"Phil Davy is an incredible advocate - he's courageous and very good on his feet."
Chambers & Partners
Philip has a general civil law practice, with particular experience in personal injury, industrial disease (NIHL/HAVS) and abuse cases.
Educated at Nottingham High School and then the University of Sheffield, Philip was a Wolfson and Hardwicke scholar of Lincoln’s Inn. He completed his pupillage in October 2011 and has been at Ropewalk Chambers since then.
Away from the Bar his family keeps him occupied, but he also enjoys sport and motoring (as well as working hard to preserve his status as – allegedly – one of the ‘hottest’ male barristers in the Regions, according to a certain website).
Philip has appeared at all levels of court in abuse cases, including most recently in the Supreme Court in Armes v Nottinghamshire County Council  UKSC 60, a landmark decision in which the scope of vicarious liability was extended so as to make local authorities liable, even without fault on the authority’s part, for abuse perpetrated by foster parents upon foster children in the home, despite foster parents not in fact being employees of the local authority.
He is as comfortable with single-claimant claims as he is with group actions. He is available at short notice for drafting and advisory work. He appreciates the need in such cases for a forensic and methodical approach, as well as for tact and empathy given both the serious nature of the allegations being made in this area of work, as well as the potentially serious and long-lasting consequences abuse can have.
Instructions are accepted from Claimants and Defendants alike. On behalf of Claimants, Philip is happy to accept instructions on a CFA basis if the prospects of success are sufficient.
Personal injury forms by far the largest part of Philip’s advocacy and paperwork practices. He maintains a fairly equal split between Claimant and Defendant work and is experienced in Fast and Multi Track claims, including on appeal.
His current caseload includes advocacy and drafting in road traffic accidents, accidents at work, Highways Act cases, occupiers’ liability, defective premises and product liability.
He has particular experience of cases involving limitation and complicated issues of causation. He is regularly instructed on CICA appeals.
He has acted in several multi-day inquests, including those where his own client also has one eye on bringing, or potentially having to defend, subsequent civil proceedings.
He is more than happy to consider instructions on a CFA basis, and will act on that basis where the merits of a particular case permit.
Philip has considerable experience dealing with trials and interim applications in disease cases, for Claimants and Defendants alike, on both the Fast- and Multi-Tracks. He routinely appears against significantly more senior opponents.
He is always available at short notice to draft pleadings (and where particularly urgent, he can turnaround papers often within 24 hours). He is also available to attend conferences with clients/experts in disease cases.
There has recently been a meteoric rise in the number of noise-induced hearing loss (NIHL) cases, which represents about 80% of Philip’s disease practice, but his caseload also includes HAVS, dermatitis, upper limb disorders, occupational asthma and other respiratory conditions.
Where limitation is being dealt with as a preliminary issue, Philip is happy to advise and to act at the limitation trial. He has a 100% success rate acting for Defendants at limitation trials.
A large amount of Philip’s time in court is spent on motor cases, whether for Claimant or Defendant. He is well aware of the intricacies of such cases, whilst being alive to the fact that most Judges, particularly District Judges, are busy and do not particularly want to listen to witnesses being asked the same question, repeatedly, but in slightly different terms.
Philip is also very familiar with ‘low-velocity impact’ (LVI) cases and those where personal injury claims are presented long after the event.
He appears in Fast and Multi Track trials in motor cases, at least once a week and usually even more frequently.
Philip has acted in many credit hire cases with values of up to £100,000, including on appeal. He has appeared successfully for Claimants seeking to pursue often high-value claims, as well as for Defendants seeking to minimise their exposure in such cases.
Philip is frequently instructed by Defendant insurers in cases arising out of (alleged) accidents where dishonesty/fraud is raised. He is, likewise, often trusted by Claimants to represent their interests in such cases.
He has successfully obtained findings of ‘fundamental dishonesty’ for Defendants in several claims for damages arising out of (alleged) accidents, both in a motoring context as well as in public- and employers’-liability claims.
Likewise, he has successfully resisted findings of fundamental dishonesty on behalf of Claimants accused of the same in motor claims.
Philip has acted for both Claimants and Defendants in cases involving injuries caused by both domestic animals and livestock. He is familiar with the Animals Act 1971 and the particular breed of liability with arises under that Act.
He is available at short notice for drafting and advisory work, as well as representation at trial or at interim hearings.
Philip has appeared at numerous inquests for all sorts of interested parties. He appreciates the need at such hearings to adopt a tactful and sympathetic approach, whilst still being prepared to ask the difficult questions which often arise.
Philip’s current caseload includes several claims arising out of (allegedly) negligent cosmetic surgery, botched beauty treatments, dental treatment and delayed diagnosis (or misdiagnosis) of serious medical conditions.
He appreciates the need in such cases for a tactful and sympathetic approach.
Philip is familiar with cases involving multiple sets of expert witnesses and recognises the need for early identification (and, where possible, the narrowing) of the significant issues in such cases.
Philip regularly attends CCMC’s and oral hearings following provisional assessments of costs for both paying and receiving parties.
In addition, he has particular experience of arguments in favour and against QOCS (qualified one-way costs shifting) being disapplied.
He has successfully resisted, on behalf of a Claimant, an attempt by a Defendant to have a Notice of Discontinuance set aside with the sole purpose that the Claimant’s claim could then be ‘struck out’ by the Court in order that the Defendant could then claim costs (despite no suggestion having been made during the lifetime of the Claimant’s claim that it was susceptible to strike-out or tainted in any way by dishonesty). The Defendant’s application was dismissed and the Claimant’s discontinuance was allowed to stand, with no costs liability on her part as a result of QUOCS.
On behalf of Defendants, Philip has also successfully made several applications to have QOCS disapplied on the basis of fundamental dishonesty.
Philip has successfully argued cases arising out of negligence on the part of solicitors (whether in their handling of personal injury matters, or non-PI work including conveyancing), as well as non-lawyers (including social workers). He is keen to continue building his practice in this area.
Philip deals with cases on all tracks. He has recently been involved in claims concerning spillages and leaks causing property damage, nuisance, trespass and the Party Walls Act
“Phil Davy is an incredible advocate – he’s courageous and very good on his feet.” “He understands the clients’ concerns and issues and he always goes the extra mile to get the right result.”
Chambers & Partners 2019 – Personal injury
“A personal injury junior whose practice has a particular emphasis on abuse cases representing both Claimants and Defendants. He is no stranger to high-value litigation.” “Very approachable and in court vigorously defends his client’s position.” “He has impressed us with his pragmatism and commercial approach.” “He has a keen eye for detail.”
Chambers & Partners 2017 – Personal injury
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