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Defendant Personal Injury

The CMS Defendant Personal Injury team is ranked Tier 1 in the Legal 500 and specialises in the defence of personal injury claims on behalf of public bodies, insurers and self-insured corporate clients. The team has particular expertise in the field of group litigation, unmatched by any other defendant injury team in the country. Our expertise includes:

  • Catastrophic injury/ complex injury claims
  • Employer’s and public liability
  • Psychiatric injury, including workplace stress
  • Civil claims investigation, litigation strategy and negotiation
  • Occupational disease
  • Occupier’s liability
  • Health and safety
  • Alternative dispute resolution
  • Attritional trauma and disease claims 
  • Cross-border clams and litigation/ disputes
  • Claim valuation
  • Emotional/ psychological harm claims following data breach  

Corporate Services: We have considerable experience acting for large public and corporate bodies. As well as handling litigated personal injury claims, we also advise corporates on emerging risks and provide training to employers to help reduce the incidence of claims, increase claims defensibility and reduce claims costs.

Dispute resolution: We help our clients avoid litigation and provide expert advice to resolve disputes where possible. Our advice is clear, commercial and conscious of reputational risk. We will vigorously defend unmeritorious claims.

Costs: As legal costs are increasingly a significant factor in all dispute resolution, the team now has a dedicated costs unit to further enhance our service to clients across CMS, minimising costs spend, maximising costs recovery and providing strategic costs advice.

Full Service: As a full-service firm, we work closely with colleagues in areas such as construction, health and safety and employment to provide comprehensive personal injury advice focused on achieving the best outcome. Our cross-disciplinary team is available 24/7 365 via our Emergency Response hotline, supporting clients with a variety of crisis incidents.

Examples of CMS' defendant personal injury work

  • A national construction supplies company in relation to a claim for vicarious and direct liability following a workplace “prank” which resulted in personal injury. The landmark decision further clarified the boundaries of vicarious liability and the duty of care owed by employers to those who sustain injury in such circumstances.
  • A discontinuance in relation to a catastrophic RTA allegedly caused by a defective new road surface. CMS acted for the company which laid the surface and faced a claim in excess of £1M.
  • A government department in the defence of a group litigation order (GLO) in respect of 290 former coke workers suffering from a range of disabilities and injuries, including lung cancer, skin cancer and a variety of non-malignant respiratory diseases. The claims involved the operation of coke works in 14 different locations over a period of 60 years.
  • Representing the insurers of an individual who sustained multiple injuries, including a serious head injury, in an RTA in the UAE. Advising in relation to a potential recovery action. Collaboration with CMS Dubai to investigate and advise.
  • The insurers of a UK resident sued following a skiing accident in Italy. The claim alleged severe traumatic brain and hamstring injury. Reflecting the litigation risk to both sides, claim settled prior to issue of proceedings for substantially less than the potential value without admission of liability.
  • Multiple confidential clients in relation to civil claims for damages for distress, psychiatric injury and financial loss following data breach incidents. Working with the CMS Cyber team, the defendant personal injury team advised on liability, quantum and potential for group claims, as well as grounds for claims for misuse of private information, breach of confidence and breach of statutory duty under the Data Protection Act and GDPR.

For more information and detailed credentials, contact the Partner team, details above.

Awards & Recognitions
01
  • Quote
    "No other defendant firm has been involved in as much high profile, high value, heavy PI litigation (with a particular emphasis on industrial disease) as CMS. That’s reflected in the high quality of the staff."
    Legal 500, 2023
  • Quote
    A very efficient team in all aspects of personal injury litigation.
    Legal 500, 2022
  • Quote
    All members of the [CMS Defendant Personal Injury] team work extremely effectively together. Some major tasks and others at short notice require collective working to tight deadlines which are always completed to a high degree of professionalism. There really is a one for all and all for one attitude.
    Legal 500, 2021

Events

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    United Kingdom
    03 Apr 2025

    CMS Welcome Reception to coincide with the 26th Annual IBA Arbitration Day

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    United Kingdom
    31 Mar 2025

    Skills For Future Facing Teams: Advanced presentation skills

  • United Kingdom
    26 Mar 2025

    CMS Annual Tax Con­fer­ence 2025

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    United Kingdom
    19 Mar 2025

    Building Safety Act Conference

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    United Kingdom
    17 Mar 2025

    Skills For Future Facing Teams: Enhance your influence

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    United Kingdom
    13 Mar 2025

    Spotlight on Sexual Harassment

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    United Kingdom
    13 Mar 2025

    Technology Disputes & Arbitration: Trends, Challenges and the Future

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    United Kingdom
    11 Mar 2025

    ESG litigation: recent trends and future developments

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    United Kingdom
    05 Mar 2025

    CMS/Savills Scottish Hotel Conference

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    United Kingdom
    27 Feb 2025

    Cross-Border Financial Services 2025 webinar series

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    United Kingdom
    26 Feb 2025

    Risk Essentials: Managing Cyber Risk & Fraud

  • 3D illustration Abstract digital light background - 840 x 420
    United Kingdom
    25 Feb 2025

    CMS ECCTA: Failure to Prevent Fraud

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We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.

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