He also has experience of victimisation claims and seeking damages for injury to feelings.

He is looking to expand his employment practice and will consider instructions on damages based agreements in appropriate circumstances.

Housing

Jack often appears for both landlords and tenants in possession claims in the County Court. This includes claims for possession of property let under Assured Shorthold Tenancies. He has experience of dealing with public law and the Human Rights Act issues in respect of possession claims brought by registered social landlords.

He also has experience of drafting proceedings for injunctive relief restraining breaches of licence agreements and secure tenancies relating to the use of local authority housing stock.

Motor

Jack regularly acts in motor related claims. He has experience of dealing with issues relating to claims against the Motor Insurers Bureau, and motor insurance policies under the Road Traffic Act 1988. He regularly drafts statements of case and advises on cases where fraud is alleged.

Credit Hire

Jack regularly acts in credit hire claims for both Claimants and Defendants. He has dealt with issues relating to the enforceability of hire agreements (including points relating to the Consumer Credit Act 1974), impecuniosity, mitigation and basic hire rate evidence.

Animals & Equine

Jack’s experience includes advocacy and drafting pleadings in a wide variety of claims at common law and under the Animals Act 1971.

He has acted in cases involving the escape of livestock, accidents at riding schools and dog bite claims in both public and domestic settings.

 

Education

  • BA History (First Class), University of Durham
  • Graduate LLB, Nottingham Trent University

Notable Cases

  • Rollinson v Dudley MBC [2016] R.T.R. 19 [2016] P.I.Q.R. [2015] EWHC 3330 (QB)

For further information please contact our clerks on:

+44 (0) 115 947 2581

Location:

Postal address:
Ropewalk Chambers
24, The Ropewalk,
Nottingham, NG1 5EF.

Telephone: +44 (0) 115 947 2581

Fax: +44 (0) 115 947 6532

Document Exchange:
DX: 10060 Nottingham 17

Email: clerks@ropewalk.co.uk

Opening hours: 8:00am to 6:00pm

Out of hours:
Tony Hill – 07850 086097
Alan Odiam – 07771 603929

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