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Carl Dray

Carl Dray

Partner

CMS Cameron McKenna Nabarro Olswang LLP
1 South Quay
Victoria Quays
Sheffield
S2 5SY
United Kingdom
Languages English

Carl is a Partner in our Dispute Resolution group. Carl, and his team, defend a range of personal injury claims from high value seven figure sum catastrophic claims to smaller claims with either a strategic importance to set precedent for other claims or where there is a high risk of reputational damage to the client. He is an expert in group litigation and has been involved in many of the most high profile group actions in the UK. He has experience of product liability in the consumer and industrial sectors. He exclusively advises defendants in litigation. Carl has experience of mediation and other forms of alternative dispute resolution as well as litigation in the High Court and Appellant courts in England and Wales.

Carl also defends corporates and their directors and other professionals in criminal investigations. He is familiar with providing risk evaluation, dealing with incidents, representing clients in their dealings with the HSE and representation at PACE interviews with the enforcing authorities and in conducting inquests and proceedings before criminal tribunals.

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"Quietly confident, steely and combative" and "gives clear and unambiguous advice."

Legal 500

Relevant experience

  • Department of Business Energy and Industrial Strategy (BEIS) on defending a group action involving claims against the former British Coal Corporation arising out of alleged injuries to the knee by former mineworkers (estimated value £4bn).
  • BEIS/Coal Products Limited on claims for respiratory illness and cancers arising at various manufacturing plants across the UK. The case involves over 350 former workers and their families.
  • A major mining corporation on defending accident claims, including five fatalities.
  • Advising a number of international companies (commercial, infrastructure and financial services) on asbestos related disease claims arising out of exposure in the United Kingdom and abroad.
  • A major US corporation on industrial injuries and health and safety issues arising out of various industrial plants (power plants, aviation, plant and equipment hire and logistics and chemicals/plastics) operating in the United Kingdom.
  • Defending an international financial institution in claims relating to psychological injury and occupational stress.
  • Acting for large manufacturing clients on defending claims arising from the production of aggregates, minerals and the manufacture of associated products.
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Education

  • 1977 – B.A (Hons) Nottingham Trent
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Feed

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4 December 2017
Risk Mat­ters: In­sur­ance Sec­tor Up­date (Winter 2017/18)
06 Dec 19
Court of Ap­peal cla­ri­fies ap­proach to find­ings of fact in noise-in­duced...
In Mack­en­zie v Al­coa Man­u­fac­tur­ing (GB) Ltd [2019] EW­CA Civ 2110, the Court of Ap­peal has cla­ri­fied the prop­er ap­proach to find­ings of fact in noise-in­duced hear­ing loss (NIHL) claims in cir­cum­stances...
15 Nov 19
An­oth­er po­ten­tial low value EL/PL Pro­tocol Portal es­cape route for...
The Court of Ap­peal has ruled that a claimant can­not avoid the re­quire­ments of the Pre-Ac­tion Pro­tocol for Low Value Per­son­al In­jury (Em­ploy­ers’ Li­ab­il­ity and Pub­lic Li­ab­il­ity) Claims by seek­ing to...
23 Oct 19
QOCS pro­tec­tion at court's dis­cre­tion in mixed data breach claims
The Court of Ap­peal has con­firmed in An­drea Brown v (1) Com­mis­sion­er of Po­lice of the Met­ro­pol­is (2) Chief Con­stable of Great­er Manchester [2019] EW­CA Civ 1724 that qual­i­fied one-way costs shift­ing (QOCS)...
09 Oct 19
Data pro­tec­tion and class ac­tions: iPhone users’ claim against Google...
Sum­mary Last week the Court of Ap­peal per­mit­ted ser­vice out of the jur­is­dic­tion of an un­usu­al form of class ac­tion against Google (Richard Lloyd v Google LLC [2019] EW­CA Civ 1599), over­turn­ing Warby J’s...
23 Jul 19
Court can take in­sur­ance mar­ket con­sid­er­a­tions in­to ac­count when as­sess­ing...
The Court of Ap­peal has held that the reas­on­able­ness of an ATE premi­um is to be judged by ref­er­ence to the eco­nom­ics of the ATE mar­ket rather than the facts of a spe­cif­ic case. Once a block-rated ATE...
04 Jul 19
Li­ab­il­ity and the risks of sup­ply chain
Re­cent news stor­ies in the UK have once again raised con­cerns over large sup­ply chains and food safety stand­ards. In June, it was re­por­ted that traces of lis­teria bac­teri­um were dis­covered in pre-pack­aged...
14 Jun 19
Court of Ap­peal con­firms that a so­li­cit­or has no duty to alert an­oth­er...
The Court of Ap­peal has con­firmed that a so­li­cit­or’s duty to the court does not cre­ate an ob­lig­a­tion to draw an­oth­er party’s at­ten­tion to a de­fect in ser­vice. The back­ground In Wood­ward & an­oth­er...
12 Jun 19
High Court gives guid­ance on pro­por­tion­al­ity in costs as­sess­ments
One of the corner­stones of Lord Justice Jack­son’s costs re­forms is that costs should be pro­por­tion­ate to the mat­ter at is­sue. In a rare High Court de­cision ex­amin­ing this test, Mar­cus Smith J has giv­en...
12 Jun 19
High Court ap­plies a "high test" for avoid­ing fixed costs in cases...
The High Court has ap­plied a “high test” when con­sid­er­ing wheth­er a claimant could re­cov­er more than fixed costs in a case that had been re­moved from the pro­tocol for low-value per­son­al in­jury claims...
03 Jun 19
Pen­al­ties for not beat­ing claimant’s Part 36 of­fer in lit­ig­a­tion tempered...
In two cases fa­vour­able to the pay­ing parties, the courts have cla­ri­fied the ap­plic­a­tion of the 10% up­lift pay­able to a claimant that has beaten its own Part 36 of­fer. The courts con­sidered wheth­er an...
30 May 19
Court of Ap­peal con­firms that a party seek­ing third party dis­clos­ure...
The Court of Ap­peal has over­turned a de­cision re­quir­ing a small com­pany to pay part of the costs of a third-party dis­clos­ure ap­plic­a­tion after it had not com­plied with an in­form­al re­quest for doc­u­ments....