Barrister Tim Meakin

Tim Meakin

Year of call: 1989  

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“A very good advocate and a ferocious opponent.”

Chambers and Partners 2018

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Overview


Tim Meakin is a leading barrister who specialises in Clinical Negligence and Personal Injury matters. He has a particular interest in Sports Law cases and has represented many sports people and sporting bodies. He has contributed to leading publications in his specialist fields of practice, in addition to providing seminars for solicitors and other organisations on selected topics. He also sat for five years as a part time Tribunal Judge for the Criminal Injuries Compensation Tribunal. His specialism and expertise is recognised within the Legal 500 and Chambers & Partners’ rankings.

Clinical Negligence

Clinical Negligence


Tim’s experience in clinical negligence and healthcare work is extensive, both in advice, arbitrations, and representation at trial. He routinely advises and represents claimants and healthcare organisations on maximum severity injury claims with associated high level awards. His recent case law history demonstrates his experience in dealing with high value claims. This area of work includes:

  • Neonatal and perinatal injuries (in particular cerebral palsy, Erb’s Palsy, paraplegia and quadriplegia) and wrongful birth claims.
  • Neurology, including adverse outcomes of neuro-surgery, brain injury, cauda equina, CNS injury.
  • Obstetrics, gynaecology and fetal medicine.
  • General surgery-including bowel, intestinal and related complications arising from surgery.
  • Orthopaedics, including foot, ankle, knee injuries, upper limb and spinal injuries.
  • General Practice, negligence arising from delayed referral and late diagnosis of complex conditions.
  • Oncology, including all aspects of breach of duty and causation of injury caused by late diagnosis of serious oncological conditions.
  • Claims based on associated sub-specialisms including cardiology, renal/hepatic pathology, psychiatry, and consent to treatment issues.
  • Fatal Accident Act claims based on the above, including representation at Inquests.

Tim has a special interest in birth related injuries and associated severe brain injury cases. He acts for both claimants and defendant organisations. The value of the claims settled or obtained at judgment is in the region of £250,000 to £16.25 million.

Memberships


  • Professional Negligence Bar Association
  • Personal Injury Bar Association

Inquest & Judicial Review Disciplinary Tribunals

Inquest & Judicial Review


Tim is experienced in advising and representing a wide range of individuals and organisations at Coroner’s Inquests, (including Article 2 Inquests) relating to deaths caused generally by the adverse outcomes of medical care and management. In particular in the healthcare sector Tim has represented families, individuals and healthcare clinicians through the early stage of the inquest process up to and including the coroner’s inquest. Tim has particular experience on neonatal deaths and deaths arising from psychiatric care.

 

Disciplinary Tribunals


Tim accepts instructions to advise and represent clinicians at diverse tribunals and in particular has experience of representing medical practitioners at the General Medical Council.

 

Clinical Negligence Cases


  • R v Northampton General Hospital NHS Trust [2018] Cerebral palsy resulting from mismanagement of claimant’s delivery. Liability apportionment approved Lambert J.
  • P v Mr. W [2018] Alleged negligent mismanagement of bladder surgery resulting in severe permanent urological complications. Settled at £137,000.
  • K v York Teaching Hospitals NHS Trust [2018] Negligent treatment of ankle fracture leading to chronic pain and permanent severe lower limb disability. Settled at £300,000.
  • A v Mid Yorkshire NHS Trust [2017] Cerebral palsy through negligent neonatal management. Quantum settlement on PPO and lump sum basis of £2.45m and £185,000 pa for life.
  • W v Leeds and York Partnership NHS Foundation Trust [2017] Leeds County Court. Trial – settlement – suicide following alleged negligent treatment of mental health patient.
  • S v Bradford Teaching Hospitals NHS Trust [2017] Trial – Leeds County Court – HHJ Saffman negligent obstetric management – stillbirth – psychiatric injury.
  • L v University Hospital Coventry NHS Trust [2017] Settlement of claim relating to late diagnosis of lung cancer £315,000.
  • S v Doncaster Hospitals NHS Foundation Trust [2017] Complications from appendicitis leading to intractable infection and stoma formation. Severe level of permanent disability. Settled at arbitration £1m.
  • H v Hampshire Hospitals NHS Trust [2017] Negligent treatment of cardiac condition resulting in graft infection and leg amputation. Provisional damages awarded £650,000.
  • R v Kremer [2015] HHJ Saffman, Leeds County Court. Trial on allegations of negligently performed gynaecological procedures resulting in serious personal injury to the claimant.
  • R v Ackerley [2013] UK PC 26 Appeal before the Privy Council. Issues of capacity and intent of a defendant who suffered from autism. Instructions were based on Tim’s medico-legal specialism in autism (including Asperger’s Syndrome).
  • D D v Tees, Esk & Wear Valleys Foundation Trust (2013): High Court settlement. Fatal Accidents Act claim based on death of deceased with history of mental health problems. Assessment of the estate and dependency claim, settled immediately before trial at £900,000.
Personal Injury

Personal Injury


Tim is a specialist in high value death and personal injury claims, in particular as he has regular trial experience, which is invaluable in assessing both litigation risk and the value of claims in general. His expertise is in the following areas, representing both individuals, companies and other organisations. He is noted as a specialist within the Legal 500 and Chambers and Partners.

He has an extensive practice in severe traumatic injury and fatal accident cases and undertakes serious personal injury work from county court to appellate level, on behalf of claimants and defendants. His personal injury practice includes three sub-specialties of claims; first, claims against the Ministry of Defence relating to serious injury incurred in the course of service by military, RAF and naval personnel. Secondly, as part of his specialist sports law practice, serious personal injury and clinical negligence claims incurred by sports personnel. Thirdly, group actions relating to damages for historical abuse against local authorities.

Tim also appears before disciplinary tribunals and at inquests in relation to all such claims.

Severe Traumatic Injury in UK and Europe: Tim has developed an extensive specialist practice in serious personal injury and fatal accident cases, from county court to appellate level, which he undertakes on behalf of both Claimants and Defendants. This area of his practice concentrates on serious trauma in the workplace and public areas (EL/PL). In addition he is regularly instructed on catastrophic traumatic injuries to the brain and spine from industrial accidents, military accidents (to service personnel), and road traffic accidents. Tim’s severe road traffic injury practice incorporates disputes on jurisdiction/forum of a claim, including the judgments regulation regime and applicable law (under the Rome II/Brussels I and II Treaties) in relation to accidents in Europe.

Claims Against the Ministry of Defence: Tim has a long established specialist practice in clinical negligence and personal injury actions against the Ministry of Defence in relation to death or serious injury suffered by members of the armed forces. The particulars of his practice are set out below.

Sport Related Personal Injury: Tim specialises in advising and representing individual sports personnel, clubs and sports governing bodies on high value complex sports related injury, including both on-field injury arising from negligent play, but also the injury caused by the alleged negligence of medical and coaching staff.

Product Liability: Tim advises and represents parties in relation to product liability cases, in particular in relation to medically related defective products and defective foodstuffs.

Immigration Related Damages: Tim advises on a range of issues relating to personal injuries sustained whilst applicants have been unlawfully detained, or removed from the jurisdiction, including severe psychiatric injuries, leading to awards of damages for pain and suffering in addition to exemplary and aggravated damages awards.

Mesothelioma & Asbestos Related Death & Injury: Tim has extensive experience in these types of work-place industrial disease claims, including Fatal Accidents Act and Law Reform (MP) Act 1934 claims, and in particular advising on “lost years” cases for reduced life expectancy.

Memberships


  • Personal Injury Bar Association
  • Lawinsport
  • Motor Accidents Solicitors Society (MASS) – Associate

Abuse Inquests Court Of Protection Claims Involving Military Service Personnel

Abuse


Tim undertakes group actions against local authorities and other organisations relating to historic abuse in care homes and other educational institutions. He has extensive experience of conducting large scale group litigation (100+claimants), for example he has advised and represented claimants in two previous group actions against local authorities, that settled in excess of £1m. Tim also advises on an individual case on both liability and quantum and he regularly obtains significant awards for the victims of child abuse.

Tim is also a published expert on the law of limitation and advises and has represented many individuals at trial on all aspects of the Limitation Act 1980 relating to this type of personal injury action.

Inquests


Tim is experienced in advising and representing parties in relation to coronial law in general. Specifically, he accepts instructions on behalf of a wide range of individuals and organisations at Coroner’s Inquests,(including Article 2 Inquests) particularly in relation to death caused in the workplace, in the course of employment and those persons detained in custody. Overall, Tim represents the interests of diverse interested parties at Inquests and will advise and provide specialist advice at all stages of the coroner’s inquest process.

 

Court Of Protection


Tim regularly advises upon high value litigation that requires the intervention from the Court of Protection. He is able to advise and represent parties, in relation to the management of judgment awards, as part of an overall damages claim, or as a discrete issue in litigation. He is also a specialist in providing advice and representation at trial on issues including mental capacity of claimants to conduct litigation and manage their affairs under the Mental Capacity Act 2005, and with specialist advice on liability and evidence on Court of Protection claims in general.

 

Claims Involving Military Service Personnel


Tim has a long established specialist practice in clinical negligence and personal injury actions against the Ministry of Defence (MOD) in relation to death or serious injury suffered by members of the armed forces. He has conducted many high value claims, both in arbitrations and at trial, for the loss of service career and pension (AFCS/GIP) of members of the armed forces resulting from service related injuries incurred in the UK and around the world, including Iraq and Afghanistan. He has a particular interest in advising and representing special forces personnel, and cases on combat immunity, as well as claims for bullying and freezing and non-freezing cold injuries in the course of service. Tim also advises those service personnel who allege their service related injuries have been settled at undervalue. He also lectures on this specialism for various organisations. A list of recent cases is set out below.

  • ABC v Ministry of Defence [2018] – judgment of issue of anonymity of claimant relating to more than one party. Judgment Foskett J.
  • ABC v Ministry of Defence [2018] settlement of damages claim for serious assaults inflicted on the claimant whilst serving the army. Serious head and psychiatric injuries rendering the claimant a protected party. Substantial damages award ordered to be confidential between the parties.
  • Soldier C v Ministry of Defence [2018]- Settlement at mediation prior to trial of head injury and consequent psychological symptoms to claimant during his service with the army, causing his discharge and loss of army career. Settlement £240,000
  • Solider A v MOD -settlement of injury to servicemen in Canada who suffered a head injury during the maintenance of a British Army tank. Confidential settlement.
  • Soldier F v Ministry of Defence [2017]- settlement at mediation of claim for deafness induced during army service. Permanent deafness and tinnitus caused loss of valuable army career. Settlement £1m.
  • Soldier AP v Ministry of Defence-[2016] member of special forces injured on deployment suffered permanent head injury with neuropsychological symptoms leading to discharge and loss of valuable military career. Settlement £1.2m
  • Soldier S v Ministry of Defence: [2016] Settlement at £750,000 – Secondary victim nervous shock claim for serviceman on deployment leading to discharge and long-term psychiatric symptoms.
  • Soldier R v Ministry of Defence: [2016] Settlement at £300,000 – Serious orthopaedic injury following land-rover accident in Afghanistan.

Personal Injury Cases


  • P v Aviva [2018]- tetraplegia of claimant following RTA. Total care required for rest of life expectancy, and settlement based on a maximum severity injury. Settled at arbitration, £16.25m
  • D v Titan Limited [2018] Issue on liability only, and instructed on behalf of the defendant main contractor- Claimant suffered severe head injuries when a lift car dropped down to the bottom of a lift shaft at this place of work. Case settled immediately before trial.
  • B.V v P.P [2018] Settlement of RTA claim. Claimant struck by a lorry at a junction; issues of contributory negligence and liability. Below knee amputation. Settlement offer of £600,000.
  • H v S Bros [2018] – Claimant suffered serious permanent brain injury when he fell down a defective lift shaft- multiparty litigation of a complex brain injury-allegations of contributory negligence- settlement at £1.65m
  • ABC v Ministry of Defence [2018] – judgment of issue of anonymity of claimant relating to more than one party. Judgment Foskett J.
  • C v Ministry of Defence [2018]- Settlement at mediation prior to trial of head injury and consequent psychological symptoms to claimant during his service with the army, causing his discharge and loss of army career. Settlement £240,000.
  • M v P [2017] High Court District Registry, Leicester HHJ Hampton- claimant suffered severe brain injury in RTA, which resulted in permanent deficits and in need of long-term care. Award £2.7m
  • F v Ministry of Defence [2017]- settlement at mediation of claim for deafness induced during army service. Permanent deafness and tinnitus caused loss of valuable army career. Settlement £1m.
  • E v TB Resort Operations T/A The Belfry [2016] Walsall County Court. HHJ Rawlings- Claimant suffered severe eye injury whilst playing golf. Liability and quantum trial.
  • Soldier AP v Ministry of Defence- member of special forces injured on deployment suffered permanent head injury with neuropsychological symptoms leading to discharge and loss of valuable military career; settlement £1.2m.
  • G v Commercial Car Bodies Ltd [2105] EWCA Civ 47: appeal to the Court of Appeal on the issue of employers’ vicarious liability for workplace serious injury.
  • D v Co-operative Society (2014): Trial, Northampton County Court: HHJ Hampton- RTA with severe facial and orthopaedic injuries-contributory negligence allegations dismissed.
  • R v Ackerley [2013] UK PC 26: Appeal before the Privy Council, relating to issues of capacity and intent of a defendant who suffered from autism-instructions were based on Tim’s medico-legal specialism in autism (including Asperger’s Syndrome).
  • Weddall v Barchester Healthcare Ltd: Wallbank v Wallbank Fox Designs Ltd [2012] EWCA Civ 25: Court of Appeal: leading case relating to the vicarious liability of an employer for the assaults by an employee in the workplace.
  • L v Ministry of Defence (2011): Trial Recorder Potts: judgment for £223,000 for psychiatric injury as a result of bullying and harassment in the work place.
Sports Law

Sports Law


Tim has a specialist interest in sports law, accepting instructions from sportsmen and major sporting bodies on a wide variety of cases, relating to injury, professional negligence and disciplinary matters.

Tim’s practice covers various aspects of sports law, including;

  • specialist personal injury and professional negligence issues, against clubs, medical personnel and physiotherapists/coaches.
  • disciplinary cases, and in particular doping in sport cases.
  • child protection issues.

In particular he accepts instructions from sports personnel and major sporting bodies, (including the Rugby Football League, UK Athletics, Premier League, British Bobsleigh Association and other sports governing bodies) providing both advice and representation in courts and tribunals. He has extensive experience of managing high value injury claims of this type both in advice and representation at trial. He has represented a number of sports personnel on sports-related cases in 2017-2018, including the British Bobsleigh Association at trial in 2018. Tim successfully represented a UK Athletics Coach in a professional negligence action brought by an international athlete. (Davenport v Farrow [2010] EWHC 550). In addition, Tim successfully defended an action at trial brought against British Cycling, which alleged negligence in the management and implementation of a UK Road Race. (B v (1) Brent (2) British Cycling Federation Ltd (2011) HHJ Atkins)

Tim also undertakes a wide range of disciplinary cases and has advised on disciplinary proceedings brought before various sports governing bodies, including the Football Association, the Rugby Football League, British Gymnastics and the British Canoe Union. Tim specialises in anti-doping cases, including representation of athletes and sports personnel before the National Anti-doping Panel (NADP)and the Appeals Panel. Clients include national athletes, rowers ice hockey players charged with multiple doping offences relating to steroid use in sport. Tim also writes and speaks on issues relating to Sports Law and he is a member of Lawinsport, including;

Memberships


  • Law in Sport Association
  • Football Association Registered Lawyer

Regulatory & Disciplinary Personal Injury Professional negligence Health & Safety

Regulatory & Disciplinary


Tim advises and represents sportsmen and sportswomen, in addition to organisations on a wide range of disciplinary, child protection, and regulatory issues. This includes representing clients in complex and challenging proceedings before diverse regulatory bodies, including the F.A, British Canoe Union, N.A.D.P and British Gymnastics. He has also advised on doping in sports issues and he has lectured on current legal issues in rugby union disciplinary proceedings. In an appropriate case he will represent the interests of sports personnel on a pro-bono basis to ensure that appropriate representation is afforded to all those charged with serious disciplinary offences.

Personal Injury


Tim has a wide ranging expertise in personal injury aspects relating to sports law. He represents both individual sportsmen and women on a wide range of injury related claims, including on-field liability for assaults and/or negligence in addition to clinical negligence and coaching negligence claims resulting in injury. He also represents sports governing bodies, both advising and at trial or in arbitration proceedings, including the Rugby Football League, Rugby Union, UK Athletics and the British Cycling Federation on all aspects of sports injury related claims. Particulars of his trial experience and specialism are set out above, demonstrating his experience in managing significant claims in this area of the law.

Professional negligence


Tim has extensive experience of clinical negligence claims, and has previously represented the interests of individual sportsmen and women and clinicians on negligence issues, relating to the alleged negligent treatment by surgeons and doctors. This has includes a wide-range of adverse medical outcomes leading to loss of sporting careers and economic loss. Tim has a detailed specialism on advising on the calculation of damages for the loss of sporting careers.

Tim also advises and represents at trial other sporting individuals and organisations, including coaches and physiotherapists particularly in professional negligence claims. Cases include A v P [2018 ] case relating to an alleged negligent mismanagement of a professional rugby player’s knee injury by a club doctor. In addition, representation of a prominent UK athletics coach on a professional negligence claim (see Davenport v Farrow [2010] EWHC 550) and the British Cycling Federation on its management a major UK sports event which resulted in injury to competitors (see B v (1) Brent (2) British Cycling Federation Ltd [2011] LTL 17.8.11).

Health & Safety


Tim advises upon all aspects of health and safety relating to individual sports personnel and organisations, including the safety of sports stadia, pitches and premises in general in addition to the organisation and safety aspects of sporting events. Tim has a particular specialism in the assessment of damages relating to serious injury caused to both spectators and sporting individuals.

Sports Law Cases


  • Shone v British Bobsleigh Association [2018] Trial- HHJ Parke- injury to member of British Bobsleigh team in practice.
  • UKAD v X [2018] Appeal from NADP on 4 year period of ineligibility relating to national athlete for ingestion of prohibited substances
  • UKAD v X [2018] NADP – allegations of ingesting prohibited substances relating to rowing.
  • West Ham United v X – advice on child protection issues.
  • J v Chelsea FC [2018] -advice on a damages claim for assaults and associated psychiatric injury.
  • E v X Rugby Football Union Club [2018] Case relating to serious head injury sustained in rugby game.
  • A v P [2018] Case relating to alleged negligence management by a premiership rugby doctor of a knee injury.
  • UKAD v S v [2015] -Anti-doping case brought against rugby league player, who tested positive for an exogenous anabolic androgenic steroid, drostanolone. 4 year period of ineligibility.
  • UKAD v W and W [2015]: Anti-doping case brought by UKAD before NADP against two Olympic athletes for doping offences relating to contaminated supplements, which is a leading case on this area of the law under the WADA Code [2015]. Representation of Warburton and securing reduced sanction.
  • UKAD v W [2015]” before the NADP, representing an ice-hockey player charged with multiple doping offences relating to steroid use.
  • Defending a prominent national gymnastics coach at proceedings before British Gymnastics Tribunal on disciplinary charges.
  • B v (1) Brent (2) British Cycling Federation Ltd [2011] LTL 17.8.11: HHJ Atkins, Successfully defended a personal injury action brought against the British Cycling Federation.
  • Davenport v Farrow [2010] EWHC 550: Successfully defended on behalf of UK Athletics a professional negligence claim relating to an international athlete.

How to get in touch


For more information please contact our clerks by calling +44 (0) 20 7242 3555 or by email.

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