Gemma Witherington

Introduction & Contact details

Prior to joining the bar, Gemma worked in the Litigation Department at an international bank. Having worked in-house in a large commercial organisation, Gemma understands the pressures and mechanisms at play in the conduct of litigation for complex organisations. She can provide client focused and specialist advice.

Gemma completed her pupillage with Hardwicke and joined the insurance division. She specialises in personal injury, housing and banking & consumer credit work.

She advises and represents litigants in all Courts, including inquests, the county court and the high court. She is willing to travel nationwide, and accepts instructions on a CFA basis where appropriate.

Gemma is friendly, approachable and will turn around advice in efficient time.

Qualifications

• Inner Temple Exhibition Award 2007-2008
• Streuben Benefactor Award 2007- 2008
• Inner Temple Eastwood Cup 2008
• Bar Vocational Course: Very Competent
• Post Graduate Diploma in Law: Commendation
• BA (Hons) 2:i  

Professional Associations

• The Honourable Society of Inner Temple 
• Personal Injury Bar Association

DDI: +44 (0) 20 7400 2371
E:     gemma.witherington@hardwicke.co.uk

Personal Injury

Gemma has considerable experience in a variety of personal injury work from occupier’s liability claims to road traffic accidents and employer’s liability work. She has particular strength in drafting statements of case and regularly advises on liability and quantum for a variety of injuries.

Gemma represents Claimants and Defendants in pre trial reviews, case management conferences, trials and infant settlements.  She is experienced at drafting schedules of loss in complex cases.

Gemma has assisted in a range of high value personal injury cases with complex technical issues on liability and quantum. For example, she worked on a complex stress at work case which involved a three day trial.

Gemma has assisted and advised in difficult cases such as serious brain injuries, which involved capacity issues and complex quantum arguments. Gemma understands the emotional difficulties involved in personal injury cases, and as a consequence of this, she understands the need for sensitivity when dealing with clients and explaining points of law.

She can handle large volumes of documents in a short space of time.

Most recently, Gemma has:

• Assisted in assessing liability in a catastrophic brain injury to a child who nearly drowned;
• Drafted advices and schedules on loss of opportunity and ruined holiday claims;
• Attended part of an inquest at the High Court into the July 7th bombings on behalf of the London Ambulance Service.

Gemma also gives seminars on personal injury law to solicitors; most recently she gave a seminar on the impact of recent Limitation Act decisions on personal injury work.

Commercial

Gemma enjoys advising and drafting in breach of contract and misrepresentation claims. She is knowledgeable on the Sale of Goods Act 1974 and the Supply of Services Act 1982, and can offer practical adivce to clients in disputes.

She has sucessfully defended clients in claims for faulty workmanship and defective products. She is known for taking a pragmatic approach whilst focusing on the detail of a case.

Banking, Finance & Credit

Prior to joining the bar, Gemma worked in the Litigation Department at Barclays Bank Plc. She gained considerable experience drafting Defences and managing a variety of claims including contractual and tortious disputes.

Gemma regularly acts in enforcement proceedings, including applications for charging orders and freezing injunctions in the High Court. She regularly acts in  strike out and summary judgment applications.

Gemma has in depth knowledge and experience of claims under section 75, 77 and 78 of the Consumer Credit Act 1974.  She has appeared on behalf of Banks in the County Courts on various hearings and at mediations. She has experience advising and drafting on:

• Mistaken payments;
• Dishonoured cheques;
• Debt recovery;
• Mis-selling of Payment Protection Insurance;
• Data Protection Act applications, and;
• Hire purchase and return of goods hearings.

Employment

Gemma has drafted pleadings and skeleton arguments on unfair dismissal claims for large employers and also discrimination claims by ex-employees.

Gemma specialised in advanced employment law on the BVC, for which she received the top grade of ‘outstanding.’ She has particular interest in discrimination law and unfair dismissal.

She regularly undertakes case management conferences and applications on behalf of large UK employers.