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David Green#1834

David Green

Barrister, 12 King's Bench Walk
A personal injury and employment barrister with particular interest and expertise in occupational disease, military and international claims, and in discrimination and whistleblowing cases.
Contributed to

29

Particulars of claim—needlestick injury claim
Particulars of claim—needlestick injury claim
Precedents

This Precedent is a particulars of claim for a rubbish lorry worker who, whilst collecting rubbish, was pricked by a needle or sharp object on or after 1 October 2013.

The Motor Insurers’ Bureau (MIB) make an offer on a claim being dealt with under the uninsured agreement for general damages (not a CPR 36 offer) and the other side then, accept this offer. If the MIB then withdraw their offer following the receipt of the acceptance advising the offer was made in error and then make a significantly reduced offer, is it possible to enforce the first offer as it was accepted before they retracted it?
The Motor Insurers’ Bureau (MIB) make an offer on a claim being dealt with under the uninsured agreement for general damages (not a CPR 36 offer) and the other side then, accept this offer. If the MIB then withdraw their offer following the receipt of the acceptance advising the offer was made in error and then make a significantly reduced offer, is it possible to enforce the first offer as it was accepted before they retracted it?
Q&As
The portal only provides the drop down for up to four medical reports. However, I cannot locate anything within the rules allowing a drop from the portal where there are more than four medical reports. Can you advise on whether it is suitable to pull a case from the portal where there are more than four medical expert reports and any legislation or case law supporting this? There are five different medical specialisms used and seven reports total, two addenda.
The portal only provides the drop down for up to four medical reports. However, I cannot locate anything within the rules allowing a drop from the portal where there are more than four medical reports. Can you advise on whether it is suitable to pull a case from the portal where there are more than four medical expert reports and any legislation or case law supporting this? There are five different medical specialisms used and seven reports total, two addenda.
Q&As
We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?
We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?
Q&As
What are the options when proceedings need to be served but the medical evidence is incomplete? Should permission for further evidence be requested in the Particulars of Claim and then an application be made to stay the proceedings or should I wait until allocation and then seek a direction for further medical evidence?
What are the options when proceedings need to be served but the medical evidence is incomplete? Should permission for further evidence be requested in the Particulars of Claim and then an application be made to stay the proceedings or should I wait until allocation and then seek a direction for further medical evidence?
Q&As
What are the rules for service of the claim form and particulars of claim when the MIB are second defendant (as the first defendant is the uninsured driver) ie what is the time scale for service?
What are the rules for service of the claim form and particulars of claim when the MIB are second defendant (as the first defendant is the uninsured driver) ie what is the time scale for service?
Q&As
What is the relevant case law on contributory negligence where a claimant has seriously injured his hand trying to remove an object from an unguarded roller machine? Does a HSE prosecution against the defendant for failure to provide a machine guard and a cut-off switch impact on an allegation of contributory negligence against the claimant?
What is the relevant case law on contributory negligence where a claimant has seriously injured his hand trying to remove an object from an unguarded roller machine? Does a HSE prosecution against the defendant for failure to provide a machine guard and a cut-off switch impact on an allegation of contributory negligence against the claimant?
Q&As
When giving away alcohol at a promotional event, is it possible to exclude liability for personal injury etc where this is as a result of the individual drinking too much alcohol? Or do the normal rules on excluding liability for death/PI etc not apply in such instances?
When giving away alcohol at a promotional event, is it possible to exclude liability for personal injury etc where this is as a result of the individual drinking too much alcohol? Or do the normal rules on excluding liability for death/PI etc not apply in such instances?
Q&As
Where utilities repair works have caused road closures resulting in business disruption to high street shops, is there any claim such shops can bring against any party(ies) to recover losses flowing from such business interruption.
Where utilities repair works have caused road closures resulting in business disruption to high street shops, is there any claim such shops can bring against any party(ies) to recover losses flowing from such business interruption.
Q&As
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Practice Areas

Panels

  • Case Analysis Panel
  • Contributing Author
  • Q&A Panel

Qualified Year

  • 2015

Membership

  • Personal Injury Bar Association
  • Employment Lawyers Association
  • Employment Law Bar Association
  • Pan-European Organisation of Personal Injury Lawyers (PEOPIL)
  • Industrial Law Society
  • Fellow of the Royal Society of Arts
  • Equality and Human Rights Commission panel of counsel

Qualifications

  • BA (Hons) (2007)
  • Graduate Diploma in Law (2014)
  • BPTC (2015)

Education

  • University of Oxford (2004-2007)
  • City Law School (2013-2015)
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