About Andrew Ritchie QC
Fellow of Magdalene College Cambridge
Head of Chambers : 9 Gough Square
Managing Director of PICARBS the Personal Injury Claims Arbitration Service.
Legal Practice: Personal injury, clinical negligence & professional negligence. Special interest in hypoxia at birth, failure to diagnose, traumatic brain injury, spinal injury, fatal accidents, road traffic insurance law and Motor Insurers Bureau cases.
Examples of Cases:
Personal Injury: Brain damage claims:
X v Y  approved by Eady J Representing a 16 year old man who suffered sever brain damage in a road traffic accident. Liability admitted, quantum settled at £2.2 million lump sum plus PPOS of £71,000 pa increasing by RPI. Privacy order
Habtu v Mckenzie & MIB  The Claimant who Andrew represented was injured in a road traffic accident by an uninsured driver. He suffered severe brain injuries, hip fractures and needed constant care and support with a case manager. Case settled for £1 million plus periodical payments of £72,500 per annum for life.
Morby v Richards  Birmingham District Registry. For the successful Claimant. £1,012,000 in damages for the Claimant who suffered a severe brain injury in a road traffic accident.
Russell v Smith  QBD; HH Judge Rich QC. 30/7/2003 Lawtel, For the Claimant. Liability trial. Child claimant with brain injury after road traffic accident on bike, contributory negligence. MIB claims: Ademneskell v Bryan and MIB  The claimant was a pedestrian knocked down by an uninsured driver on an off road style trail bike. The MIB defended on the basis that as a matter of interpretation of the Road Traffic Act 1988 no insurance was required for off road trail bike. Hence they were not liable to compensate. Complicated European Law aspects and interpretation of statute. Case of general public importance. Case settled after the Secretary of Sate was joined to the action and the expert evidence was served.
Carswell v Sec of State & MIB  EWHC 3230 (QB) representing a widow asserting that the Untraced Drivers Agreement 2003 was drafted in breach of European Law because it fails to provide adequately for the claimants legal costs. X v MIB  representing brain injured child. Settled for £1.3 million plus PPOS of £32,000 rising to £70,000 for care and case management.
Phillips v Rafiq and Motor Insurers Bureau  EWCA Civ 74, Times, February 21, 2007. Fatal accident claim, interpretation of the Uninsured Drivers Agreement 1999 – representing the successful widow of the deceased could claim damages from the MIB despite her husband knowing that the driver was uninsured.
Vadji v Markerstudy  Representing one legged man who worked as a bus driver who lost his other leg in a road traffi accident. Recovering £1,300,000 in damages.
Streets v Esso  QBD Lawtel, £315,000 award for widow of mesothelioma victim.
Purdue v Port Line  QBD, Master Whitaker, living Mesothelioma sufferer, summary judgment obtained against “bluewater” shipowners, on the basis that they had land based shipwrights. Date of knowledge 1955 of dangers from asbestos.
Multiple Injuries claims:
Morjaria v Samwell  Mediated settlement. Representing successful Claimant, Damages £2 million, for a Cambridge student who was run over by a lorry. Loss of career in investment banking.
Corr v IBC  UKHL 13, representing the successful Claimant in her Fatal Accident Act claim arising from the suicide of her husband caused by the Defendant’s negligence 6 years earlier. Employers liability, kind of harm, forseeability and causation.
Corr v IBC  EWCA civ 331, 3WLR 395; For the successful Claimant, industrial accident causing severed ear leading to depression and 6 years later suicide. Causation, remoteness and forseeability in PI cases. Judgment for the C in the C/A. Value £633,000.
Horch v Thames Trains  QBD; for the successful Claimant. Damages £1.5 million. Horrific burns & PTSD sustained in the Paddington Rail crash. Smee v Adaye  March, QBD, HHJ Steele sitting as deputy, Kemp B2-011/1 & confirmed C.A 19.04.2000 Lawtel C7400040. For the Claimant, award £1.1 million, RTA, hip and leg injury, pension loss and future risk of retirement.
Product liability claims:
Thomas v Merck Sharpe & Dohme, 1.12.2008, HHJ O'Brien, representing the Claimant who suffered ulcerative colitis whilst taking part in a drugs trial of Rofecoxib a Vioxx derivative. First successful judgment for Claimants on this drug.
Road Traffic Act claims:
Miller v QBE  EWHC 1529; Statutory interpretation of the Road Traffic Act 1988 S.145 – the Claimant police officer was not an employee of the insured hence able to claim compensation from the insurer under S.151 for his serious injuries when a criminal ran him down in a police car.
Clough v First Choice  EWCA Civ 15, PIQR P22, for the Claimant, young man made paraplegic after swimming pool accident abroad. sustained during an accident at work.
Spinal Injury claims:
Oldham v Robinson  Settlement 9/8/2004. Lawtel. For the claimant, a 33-year-old man, who received £935,000 for the spinal injuries sustained in a road traffic accident in November 1998. Paraplegia and had no movement or feeling in his legs and no control over his bowel or bladder. Much reduced life expectancy.
Employers liability claims:
Wallis v Balfour Beatty  EWCA Civ 72; Employers liability, breach of Workplace Regulations, causation. For the Claimant.
Stiles v Thames Trains  QBD, Master Whittaker, settlement. For the Claimant. Recovering £750,000 for a victim of the Paddington Train Disaster who suffered severe burns and PTSD.
Wells v Watford NHS Trust  April QBD, Lawtel L.R., N. Baker Q.C. sitting as deputy, Lawtel C7400041 For the Claimant. Liability trial, manual handling in the delivery suite in NHS hospitals, finding MHOR applies to delivery suites.
The needlestick doctor  August, settled. For Claimant, PTSD, phobia of needles after needlestick injury. Loss of career. Settled for £450,000.
Various v Tesco  QBD, settled. For Claimants, 40+ RSI cases against Tesco for checkout cashiers. Lead cases packaged for trial in High Court then all settled.
Civil Procedure claims:
Bajwa v British Airways Plc  EWCA Civ 1519: Costs :Calderbank Offers. The value of an offer for the purpose of costs under CPR 44 is the balance between the sum offered less the value of deducted benefits. The CA will only interfere with a judge's discretion to order costs if he is plainly wrong or has erred in principle.
Cerebral palsy claims:
W v South Yorkshire HA  Sheffield, acting for a child who suffered athetoid cerebral palsy due to negligence intubation during resuscitation after birth. Approved award: £2 million plus PPOS of £112,400 pa for life. Morris v Gwent Healthcare NHS Trust  Cardiff D.R. Lawtel, Hypoxia at birth, cerebral palsy, settlement, Lump Sum value £3 million, periodical payments for lost earnings £15,000 pa to age 70, stepped periodical payments for care £70,000 pa for life (index linked to the ASHE).
Raichura v Leicestershire H.A.  Lawtel, Leicestershire District Registry (HHJ Hall QC). The claimant, a 23-year-old man, received a "bottom up settlement" or periodic payments settlement (with an old style lump sum value of £2,920,000) for the severe hypoxic-ischaemic brain damage sustained during his birth in November 1979. Cerebral palsy and tetraplegia, severe cognitive impairment, wholly dependent on others for his care and daily needs.
Failure to diagnose claims:
Potter v South Tees Hospitals NHST  Representing the claimant who suffered septicaemia due to negligent lack of prophylactic antibiotics during a kidney operation. Liability eventually conceded and damages settled at £1 million.
Lanham v Mid Essex NHST & others  Representing a 42 years old man who suffered a stroke due to negligent failure to treat TIAs (transient ischemic events). Settled for £1 million.
Deneven v Leeds Hospitals  Leeds DR, Representing child blinded by the hospital’s failure to treat eye infection after birth. Approved award £1,000,000.
Kemp & Kemp on the Quantum of Damages, Editor of 8 chapters, 2004 and continuing, Sweet & Maxwell.
Kemp & Kemp, Law Practice and Procedure, General Editor, 2005 – 2009, Sweet & Maxwell.
Clinical Negligence claims; Co-editor, 9 Gough Square, 2nd edition
Guide to RTA Liability (2012) General editor, Jordans, 2nd edition
Lexis Nexis PSL Editor of the Clinical Negligence Section.
Manual Handling Claims, 2008, Author, 9 Gough Square
Asbestos Claims, Contributing editor, 9 Gough Square, (2nd Ed)
The Journal of Personal Injury Law, 2000, 2001, 2002, General Editor, Sweet & Maxwell.
MIB Claims, Author Jordans, 4th Ed 2016
The Professional Negligence and Liability Reports, Co-Editor, 1996-1999, Sweet & Maxwell
Medical Evidence in Whiplash Cases General editor, Sweet & Maxwell, 1996
Chambers and Partners: winner Personal Injury and Clinical Negligence Silk of the year 2015/2016
Legal 500:winner: Personal Injury and Clinical Negligence Silk of the year 2014/2015
Winner: personal Injury barrister of the year 2008 (Proclaim/Eclipse/Barker brooks awards)
Chambers & Partners guide: In Silk 2012 edition: Possessed of "one of the sharpest minds around," the "astute and straight-talking" … "can really drill down and extract the relevant detail in any matter." He has a "forensic yet innovative appreciation of the strengths and weaknesses of personal injury claims," 2010 edition: "An extremely astute barrister of undoubtedly high calibre" he "offers a guarantee of excellence." As a junior 2008 edition: Nominated again as PI junior of the year. “An extremely knowledgeable advocate who gains a recognition for his incredible grasp of detail and his ability to make something complex seem straight forward. As general editor or Kemp LPP he is renowned expert in the field” 2007 edition: Nominated as PI junior of the year. 2006 edition: “tough yet friendly” and “one of the best on his feet” he is described as being “incredibly straight” and “someone you know where you stand with.” 2005 edition: “Leading junior”, and “has a flair for motor-related work. Admirers pointed to his “good since of humour” and “ability to push at the edges and examine all the angles of a case.” The Legal 500 guide: In Silk: 2010 edition: is ‘devastatingly clever’, ‘fearless and brilliant’. As a junior: 2008 edition: “The set’s juniors tap ‘”deep reservoirs of knowledge’. Chief among them is Andrew Ritchie, who has outstanding technical knowledge allied to ‘ tough forensic skills’ and a ‘ personable and decisive’ approach.” 2007 edition: “He is tenacious, meticulous and understated, ... simply he is extraordinarily good all round."
Professional Organisations: Ex Chairman of the Personal Injury Bar Association 2014-2016; Member of the Professional Negligence Bar Association. Fellow of the Association of Personal Injury Lawyers. Public & Committee Work: • South Eastern Circuit representative on the Executive Committee of the Personal Injuries Bar Association [PIBA] 2005-2007 and elected EC member 2008 onwards. • The Legal Service Committee Appeal panel 1999 – 2002 [LSC]. • 1996-1999 elected to the Executive Committee of the Association of Personal Injury Lawyers [APIL]. • 2010 gave evidence to the Judicial Committee of the House of Commons on the Civil Law Reform Bill 2010 (on Fatal Accidents).