7 Harrington Street Chambers

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Mr Fraser Lindsay

Call: 2006

Practice Areas

Civil

Areas of Expertise

Defendant Work

 Trial work including; 

  • Liability Disputes
  • RTA Liability Disputes
  • LVI
  • Causation/ Fraud
  • Quantum (hire claims)
  • Employer’s Liability Claims for NHS
  • Stage 3 both RTA and non RTA.
  • Cost Case Management Hearings
  • Interlocutory hearings, e.g applications to set aside judgements, to amend pleading to raise issues such as fraud.

 Paper work including; 

  • Defences (Liability, Quantum (particularly hire), LVI, Causation, procedural arguments i.e. deficient pleadings, defective service, pleadings raising costs issues such as fundamental dishonesty and fraud).
  • Part 18 Requests, Part 35 questions of experts (particularly where fraud alleged), Schedules of loss etc.
  • Schedules of Loss
  • Advices on Liability and Quantum on paper and in conference.
  • Advising on procedure  

Case Examples;

  • Recently had succes in having a £15,000 hire claim dismissed by reason of the Claimant failing to establish the need for a replacement vehicle at trial.
  • Employer’s liability claims for NHS including patient assault case earlier this year.
  • Recently advised insurer as to quantum in a claim involving 20 claimants following an allegation of carbon monoxide poisoning at work.
  • Represented local authority housing association in a matter where fraud has been expressly raised. It is disputed that the accident occurred as alleged by the Claimant.
  • Acted for large utility company on a final limitation hearing and will represent them at the Claimant’s forthcoming appeal.
  • Provided advice to the public liability insurer of a care home following the death of an elderly lady at the home.
  • Advised a charity in respect of damage caused due to negligent building work at their premises.
  • Recently opposed an application to allow the claimant to rely upon further medical evidence to substantiate a permanent injury and continued/ future loss of earnings.  The matter subsequently settled following the acceptance of the Defendants’ part 36 offer of approximately £6,000

 Training and Seminars on drafting defences for in house solicitors

Staged Mock Trial for Local NHS litigation Authorities – Mr Lindsay along with other members of chambers staged a mock trial which was attended by representatives of five authorities to allow them to see how the trial process works and to understand the evidence. Investigations that are needed to bring claims to a hopeful successful conclusion for the Defendant.

 

Claimant Practice

Road Traffic Litigation

It is within the sphere of road traffic litigation where Mr. Lindsay’s broad appeal to both sides of the litigation fence is most highlighted.

Mr. Lindsay has extensive experience advising and acting for Insurers to identify and pursue allegations of fraud and/or dishonesty, namely Low Velocity Impacts, fraud rings, exaggerated claims etc.

Mr. Lindsay can be trusted to adhere to strict timetables for the production of Defences (of varying complexity), Part 35 Questions to medical and engineering experts and other necessary documentation e.g. Part 18 Requests.

Prior to the finalization of a claim at trial Mr. Lindsay is willing to assist with advising Solicitors and Insurers on strategy, particularly in recent years and the success or likelihood of findings of fraud or fundamental dishonesty.

Mr. Lindsay is experienced in the application and submission of findings of fundamental dishonesty at trial and in subsequent application hearings.

He has for many years acted for Claimants in circumstances where their credibility has come under severe attack by reason of an allegation of fraud and/or LVI and/or causation.

In such scenarios he is trusted by those firms who instruct him to robustly test the reliability of Claimants in conference and is known for his pragmatic approach in advising both clients and Solicitors as to likelihood of success.

He has extensive experience advising multiple Claimants in circumstances where express pleadings of fraud are made.  Further, he is more than capable of analysing vast amounts of data to ensure that Claimants are appropriately prepared and tested prior to trial.


Credit Hire

For many years Mr. Lindsay has enjoyed a balanced practice acting for both Claimants and Defendants in cases involving substantial claims for credit hire.
He is more than familiar with the necessary requirements that credit hire agreements must adhere to ensure that such are found to be enforceable by the Court.
He has advised credit hire providers of deficiencies that exist in their agreements to ensure that such comply with the statutory requirements of the Consumer Credit Act 1974/2006.

In the past year Mr. Lindsay has successfully represented a Defendant Insurer in arguing that a credit hire agreement existing for the benefit of a lease hire company was unenforceable by reason of the fact that the lay client had no contractual liability to pay the charges.

Further he has had recent success in defeating a claim for hire of £15,000 by persuading the Court that the need for a replacement vehicle had not been established.

In recognition of the complexities that can surround this area of law Mr. Lindsay has delivered seminars on recent cases/developments in credit hire litigation, as well as refresher training on those common arguments that one sees in such claims.



Public Liability/Occupiers’ Liability

As part of his Defendant practice Mr. Lindsay has defended claims for Occupiers, including shops, supermarkets, landlords etc., in circumstances where at trial the Court has been persuaded that “reasonable steps” had been taken to prevent injury.

In the past year Mr. Lindsay has represented a Local Authority landlord in a claim where it was alleged that the cleaning and maintenance regime operated in a block of flats was inadequate.

Mr. Lindsay is known, not only for his knowledge of the relevant law, but also his ability to provide pragmatic advice dependent upon the individual details of each case.  As an example earlier this year Mr. Lindsay was asked to advise a Public Liability Insurer as to their potential level of exposure following the death of an elderly lady in a care home.  The issue to be determined pertained to the level of fault by any medical professional, as such was expressly excluded from the policy.

Mr. Lindsay is regularly instructed to represent Claimants in respect of claims emanating from accidents on the public highways.  He is fully familiar with the statutory duties under the Highways Act 1980 and the leading cases in the area.
Aside from ‘straightforward’ tripping cases, Mr. Lindsay is commonly asked to advise in the interpretation of the duties of Local Authorities, particularly the definition of those highways deemed to be “maintainable at public expense.”

He has successfully represented Claimants at trial where the Court has been invited to consider the provisions of the Highways Act 1980 to determine whether a road would fall within the necessary provisions of the Act.

Further, Mr. Lindsay has experience of advising and representing Claimants at trial where the Defence has raised issues based upon the House of Lords decision in McGeown.

By reason of the severe winters facing the UK over the last few years Mr. Lindsay is regularly asked to assist with claims involving accidents on ice and/or snow.  He has successfully represented Claimants against Local Authorities within the North West area by showing that their winter maintenance regimes in place were inadequate.

He has successfully pursued claims alleging breaches of the Occupiers’ Liability Act 1957/1984 against schools, hospitals, restaurants, supermarkets, shopping centres etc.


Landlord and Tenant

Throughout his time dealing with personal injury disputes Mr. Lindsay has acted for both Claimants and Defendants where allegations of breaches of the Defective Premises Act 1972 and the Landlord and Tenant Act 1985 have been made.
For many years he has represented Local authorities and social landlords in claims of disrepair, involving personal injuries and property damage.
He is known for his common sense approach to such claims and is trusted to offer sensible advice to clients.

“Very amenable and approachable barrister who thinks outside the box.  Excellent understanding of social landlord’s obligations, and very good in dealing with claims arising from alleged defective premises.” 

Partner BLM Housing Department



Employers’ Liability

Mr. Lindsay has developed a broad practice in the field of Employers’ Liability claims, dealing with matters of varying complexity for both Claimants and Defendants.  For example, he has recently represented a Claimant in a case involving severe burns caused by reason of both defective work equipment and the lack of personal protective equipment.

He has advised and represented Claimants at trial in cases of industrial disease and occupational health claims, including allegations of repetitive strain injuries.

As an example of his Defendant work in the summer of 2015 he successfully defended a claim brought by a Claimant alleging injuries caused by a service user in a care home.

In the Autumn of 2015 he took part in a mock trial for the benefit of NHS litigation departments within the locality.

Mr. Lindsay has represented local NHS authorities at trial and was recently asked to provide advice on an action by a number of Claimants following an allegation of carbon monoxide exposure at work.



Inquests

Mr. Lindsay has represented interest parties at inquests.  Further, he has attended at such hearings to assist with the preparation of future personal injury claims.

 

Catastrophic Injuries

Mr. Lindsay is frequently requested to take instructions on claims involving seriously injured/ catastrophically injured Claimants.  As a result, Mr. Lindsay is regularly asked to assist with the valuation of complex injuries and the drafting/ calculation of Schedules of Loss and Counter-Schedules of Loss.

Mr. Lindsay has represented clients at joint settlement meetings involving significant financial disputes.

In the past year he has drafted a Schedule of Loss following a road traffic accident, where the Claimant suffered significant life changing injuries.  The case involved significant heads of loss for the recovery of lost earnings, care and assistance and Court of Protection fees.  He further represented the Claimant at conference, alone and as junior, and at the costs/interlocutory hearings.  The financial value of the claim exceeded £1,000.000.

This year Mr. Lindsay represented a Claimant following an injury during the course of his employment, which left him meeting the definition of disabled within the meaning of the Equality Act.  Mr. Lindsay represented the Claimant throughout the course of the case (including the drafting of the Schedule of Loss and Part 35 questions of the expert), through to the Joint Settlement Meeting where a six figure settlement was reached.
 


Other Areas of Practice

Mr. Lindsay has previously advised and represented clients at trial in the following areas;

• Claims involving consideration of the Consumer Protection Act 1987;
• Holiday injuries;
• Nuisance;
• Animals Act (including undertaking seminars in this area)
• By reason of his extensive practice Mr. Lindsay has experience of claims involving allegations of professional negligence against Solicitors.  He has recently represented clients whose claims were under settled by their legal representatives.  In one case such an under settlement failed to take account of a 5 figure claim for future loss of earnings;
• Mr. Lindsay has recently represented a firm of Solicitors in an action for the alleged non-payment of medical agency fees in excess of £200,000


Costs

Mr. Lindsay is frequently trusted by both Claimants and Defendants to undertake cost litigation.

He is regularly asked to attend at Cost Case Management Hearings (including high value matters) and claims where it is alleged that a case has inappropriately exited the Portal.

In the Summer of 2014 Mr. Lindsay provided an article entitled “Counting the Costs of Improper Costs Management” for the Personal Injury Brief Update Law Journal, in which he gave detailed analysis and advice in relation to cost budgeting.

He has successfully pursued and opposed (depending on which side of the litigation fence he has been instructed) applications for the dis-application of Qualified One Way Cost Shifting, particularly where fundamental dishonesty is alleged.  He has successfully pursued such applications for costs for Defendants in road traffic and public liability matters.

 


 

Areas of Practice

Mr. Lindsay was called to the Bar by the Honourable Society of the Middle Temple in 2006 and practices in all areas of Civil Litigation, primarily those involving cases of personal injury.

Mr. Lindsay has extensive experience in a wide field of personal injury matters and is regularly instructed to act for both Claimants and Defendants.

He is renowned for his extremely swift turnaround of paperwork, irrespective of complexity.

He is trusted to offer practical and robust advice in light of the cogency of the evidence and risks of litigation.  Any advice he provides will take into account the wider commercial implications of a case.

He represents Claimants and Defendants at trial on fast track and multi-track matters of significant value, involving liability and/or quantum.

 

Seminars

Mr. Lindsay is able to provide CPD accredited seminars and training in all areas in which he practices.
In the past year he has provided seminars in the following areas;

• Fatal Accidents
• Credit Hire
• Highway Tripping Claims
• Quantum Updates
• Consumer Protection Litigation
• Drafting Defences

 

 Qualifications and Memberships

University of Liverpool Law (LLB)
Manchester Metropolitan University BVC

Member of the Northern Circuit and the Personal Injury Bar Association

 

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