Philip Davy

Call: 2009

"Phil Davy is an incredible advocate - he's courageous and very good on his feet."

Chambers & Partners
Philip Davy

Philip specialises in personal injury work. 

His caseload has an equal claimant/defendant split and predominantly involves high-end Fast Track and Multi Track work.

All types of PI work undertaken, including:

  • Accidents at work
  • Public liability claims
  • Industrial disease (noise, vibration, asbestos etc)
  • Clinical negligence
  • Catastrophic and life-changing injuries
  • Inquests
  • Abuse claims (historic sexual and physical abuse)

Philip is available to conduct remote hearings, as well as being able to travel nationally.

In addition to his courtroom practice, he is regularly instructed on JSMs, CCMCs and drafting of pleadings.

He has succeeded at all levels (up to the Supreme Court) and was successful when appearing in the Court of Appeal without a leader.

Abuse

Philip has appeared at all levels of court in abuse cases, including most recently in the Supreme Court in Armes v Nottinghamshire County Council [2017] 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

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.

Disease

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.

Motor

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.

Credit Hire

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.

Counter Fraud

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.

Animals & Equine

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.

Inquests

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.

Clinical Negligence

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.

Costs & Litigation Funding

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.

Professional Negligence

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.

Property & Real Estate

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

Data Protection & Information

Philip has experience of dealing with, and defending against, claims relating to the DPA, GDPR and other associated causes of action.

This is an area of law in which the workload is likely to increase, as lawyers explore areas not subject to restrictive fixed costs regimes, combined with clients becoming increasingly aware of the availability of such claims.

The existence of a new and highly prescriptive statutory regime governing ‘data’ and the rights of individuals, is also likely to encourage claims of this sort.

Philip’s recent caseload includes acting for a local authority in relation to inadvertent disclosure of personal data as well as acting in claims against financial institutions, local authorities and clubs/societies.

Data claims are often low in financial value but are relatively complex and this gives rise to further disputes when it comes to costs in such cases.

Philip is happy to discuss your needs before embarking upon any data-related work and the available means of funding this work.

Memberships

  • Personal Injuries Bar Association

Education

  • Nottingham High School
  • University of Sheffield (Law LLB)
  • Wolfson and Hardwicke scholar of Lincoln’s Inn
  • Pupillage October 2010-2011 at Ropewalk Chambers

Notable Cases

  • SKX v Manchester City Council [2021] EWHC 782 (QB). For more on this case, please click here.
  • (1) Worthington (2) Parkin v Metropolitan Housing Trust Ltd [2018] EWCA Civ 1125. For more on this case, please click here.
  • Armes v Nottinghamshire County Council [2017] UKSC 60. For more on this case, please click here.

Recommendations

"He is approachable and a team player and he is very knowledgeable and experienced in the field of personal injury law and particularly in cases involving abuse."

Legal 500 2022 - Personal injury

"He is very easy to deal with and is very good with clients. Excellent both in court and on paper."

Chambers & Partners 2021 - Personal injury

“Approachable and very capable, always provides a good service.”

Legal 500 2021 - Personal injury

"Excellent on abuse cases - he has a strong knowledge of the law and relevant procedure."

Chambers & Partners 2020 - Personal injury

"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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