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.