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Andrew Ward

Manchester, UK UK Bar Guide 2021 Ranked in 1 departments
Ranked in : Personal Injury
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Barrister Information

Barrister profile for UK Bar 2021

UK Bar

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UK Bar
Personal Injury - Northern (Bar)

Band 2

Andrew Ward
Experienced junior who acts for claimants and defendants alike in cases relating to serious and fatal accidents. Well versed in RTAs and injuries sustained at work, he also has considerable expertise in military claims, and has represented the Ministry of Defence on a number of occasions. He is currently a member of the Attorney General's Regional Panel of Junior Counsel to the Crown.
Strengths: "Very strong on military matters and earns the trust of his clients."
Recent work: Acted for Ministry of Defence in the defence of over 70 linked claims by soldiers for damages for non-freezing cold injuries sustained during military service.
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Barrister information

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Practice Areas

Andrew is an experienced personal injury senior junior. He acts for Claimants and Defendants in serious and catastrophic injury claims including serious traumatic brain injury, serious spinal injury and amputation claims. He does not accept instructions in new cases with a value below £250,000 unless a novel point arises.

Friendly and approachable, Andrew is consistently recognised by the leading directories as a leading personal injury junior.

Andrew settles claims on behalf of Claimants and Defendants each year with a total value of approximately £5 million and £20 million respectively. He is instructed in more than 30 JSMs in cases valued in excess of £500,000 each year.

He is a member of the Attorney General’s Regional ‘A’ Panel of Junior Counsel to the Crown. In this capacity, he frequently represents the Ministry of Defence and other Government Departments in high-value and sensitive cases, often appearing against Leading Counsel.

Further, Andrew’s experience in representing both Claimants and Defendants enables him to view cases from his opponents’ perspectives. He adopts a friendly and collaborative approach to settlement discussions but is robust where necessary.

Andrew is primarily based at Exchange Chambers in Manchester but is also a door tenant at 12 King’s Bench Walk in London.

His experience includes cases involving:-

•Serious traumatic brain injury;

•Subtle brain injury;

•Serious spinal injury;

•Amputation;

•Brachial plexus injury;

•Military claims (in particular, defending the Ministry of Defence in many Non-Freezing Cold Injury, Noise-Induced Hearing Loss and a range of serious injury claims);

•Fatal accident claims under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934;

•Chronic pain, CRPS, fibromyalgia and somatoform disorder;

•Serious psychiatric injury;

•Sports accidents;

•Accidents abroad, including disputes as to jurisdiction and applicable law under Rome II and the Private International Law (Miscellaneous Provisions) Act 1995;

•Industrial disease (including mesothelioma claims concerning the cost of immunotherapy treatment);

•Harassment, bullying and abuse claims; and

•Insurance disputes related to personal injury litigation (e.g.: claims involving the MIB’s Uninsured and Untraced Schemes, Article 75 insurers and Section 151 of the Road Traffic Act 1988).

Andrew’s recent cases include the following:

•P -v- T: Andrew acted as junior counsel, led by Will Waldron Q.C., on behalf of a claimant who suffered paraplegia when she was struck by a car as she crossed a country road. Liability was established in full at a High Court trial in March 2019. A settlement in excess of £2 million was achieved at a JSM in March 2020.

•A -v- B: Andrew acted as junior counsel, led by Will Waldron Q.C., on behalf of a claimant who suffered paraplegia following an accident. A settlement of £4 million was achieved at a mediation in April 2018.

•SC –v- AL: Andrew is currently acting as junior counsel, led by Will Waldron Q.C., for a motorcyclist who suffered a severe traumatic brain injury following an accident in May 2016. The claimant had an initial Glasgow Coma Score of 3/15 and significant retrograde and post-traumatic amnesia. He also suffered a spinal cord contusion at the level of T2/3.

•Various –v- MOD: Andrew is currently representing the Ministry of Defence in a significant number of high-value claims for Non-Freezing Cold Injuries (NFCI) and Noise-Induced Hearing Loss (NIHL) sustained by soldiers. These cases frequently involve limitation issues; difficult liability issues; complicated medical causation issues; significant quantum issues concerning the lost chance of a full military career with detailed loss of earnings and pension calculations; and complicated procedural case management issues.

•Malcolm Carew -v- MOD [2019] 6 WLUK 858: Andrew defended the Ministry of Defence at the limitation trial in June 2019 in this claim by a former soldier for damages for Non-Freezing Cold Injuries. The claimant alleged fourteen cold exposures between 2004 and 2016. Six of the cold exposures were ruled to be time-barred; six were permitted to proceed; and two were accepted to be in time. The claim settled following the limitation trial.

•C -v- MOD: Andrew represented the Ministry of Defence in a claim by an Indian soldier who suffered a traumatic below-knee amputation whilst participating in a joint training exercise with the MOD in the UK. The claimant returned to India. The case raised various difficult issues including the correct quantification of loss under English law where the claimant’s rehabilitation will take place in India; the cost of care in India; the reasonableness of Indian prosthetic provision; the use of English and Indian experts; and consideration as to whether a different discount rate should be applied under the Damages Act 1996. The claim settled at a JSM in March 2020 for £700,000.

•ST –v- DS: Andrew represented the Claimant, ST, who sustained a serious right brachial plexus injury, a mild traumatic brain injury, a de-gloving injury to his right arm and multiple fractures in an RTA in June 2014. Complicated issues arose concerning medical causation, the cost of flail arm orthoses and ST’s residual earnings capacity. Andrew obtained a settlement at a JSM in November 2017 of £925,000.

•ERS -v- BTL: Andrew defended a haulage company against a substantial claim by its motor insurer for the reimbursement of sums paid out to third parties following a serious road traffic accident when a lorry collided with a Metrolink tram in Manchester. The case raised difficult issues concerning forms of consent and assignment, material non-disclosure, Section 151 of the Road Traffic Act 1988 and unjust enrichment. The case settled at a Mediation in January 2020.

•L –v- H and M: Andrew represented the defendants in a claim arising from a riding accident at a livery yard in which the claimant fell from a horse and was rendered paraplegic. The claimant was represented by leading counsel. The claimant’s schedule of loss exceeded £4 million. Andrew successfully negotiated a settlement of £150,000 in January 2018.

•N -v- MOD: Andrew represented the Ministry of Defence in a claim by the widow of an Army Corporal killed in a Challenger Tank accident at Castlemartin Ranges, South Wales, in June 2017. The gun’s obturator pad had been removed for cleaning and it was fired with the pad missing. Ignition gases backfired into the tank’s compartment. Further propelling charges that were lying on the compartment floor exploded. They should have been kept in the secure charge bin. Two Corporals were killed and two others were very seriously injured. A confidential settlement was negotiated at a JSM in August 2019.

•Watson –v- MOD [2016] EWHC 3163 (QB): On 8th April 2016, Andrew acted alone against leading counsel in successfully representing the Ministry of Defence in its application before H.H.J. Yelton to adduce covert surveillance evidence three weeks before the start of a clinical negligence trial in a claim pleaded in excess of £2,000,000.

Career

Andrew was Called to the Bar in July 2000. He has practised at Exchange Chambers in Manchester since March 2008.

Professional Memberships

Andrew is a member of the Northern Circuit and PIBA (the Personal Injuries Bar Association).

Personal

Andrew enjoys spending time with his young family. He is a Mansell Patron of Jesus College, Oxford.

UK Bar
Andrew Ward

Exchange Chambers

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