Andrew McLaughlin


Andrew McLaughlin

Call 1993 (Middle Temple)
Qualifications BA (Hons) York
Appointments Junior Counsel to the Crown 2012-2017
Professional Memberships Member of the Personal Injury Bar Association Scholarships Benefactor’s and Blackstone scholarships from Middle Temple

Expertise


Andrew covers a broad spectrum of work which includes dishonest claims for fire and other property damage,  false claims for theft or loss of property,  fraudulent or exaggerated personal injury claims,  fraudulent critical illness, disability and life insurance claims, LVI/phantom passenger claims,  and issues arising in relation to dates of inception, disclosure of facts/information, cooperation etc.

Andrew is sought after widely for his tenacious cross-examination style, his enthusiasm for the work and his ability to deal with substantial complex cases within a rapid time-frame. He understands need for meticulous investigation and consideration of the facts and the early identification of suspicious claims.

Andrew undertakes complex clinical negligence work involving difficult issues surrounding breach of duty and causation primarily on behalf of NHS Trusts in England and Local Health Boards in Wales.

He has had notable success in 2015, including the successful defence at trial of a claim in which it was alleged that there had been a negligent failure of successive A & E doctors in the treatment of a broken upper limb.

Andrew is able to provide detailed, high quality Defences and other paperwork within a rapid time-frame and has seen this aspect of his caseload grow substantially this year.

Recommendations

  • “Andrew provides sound advice and the conviction to follow it through.” Legal 500, Personal injury and clinical negligence (2016)

Andrew’s strong background in the fields of employer’s and public liability work  as well as industrial disease, has provided the perfect springboard to develop a thriving health and safety practice on behalf of defendants who face prosecution by the HSE or local authorities.

Andrew has been instructed by various FTSE 100 companies in connection with the defence of criminal proceedings including Tata Steel UK Ltd, Dairy Crest, Vion Foods, Federal Mogul and is highly regarded by a number of insurers.

Notable successes in recent years include leading the defence of a prosecution against 2 companies and 2 individuals against a prosecution by the Royal Borough of Windsor and Maidenhead for various alleged breaches of the Health and Safety at Work Act 1974 following the death of a rigger at the Bray Studios in Reading which resulted in the collapse and acquittal of all concerned.

Andrew has also appeared recently before Mr Justice Field to mitigate on behalf of a large hotel following the death of a guest in its swimming pool and is actively involved in a number of ongoing cases which are in the early stages of prosecution

Andrew understands the anxieties and difficulties faced by companies and their directors whenever a prosecution arises and responds swiftly and flexibly to requests their requests for advice or representation.

He has been widely recognised as a leading practitioner in the related fields of personal injury and industrial disease for in excess of 10 years in both Chambers & Partners and the Legal 500. 

Reported cases

  • HSE v Pickford Move Management Ltd [2014]
  • R v Tremorfa Group Ltd (1) John Glenn Installations (2) [2014]

Recommendations

  • “A very personable, sound adviser.” Legal 500, Regulatory, health and safety, and licensing (2017)
  • “Andrew shows outstanding dedication, skill and knowledge.” Legal 500, Regulatory, health and safety, and licensing (2016)

Andrew is a leading practitioner nationally in the field of industrial disease whose work takes him all over the country but especially in the South West and Wales. He is one of a handful of specialists nationwide recommended in Chambers & Partners spotlight table for disease work as well as the Legal 500. He has been involved in a number of reported cases involving asbestos/respiratory disease (mesothelioma, asbestosis, lung cancer, occupational asthma), occupational stress and harassment/bullying, noise, work related upper limb disorders, hand/arm vibration syndrome, sexual abuse, bacterial exposure (c difficile, mrsa, campylobacter). He is a member of the TSOL panel.

Andrew’s recent successes in 2014 include successfully representing the defendant in the Court of Appeal in the case of Coventry University v Mian [2014] EWCA Civ 1275, an appeal against a decision of HHJ Barrie that the university was liable to Dr Mian, a senior lecturer, for work-related stress. In 2013, Andrew defeated a huge claim for stress at work involving an 8 day High Court trial, the defence of a substantial claim for exposure to C difficile causing permanent bowel problems, defending a claim for acoustic shock and recovering damages for claimants in various complicated mesothelioma claims. He acted on behalf of the Bank of New York Mellon in connection with a claim for in excess of £1 million by a former Head of Executive Office for stress at work, which was reported in the national press.

Reported Cases

  • Coventry University v Mian [2014] EWCA Civ 1275 – work-related stress
  • Denton & Ors v TH White [2014]  EWCA Civ 906
  • Rees v Abertawe Bro Morgannwg (2013) LTL – work-related stress
  • Goode v Abertawe Bro Morgannwg (2013) LTL – acoustic shock
  • Hoey v Sir Robert Lloyd Construction [2011] EWCA Civ 1060 – asbestos
  • Hinchliffe v Corus UK Ltd            [2010] EWHC 1573 – asbestos
  • Harding v Costain Ltd [2009] EWHC 1348 – asbestos
  • A’ v Hoare [2008] EWHC 1573 – limitation period and Human Rights in claim for sexual assault.
  • A’ v Hoare – [2008] UKHL 1 – sex abuse
  • Cooper v Carillion [2003] EWCA Civ 1811

Andrew regularly appears at inquests which often influence the decision as to whether or not to prosecute, and if so whom, and advises on plea, basis of plea and the collation of evidence whether for the purposes of a trial or mitigation; he also takes the lead, when required to do so, in discussions with the prosecution.

Andrew is a leading junior in the field of personal injury, consistently recommended in the Legal 500 and Chambers Directory for the past 15 years, whose practice takes him to all parts of the country but particularly the South West and South Wales. He is ranked currently as a band 1 practitioner and is one of only twenty eight barristers nationwide to be listed as an industrial disease expert in Chambers and Partners Spotlight table. He is a member of the TSOL regional panel.

Andrew’s key fields of expertise lie in employers’ liability for accidents at work and industrial disease, road traffic accidents, bullying and stress at work, sexual abuse, occupier’s and public liability.

Andrew is instructed by nearly all major insurance companies as well as private indiviuduals and companies. He is instructed by the Government Legal Service on behalf of various departments of state. He also undertakes work on behalf of NHS Trusts and Local Authorities.

Andrew has extensive experience of dealing with multi-track claims at all levels, including at the top end catastrophic accidents such as the explosion at the Port Talbot Steelworks and group litigation in relation to industrial disease. He opened the appeals in Denton v TH White on behalf of the successful lead Defendants.

He has a detailed knowledge of the legal and medical issues arising in claims for damages arising from bullying or stress at work, exposure to asbestos, noise-induced deafness, hand/arm vibration syndrome, exposure to hazardous substances, including bacteria, work-related upper limb disorders.

Andrew is respected by clients and opponents alike for his courtroom skills, especially cross-examination.

Andrew is known for his approachable style, flexibility and turnaround time.

Recommendations

  • A tough, clever opponent who is quick on his feet.” “An excellent barrister.” Chambers UK, Personal Injury (2018)
  • “He is very bright and able.” Legal 500, Personal injury and clinical negligence (2017)
  • “Leading personal injury barrister in the Western Circuit, adept at handling a variety of issues including stress, RTA and industrial disease claims. ‘A very good advocate at trial. He thinks well on his feet and has an amiable personality.’ ‘Andrew gets straight to the heart of what a case is about and has a very good manner with clients.’ ” Chambers UK, Personal Injury (2017)
  • “Andrew provides sound advice and the conviction to follow it through.” Legal 500, Personal injury and clinical negligence (2016)
  • “Andrew covers a broad range of personal injury matters, including cases concerning severe and catastrophic injuries, serious psychiatric injuries and asbestos-related claims. ‘He is incredibly tenacious and thoroughly prepared.’ ‘He has an appetite for the fight.’ ” Chambers UK, Personal Injury (2016)
  • “Andrew has the courage of his conviction to take a hard line on liability, where appropriate.” Legal 500, Personal Injury and Clinical Negligence (2015)
  • “Andrew is sought out by some of the leading national firms for his talent and experience in cases with regard to severe and catastrophic injuries, serious psychiatric injuries and asbestos-triggered disease. Instructing solicitors are unanimous in praising his strong client care skills. ‘He never misses deadlines and always delivers advice of high quality.’ ” Chambers UK, Personal Injury (2015)

Practice Overview

Andrew is a leading junior in the fields of personal injury and industrial disease, consistently recommended in the Chambers and Partners Directory and the Legal 500 for the past 15 years, whose practice takes him to all parts of the country but particularly the South West and South Wales. He is ranked as a band one practitioner in personal injury and is one of only twenty eight barristers nationwide to be listed as an industrial disease expert in Chambers and Partners Spotlight table. He is also recommended in the Legal 500 for Health and Safety regulatory work. He has been a member of the TSOL panel since 2012.

Andrew is instructed by many national firms on behalf of defendants and their insurers, as well as  claimants, especially in cases involving fatal accidents, catastrophic injuries, amputations, chronic pain disorders, serious psychiatric injuries as well as asbestos-related disease, HAVS, occupational stress, sexual abuse and WRULDs. He has been involved in numerous reported or high profile cases in recent years. He opened the appeal on behalf of the successful defendants in Denton v TH White.

Andrew acts primarily for defendants in complex clinical negligence cases.

Andrew also undertakes civil fraud and insurance-related work which includes dishonest claims for fire and other property damage, false claims for theft or loss of property,  fraudulent critical illness and life insurance claims, LVI/phantom passenger claims,  and issues arising in relation to dates of inception, disclosure of facts/information, cooperation; he also advises and prosecutes in relation to contempt proceedings.

Andrew acts regularly on behalf of individuals and companies who face prosecution for breaches of the Health & Safety at Work etc Act 1974 and subordinate legislation.

.Andrew is qualified to undertake public access work in appropriate cases, for further information, please visit our Public Access page.