Gerwyn Samuel practices in clinical negligence, personal injury and professional negligence and has considerable experience in all types of interlocutory relief including public interest immunity. He was counsel for the claimant in Rastin v British Steel 1994 1 WLR 732 and other appeal cases which dealt with the test for reinstatment following automatic striking out under CCR Order 17 rule 11. He successfully represented a Claimant in a case where the Defendant sought to resile from an admission (Lindsay v Cambridge City Council). More recently he has been involved with cases regarding service of Claim Forms and recently appeared in the Court of Appeal in Cranfield v Bridgegrove 2003 3 All ER 129.
His personal injury practice is extensive. Most of his current cases involve catastrophic injury including severe brain and spinal injury. He was 1st junior counsel in Biesheuvel v Birrell 1999 PIQR Q40. This was a case involving a Dutch student who was rendered a tetraplegic. The case currently holds the record for a personal injury award (£9.2 million). Other recent cases involve a paragplegic claim for £4.25 million in Manchester and a brain injury case where a child of 16 was awarded £800,000 in the Leeds District Registry.
After many years representing the victims of the Staffordshire Railcrash Gerwyn successfully obtained judgement against Railtrack and went onto obtain very high awards for PTSD in the subsequent Quantum trial in addition to indemnity costs orders.
In 2002 Gerwyn successfully represented a motorcyclist who lost control of his motorcyle immediately after passing his test and blamed his instructor for leading him into a bend at too high a speed. This has led to an increase in instructions relating to accidents involving motorcycles.
He is also currently involved in test litigation which is seeks to limit the ambit of the House of Lords decision in Fairchild v Glenhaven Funeral Services in mesothelioma claims.
In addition to complex personal injury cases Gerwyn Samuel also has a significant practice in clinical and dental negligence disputes. He has acted for the children involved in the Bristol Heart Surgery Scandal and many other cases of cerebral palsy. In July 2002 he acted for a Claimant who was awarded in excess of £1 million where the Judge allowed an award for the cost of investment advice (the only known reported case - Parry v North East Wales NHS Trust).
During the past year Gerwyn has been instructed in cases involving the newly developing "best interest" jurisdiction related to medical treatment and has appeared before Dame Butler-Sloss in such cases.
Gerwyn is currently representing the family of Ronald Maddison and other veterans who claim that they were duped into being guinea pigs for Sarin and other Nerve Gas Tests at Porton Down during the 1950's and 1960's at the re-opened inquest.
He is a member of APIL, AVMA, PIBA, & the PNBA.
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Year of Call
1986
Education
MA (Hons) Jurisprudence Holt Scholar, Grays Inn, 1985, Reid Scholar, Grays Inn, 1986
Email Address
g.samuel@doughtystreet.co.uk
Specialist Teams
Gerwyn Samuel is a member of the following specialist law teams:
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