Paul Rose KC

Paul Rose KC has many years of experience in personal injury litigation, stretching back to acting on behalf of the claimants in both the Opren and the Benzodiazepine litigation in the 1980’s and 90’s. Shortly thereafter he acted on behalf of the family and dependants of victims of the Chinook Mull of Kyntyre helicopter crash and the Kegworth M1 British Midland Air crash.

In 1994 he acted on behalf of the claimants in the Camelford water pollution claim. More recently, he acted for the servicemen injured in the Kajaki Dam mine strike in 2006. He has acted in a number of other high profile claims for Service Personnel against the Ministry of Defence. He has extensive experience acting for claimants who have suffered catastrophic injuries.

He has acted for the claimant in the following notable cases:

• Gul v Mcdonagh [2022] RTR 9 – Court of Appeal – apportionment of contributory negligence – RTA – 13 year old boy.
• Mehmetemin v Farrell [2017] EWHC 103 (QB) –Severe lower limb orthopaedic injury. Court awarded £967,000;
• JH & SH v SL [2017] – Contested interim payment application on behalf of two children to purchase new accommodation. Judge awarded: £750,000. Judge also ruled on admissibility of Calderbank offers in interim payment applications;
• Brown v Mujabi  [2017] –In a claim for damages for personal injury, a defendant was able to rely on CPR r.33.4(1) to cross-examine the claimant on comments made about the effects of her injuries despite her not having served a witness statement;
• Lightfoot v Go-ahead Group Plc (2011) RTR 27– contributory negligence of a pedestrian;
• IB v CB [2010] EWHC 3815 (QB)– a decision in respect of terms of standard PPO Order;
• McKinlay v (1) Richard Lambe (2) AIG UK Ltd LTL 12/10/2009 RTA concerning motorcycles;
• Sowerby v Charlton [2006] 1 WLR 568 –a decision of the Court of Appeal concerning whether Admissions made pre action may be withdrawn under the CPR;
• Bici v Ministry of Defence [2004] EWCH 786 (QB)– a decision by Elias J on the issue of combat immunity invoked as a defence by the defendant to a claim for assault and negligence in relation to the shooting and killing and wounding of civilians in Kosovo during peacekeeping operations;
• Mattis v Pollock [2003] 1 WLR 2158– a decision of the Court of Appeal concerning a night club owner’s vicarious liability for the assault by his doorman on a visitor leading to paraplegia;
• Forey v London Buses [1991] I WLR 327– Court of Appeal – quantum and costs;
• Pearson v British Midland Airways [1988] C.L.Y 1503 – Claim for PTSD arsing from Kegworth Air Disaster.

Paul Rose KC has appeared in approximately 25 reported cases covering all aspects of discrimination law, TUPE and general employment disputes. He has sat as a fee paid employment judge for 16 years until 2019.

Paul Rose KC appeared in the following cases concerned with employment status:

• James v Redcats (Brands) Ltd [2007] IRLR 296. A decision of Elias P on the word “worker”;
• Franks v Reuters [2003] IRLR 423 a decision of the Court of Appeal on the meaning of “employee”.

He has also appeared in the following recent decisions in the field of discrimination:

• Chief Constable of Lincolnshire v Natasha Caston [2009] EWCA Civ 1298 Court of Appeal deprecates tribunal’s reference to commentary on extension of time;
• Okunu v G4S [2008] ICR 598 burden of proof in discrimination case;
• Scott v The Commissioners of the Inland Revenue [2004] IRLR 713 a decision of the Court of Appeal on the assessment of compensation indiscrimination claims and costs;
• Croft v Royal Mail Group plc [2003] IRLR 592 a decision of the Court of Appeal on discrimination on the grounds of gender reassignment and also on the statutory defence;
• Liversidge v The Chief Constable of Bedford Police [2002] IRLR 651 a decision of the Court of Appeal on the liability of the Chief Constable for alleged acts of discrimination by police officers;
• Leicester University v A [1999] ICR 701 – Restricted reporting orders;
• London Borough of Lambeth v The Commission for Racial Equality [1990] IRLR 231 a decision of the Court of Appeal on “genuine occupational qualification”;
• London Borough of Tower Hamlets v Rabin (1989) ICR 693;
• Meer v London Borough of Tower Hamlets [1988] IRLR 299 court of appeal decision on indirect race discrimination;
• Balgobin v London Borough of Tower Hamlets [1987] ICR 829 decision on statutory defence.

He has also acted in a number of TUPE cases most notably:

• Johnson Controls v (1) Campbell (2) UKAEA [2012] All ER (D) 220 EAT decision in service provision change;
• Law Society of England & Wales v Secretary of State for Justice [2010] IRLR 407 decision of Queen’s Bench Division on whether a transfer of an undertaking;
• Kerry Foods v Creber [2000] IRLR 10 a wide-ranging decision on TUPE by Morison P;
• Whent v Cartledge Ltd [1997] IRLR 153 a decision of the EAT concerning the impact of TUPE on collective agreements.

Unfair Dismissal

• Kerry Foods v Lynch [2005] IRLR 680
• Crossville v Tracey [1998] AC 167 House of Lords: Employment Tribunal’s jurisdiction to consider reduction of Compensation in unfair dismissal selective re-engagement for contributory fault.
• Isleworth Studios Ltd v Rickard [1988] 2 WLR 1059 EAT appeal on compensation

Other Employment Cases

• R v West Yorkshire Fire and Civil Defence Authority ex parte McCalman [2001] OPLR 85
• Wiluszynski v London Borough of Tower Hamlets [1989] ICR 493 – Court of Appeal – breach of contract – limited industrial action.

• • BEA v FJD & MIB 2022 – severe brain injury. Claimant aged 20 at date of settlement. Lump sum award £7.6 m Periodical Payment £440,000 p.a. for life. Approved by High Court in July 2022.
  • AV v AB –Severe Traumatic Brain Injury. Settled at JSM in June 2020 for lump sum of £9.75m awaiting approval by Court;
  • XYZ V FGL –Severe head injury with complicated issues over compliance with rehabilitation programme, settled at JSM in May 2020 for Lump sum of £2.4m and periodical payments for care and case management of £125,000 p.a;
  • HPS v PC – Severe Traumatic Brain Injury: Liability settled at JSM 87.5/22.5 in the claimant’s favour approved by Court in March 2020;
  • SM v TB– Severe Traumatic Brain Injury settled at JSM for a 8 figure Lump sum award, approved by the Court in January 2020;
  • HP v ETM Contractors –Severe Traumatic Brain Injury settled at JSM Lump sum £3m and periodical payments for care and case management £65,641 approved by the Court in December 2019;
  • MNL v TRW –Severe Traumatic Brain Injury settled at JSM for 8 figure lump sum approved by the Court  November 2019;
  • JXS v SXP– Complex brain injury case where the claimant, a young man, refused to engage with the MDT rehabilitation team, settled at JSM lump sum £3.2m approved by the Court in September 2020;
  • HH v JB– Moderate traumatic brain injury settled at mediation March 2019 Lump sum £1.4m;
  • AB V Smith’s Gloucester Ltd – Traumatic Brain Injury settled at JSM Lump sum £4.2m approved by the Court January 2019.

• 22 QCs on the hot employment law issues for 2018-19 Conference
• Continued Personal Injury/damages successes for Paul Rose QC