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Mr Fraser Lindsay

Call: 2006

 

 ‘He is a very reasoned and balanced thinker, but if instructed to take a different course of action to that which he has advised he will do so with the vigour. He does nothing by half measures.
Ranked: Tier 3
(Legal 500 2021) (Leading Junior Personal Injury) 
“He has a pragmatic and holistic approach to cases” (Legal 500 2020) Ranked Tier 3 Personal Injury Leading Junior

 

“He has a reassuring manner with witnesses” (Legal 500 2018) Ranked Tier 1

Practice Areas

Civil

Catastrophic Injuries

Mr. Lindsay has a wide experience of Claims where injury has been caused in the workplace, public places (to encompass Highways Act and Occupiers’ Act litigation), road traffic collisions etc. and where the claim is of significant value and complexity.  He has an impressive past and present caseload of claims involving catastrophic injuries instructed by both Claimant and Insurer clients.

 

Mr. Lindsay regularly represents both Claimants and Defendants at Joint settlement Meetings.  As recent examples he has acted as follows;

 

  • A (2017): Represented the insurer of a taxi driver who had knocked down and killed a 19-year old Claimant.  The family brought a claim under the Fatal Accidents Act for the loss of the dependent care and financial support provided by the Deceased to her family.  The Claim was pleaded at £200,000 and settled at mediation for £40,000;
  • L (2019): Mr. Lindsay represented an insurer Client in a claim where the Claimant had sustained a traumatic brain injury after being knocked down by a driver who was subsequently prosecuted for dangerous driving. Due to the severity of her brain injury the Claimant sought significant past and future lost earnings from her inability to return to work in the care sector.  Further claims were brought for future care and assistance and provisional damages to encompass future migraine treatment.  The claim was pleaded at £500,000, but settled at the JSM for £150,000;
  • M (2019): Represented a Claimant who suffered significant pelvis and leg injuries following a road traffic accident.  The Claim settled at JSM for £180,000; and
  • C (2020): Represented a Claimant who had sustained a significant injury to his eye that had resulted in a loss of visual field vision and an inability to perform his work as a mechanic.  He had lost his Class 2 licence and could not undertake overtime to test the vehicles on which he worked.  Settled at JSM for £155,000.00.

 

Mr. Lindsay is known for his detailed Schedules of Loss, for both Claimants and Defendants and his meticulous approach to the calculation of both past and future losses.

 

Mr. Lindsay has extensive experience working with experts to ensure the meticulous preparation of cases from Part 35 Questions to trial.

 

Road Traffic Accidents

Mr. Lindsay has a broad practice encompassing both Claimant and Insurer clients.  On behalf of Claimants Mr. Lindsay is known for the careful scrutiny and testing he puts Claimants through.

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 the 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.

On behalf of his Insurer clients Mr. Lindsay has extensive experience defending claims where fraud, low velocity impact or dishonesty are alleged or suspected.  He has successfully secured findings of fundamental dishonesty and the setting aside of QOCS protection to obtain an award of costs for his Insurer clients.

 

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 trial Mr. Lindsay is willing to assist with advising Solicitors and Insurers on strategy, and the success or likelihood of findings of fraud or fundamental dishonesty.

 

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 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

 

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’ and where McGeown Defences are raised.

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

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.

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.

 

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 including claims for bullying, repetitive stress injuries, vibration white finger/HAVS etc.

Mr. Lindsay has represented both workers and employers in wide fields of industry.

 

Landlord and Tenant/Housing

 

In the field of housing Mr. Lindsay has significant experience acting for both Tenants and Landlords on possession proceedings and claims under the Defective Premises Act 1972 and the Landlord and Tenant Act 1985.  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 landlords obligations, and very good in dealing with claims arising from alleged defective premises.”

Partner BLM Housing Department.

 

For Tenants, Mr. Lindsay is often instructed to draft pleadings in cases brought under Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act.  He is knowledgeable on the quantification of general damages in such cases.

Mr. Lindsay has experience of claims for unlawful eviction and the quantification of losses for the same.

 

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 and for breaches of the implied terms of quality under the Sale of Goods/Services and Consumer Rights legislation;
  • Holiday injuries/Package Tour Claims;
  • Nuisance;
  • Animals Act;
  • Pursuing and defending claims for injunctive relief and damages under the Protection of Harassment Act 1997;
  • Professional negligence against Solicitors following under settlement;
  • The pursuit and defence of medical agency fees on behalf of Solicitors; and
  • Trespass to the Person.

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 accepts instructions 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.

 

Training/Seminars/Training

 

Mr. Lindsay has and is willing to provide training and seminars to Solicitors on a wide range of topics.

In the past Mr. Lindsay has provided seminars in the following areas;

 

  • Fatal Accidents;
  • Animals Act
  • Highway Tripping Claims;
  • Credit Hire;
  • Case preparation including the drafting of witness statements; and
  • Consumer Protection Litigation.

 

In the past Mr. Lindsay has assisted in the preparation and conduct of mock trials.  For example, he has taken part in a mock trial for the benefit of NHS litigation departments within the North west to assist them to understand and see the potential issues which arise in a claim of assault by a patient.

Mr. Lindsay further assisted with the preparation and conduct of 2 mock trials, one in Manchester and one in London, for the benefit of local authority, charitable and social landlords in the area of Landlord and Tenant litigation.  The exercise was very useful to inform the participants of the common issues which arise in such cases and how such claims can be defeated/the Defence strengthened.

 

Appointments

Attorney General’s Regional C panel.

 

Education

University of Liverpool

Manchester Metropolitan University BVC

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