Jimmy Barber


JimmyBarber

Call 2008
Qualifications LLB European (Magister), University of Exeter (First Class); LLM, University of the Saarland (First Class); Bachelor of Civil Law, University of Oxford
Professional Memberships Member of the Personal Injury Bar Association
Awards Lord Denning Scholarship, Lincoln’s Inn; Cavendish Prize; DLA European Law Prize; Markus Zalewski Prize; School of Law Commendation.

Expertise


Jimmy is frequently instructed to attend at court, advise on and settle pleadings in a variety of consumer aviation and travel disputes. These include carriage by air disputes involving Regulation (EC) No. 261/2004 and the Montreal Convention, including denied boarding, flight delays, lost baggage and passenger injury claims.

Recent instructions include:

  • Acting for airlines in defending claims brought under Regulation 261/2004, where delays in arrival were caused by extraordinary circumstances, such as adverse meteorological conditions.
  • Defending claims brought by passengers for various heads of loss that are not recoverable under the terms of the Montreal Convention, e.g. emotional suffering and distress caused by denied boarding.
  • Obtaining the striking out of a Regulation 261/2004 claim which had purportedly been assigned by the claimant passenger to a third party under the terms of a deed of assignment; the third party was found to have wantonly and officiously intermeddled with the dispute of another, which was an abuse of process.
  • Representing tour operators in claims for breach of contract and misrepresentation relating to package holidays.

Jimmy is instructed in a range of cases in the County Court and High Court. He has settled defences and advices and has appeared at a number of CCMCs and interim applications.

Recent examples of instructions include:

 

  • Advising on the merits of a strike out application in a secondary victim claim for nervous shock, in which the claimant widow had witnessed the death of her husband after the Trust negligently failed to diagnose a subarachnoid haemorrhage.
  • Applying for an extension of time for filing a defence, and subsequently settling the defence and response to Part 18 questions, in a claim regarding the alleged misalignment of the femoral component in a total knee replacement operation.
  • Settling defences in claims involving allegations of the failure to refer an infant to a specialist paediatric hospital in time to prevent her death; of the removal of a gastric band without the consent of the claimant; of the delay in diagnosis of a scaphoid fracture; and of the retention of a wire fragment during the insertion of a femoral line.
  • Attending CCMCs in cases involving negligent misdiagnosis of haemochromatosis (valued in excess of £1 million and listed for a 16-day trial); the failure to diagnose deep vein thrombosis; the mismanagement of labour leading to a stillbirth; an extravasation injury in the foot; the development of Guillain-Barré syndrome following an influenza jab; and the misdiagnosis of spondylodiscitis.

Jimmy is regularly instructed to appear and advise in fast track and multi-track cases in the County Court. He has particular experience in employers’ liability and road traffic accident cases.

Examples of recent cases in his private practice include:

  • Successfully representing at trial an elderly claimant who fractured her leg after tripping and falling over on a gravel verge in a council-run car park. The council were held responsible under the Occupiers’ Liability Act 1957, and on the assessment of damages the claimant beat her own Part 36 offer.
  • Acting for a defendant employer in a manual handling claim pleaded in excess of £250,000, which was settled shortly before trial in accordance with advice given on liability and quantum.
  • Representing a defendant employer in a slipping claim on the multi-track, which was settled on advice shortly before the trial.
  • Successfully representing two claimants at the multi-track trial for their claims for personal injury arising out of a road traffic accident, in which the defendant had raised issues of low velocity impact and had suggested that the second claimant, a passenger, was not present in the vehicle at the time of the accident.
  • Successfully defending a series of claims brought against a defendant insurance company for road traffic accidents involving allegations of low velocity impacts, including several in which the judgment turned on inconsistencies unveiled in the cross-examination of the claimants on their medical records and their histories of involvement in road traffic accidents.

Jimmy’s knowledge of employers’ liability claims is supplemented by his time working in-house advising the Personal Injury team at HMRC Solicitor’s Office. During this time he gained particular knowledge of occupational stress claims (especially those involving allegations of bullying and harassment), injuries caused by the provision of unsuitable work equipment, slipping and tripping accidents, injuries causing chronic pain conditions and claims for injuries sustained during physical training exercises.

 

Practice Overview

Jimmy joined St John’s after practising in London for five years. He has expertise in personal injury and clinical negligence litigation, as well as consumer aviation and travel law. He spent two terms as the judicial assistant to Sir John Thomas PQBD (as he then was) in the Court of Appeal.